What the Law Says About DUI in Texas

In Texas, the term DUI (Driving Under the Influence) is a lesser charge that applies only to persons under the age of 21, who are not of legal age to be in possession of alcohol anyway. The basis for this charge is operating a motor vehicle with any detectable level of alcohol in the system. The penalty for a first offense of DUI is community service and a fine of up to $500. When referring to persons aged 21 or older, being charged with drunk driving is referred to as DWI (Driving While Intoxicated). DWI is defined by the state of Texas as “not having the normal use of one’s mental or physical faculties by the introduction of alcohol, drugs, controlled substances, or any combination thereof, into one’s body,” or having an alcohol concentration of 0.08 grams of alcohol per 210 liters of breath. However, this charge does not only apply to alcohol, but being under the influence of drugs as well. The term “intoxicated” means either (a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body – including prescription drugs; or (b) having an alcohol concentration of 0.08 or more.

In recent years, Texas has implemented some of the strictest DWI laws on the book. All offenses are subject to causing the driver’s license to be suspended, sometimes for two years or more just on the first offense. If you do not request a hearing within fifteen days of the arrest, the license suspension is automatic and no appeal is allowed. In addition to this, a first offense could also bring up to 180 days in jail and up to a $2,000 fine. A second conviction could bring up to a year in jail and $4,000 in fines. A third DWI conviction could bring up to ten years in prison and $10,000 in fines. Offenders are also subject to increased insurance premiums (possibly by as much as 300%) and the installation of a breathalyzer into the ignition of the vehicle, which tests the breath for alcohol before the vehicle is able to be operated. The first and second offenses are misdemeanors. The third and subsequent offenses are felonies.

If these penalties weren’t strict enough, as of September 1, 2003, Texas began tacking on surcharges to DWI penalties. The surcharge will be assessed as follows:
DWI-Breath/Blood Test Refused $1,000 per year for 3 years=$3,000
DWI-Breath/Blood Test < 0.16 $1,000 per year for 3 years=$3,000
DWI-Repeat Offender $1,500 per year for 3 years=$4,500
DWI-Breath/Blood Test Result > 0.16
$2,000 per year for 3 years=$6,000

Not only can you not drink and drive in Texas, you cannot even legally have an open OR empty alcohol container inside your vehicle at any time. A person commits a Class C misdemeanor if they possess an open container in a passenger area of a motor vehicle that is located on a Texas public highway, regardless of whether the vehicle is being operated, stopped or parked.
The law considers it a single offense if a person is found to possess one or more open containers at the time the ticket is given. All persons within the car-including driver and passengers-may be ticketed. The containers have to be in the glove compartment or the truck to be legal. The containers must contain some amount of alcohol for them to be illegal. A sip would count. Buses, limousines, taxis, motor homes, and trailer homes are exempt from the open container law. The penalty for breaking this law is a $500 fine.

Texas is among the national leaders when it comes to traffic deaths that involve alcohol. According to the National Highway Traffic Safety Administration, in 2004 in Texas, 1,642 motorists were killed in alcohol-related crashes-second to California by only a single death. Experts estimate that 70 Texans are injured or killed in alcohol-related crashes every day.

Don’t let it happen to you. If you drive, don’t drink. If you drink, don’t drive.