The Facts About DWI in Texas
September 16, 2019
Texas DWI Facts
In Texas, a person is legally intoxicated and may be arrested and charged with DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.
DWI with a Child Passenger
You can be charged with child endangerment for driving while intoxicated if you’re carrying passengers younger than 15 years old. DWI with a child passenger is punishable by:
• a fine of up to $10,000,
• up to two years in a state jail, and
• loss of your driver license for 180 days.
What Happens if You’re Stopped ?
If you’re stopped, be ready to show your driver license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver license will be automatically suspended for 180 days.
Punishment for DWI varies depending on the number of convictions:
First Offense
- A fine of up to $2,000
- Three days to 180 days in jail
- Loss of driver license up to a year
- Annual fee of $1,000 or $2,000 for three years to retain driver license
Second Offense*
- A fine of up to $4,000
- One month to a year in jail
- Loss of driver license up to two years
- Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license
Third Offense*
- A $10,000 fine
- Two to 10 years in prison
- Loss of driver license up to two years
- Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license
*After two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you’ve been drinking.
No Refusal Initiative 4th of July 2022
The upcoming Labor Day weekend is traditionally very big out on the area lakes as we mark the unofficial end of summer. The Austin Police Department will be bolstering its patrols on the lookout for drunk drivers starting Friday as part of its Labor Day DWI initiative.
Have you been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Texas? Do you know the difference? Texas distinguishes between the charges of DUI and DWI, and as a result, the defense strategies are different for each.