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Drinking & Driving Laws
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Texas DWI

DWI Laws in Texas

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Texas Drunk Driving Fines & Penalties

First Texas DWI Offense

1st Drunk Driving Conviction

Jail – From 72 Hours to 180 Days
Jail – From 180 Days to 2 Years (Child under 15 in Vehicle)

License Suspension – From 90 to 365 Days

Fine – Up to $2,000
Fine – Up to $10,000 (Child under 15 in Vehicle)

DWI Surcharge - $1,000 per Year for 3 Years
DWI Surcharge - $2,000 per Year for 3 Years (BAC .16 or Above)

Second Texas DWI Offense

2nd Drunk Driving Conviction

Jail – From 30 Days to 1 Year
Jail – From 180 Days to 2 Years (Child under 15 in Vehicle)

Fine – Up to $4,000
Fine – Up to $10,000 (Child under 15 in Vehicle)

DWI Surcharge - $1,500 per Year for 3 Years
DWI Surcharge - $2,000 per Year for 3 Years (BAC .16 or Above)

License Suspension – From 180 Days to 2 Years
Ignition Interlock Device

Third Texas DWI Offense

3rd Drunk Driving Conviction

Jail – From 2 to 10 Years
Fine – Up to $10,000

License Suspension – From 180 Days to 2 Years
Ignition Interlock Device

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Drinking and Driving Laws in Texas

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.

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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)

Other State of Texas Information

The Texas Lemon Law

Texas Teen Driving Laws and Insurance Requirements

Texas Cell-Phone Law E-Rumor