What are the penalties for a DUI in Texas?
|
|
1st Offense |
2d offense |
3rd Offense |
|
Minimum Jail |
3 to 180 days |
30 days to 1 year |
2 years |
|
Fines and Penalties |
Up to $2,000 (unless a child under 15 is in car) |
Up to $4,000 (unless a child under 15 is in car) |
Up to $10,000 |
|
License Suspension |
90 to 365 days |
180 days to 2 years |
180 days to 2 years |
|
IID* Required |
No |
Yes |
Yes |
How much do you have to drink (BAC*) for a DUI in Texas?
|
Under 21 |
.02 |
|
21 or older |
.08 |
|
Commercial |
.04 |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Texas?
Texas has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Texas’s implied consent law.
|
|
1st Offense |
2d offense |
3rd Offense |
|
Refusal to take test |
180 day license suspension |
2 year license suspension |
2 year license suspension |
Can you plead to a lesser offense than DUI in Texas?
No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Texas.
What is an SSR-22? An SR-22 is a form filed by your insurance company demonstrating that you meet certain insurance requirements. Only an insurance company can furnish the SR-22. Often the SR-22 need only meet your state’s minimum liability standards. In some cases, however, certain individuals may be subject to insurance coverage requirements that have higher limits and different coverage.
DisclaimerWe try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area. |
Drinking and Driving Laws in Texas
Texas Drunk Driving and Wet Reckless Laws - Nolo.com
The State of Texas prohibits the operation of a motor vehicle by drivers with a .08 percent or above blood alcohol concentration (BAC). The .08 limit is used across the United States as the benchmark for the "impaired" driver. Texas has lower limits in place for commercial drivers (.04) and for drivers under the age of 21 (.02). The Texas DWI law also makes it illegal to drive while under the influence of controlled substances such as marijuana, cocaine, inhalants and other intoxicants.
How many drinks does it take to reach the legal limit in Texas?
This question is often asked by drivers who want to know how many
drinks they can have before they reach the .08 BAC limit. A BAC score
is determined by a number of different variables such as weight, sex,
elapsed time interval between drinks and many other factors. Although
there are charts and calculators to help you determine your BAC, these
tools do not take into account all variables that contribute to a BAC
score.
The best answer is not to drink and drive . The State of Texas has strict laws for drunk driving, and when you drink and drive in Texas, you risk your freedom, finances and your future.
The first time you are arrested in the State of Texas for drunk driving you will receive a fine up to $2,000. You will also be confined to jail for no less than 72 hours and no more than 180 days. Your drivers license will be suspended for no less than 90 days and no more than 1 year. You may also be ordered to install an ignition interlock device on the vehicle at your own expense.
The second time you are arrested and convicted of a DWI in Texas you will be fined up to $4,000. You will also serve a minimum of 30 days in jail up to 1 year. Your drivers license will be suspended for a minimum of 6 months or up to 2 years. You may also be ordered to install an ignition interlock device on the vehicle at your own expense.
The 3rd conviction for a DWI in Texas is considered a 3rd degree felony. You will be fined up to $10,000 and serve no less than 2 years or up to 10 years in the penitentiary. Your drivers license will also be suspended up to 2 years. You may also be ordered to install an ignition interlock device on the vehicle at your own expense.
Drunk Driving Laws in Texas
State of Texas BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Texas
In Texas the implied consent law means that any person who receives a drivers license automatically consents to a chemical test of their blood, breath or urine to determine blood alcohol content or the presence of drugs. If you refuse such a test your drivers license will be confiscated and you will be issued a temporary drivers license until your court hearing. During the hearing your test refusal will be used against you and the court may rule to suspend your drivers license.
State of Texas Website - The Texas Driver License Handbook (More DWI Information)
