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What is the Law on Drinking and Driving?
According to the Texas Department of Transportation, a person is legally intoxicated when their blood alcohol content, or BAC, reaches 0.08% or affects their ability to operate the vehicle. Texas law considers any person under the age of 21 a minor, and in accordance with the Zero Tolerance Law, minors may not operate any vehicle after any consumption of alcohol.
State law differentiates a DUI, or Driving Under the Influence, charge for minors, and a DWI, Driving While Intoxicated, charge for adults, while other states use both terms interchangeably. For the sake of this article, we will be referencing only a DUI charge for an adult.
What is Associated with a First DUI Offense?
A first-time DUI offense in Texas is typically considered to be a Class B misdemeanor, although that may change depending on the circumstances of the case. The penalties associated with a first offense are as follows:
- A fine of up to $2,000
- Jail sentence of up to 180 days
- License suspension for up to two years
- Annual surcharge of up to $2,000 for three years to maintain a driver’s license
- DWI intervention or education program
- Possible installation of an ignition interlock device
What is Associated With a Second DUI Offense?
The penalties associated with a second DUI offense become significantly more severe. The offense is considered a Class A misdemeanor because of the apparent disregard for the law. There is no period in which a prior DUI offense will be overlooked. A court will look through a driver’s entire history, and if a previous DUI offense was committed at any time, then the subsequent charge will be considered a second offense. A second offense comes with the following penalties:
- A fine of up to $4,000
- Jail sentence of up to one year
- License suspension of up to two years
- Annual surcharge of up to $2,000 for three years to maintain a driver’s license
- DWI intervention or education program
- Possible installation of an ignition interlock device
What is Associated With a Third DUI Offense?
A third offense escalates the charge to a third-degree felony, reflecting the legal standpoint of offenders as a significant public threat to safety. If a driver has two prior DUI charges, regardless of how long ago they were obtained, then the subsequent charge will be considered a third offense. Penalties associated with a third DUI offense include:
- A fine of up to $10,000
- Prison sentence of up to 10 years
- License suspension of up to two years
- Annual surcharge of up to $2,000 for three years to maintain a driver’s license
- DWI intervention or education program
- Possible installation of an ignition interlock device
What is Associated With a Fourth and Subsequent DUI Offense?
When a driver refuses to comply with state laws, the punishments will continue to escalate. A fourth or subsequent charge is classified as a second-degree felony. The penalties are similar to those for a third offense; however, a judge may seek the maximum sentencing.
When Does a DUI Offense Become Enhanced? </h2.
While most DUI charges are considered misdemeanors, there are certain instances where the charge may be elevated or enhanced to a greater or even a felony charge. As previously discussed, third and subsequent DUI charges are automatically considered felony offenses. Other circumstances that may enhance a charge include:
- BAC of 0.15% or higher: A blood alcohol content at or above 0.15% will elevate a Class B misdemeanor to a Class A misdemeanor, even for first-time offenders.
- Intoxication assault: Intoxication assault results from an intoxicated driver accidentally imposing serious bodily harm on another person. This action will increase a misdemeanor charge to a third-degree felony and includes damage such as:
- Permanent disfigurement
- Protracted loss of function for any body part or organ
- Intoxication assault on a firefighter, EMT, peace officer, or judge: Assault while intoxicated that occurs towards any first responder or judge acting in an official capacity will elevate a charge as follows:
- Second-degree felony if the victim is a firefighter or EMS personnel
- First-degree felony if the victim is a peace officer or a judge
- Intoxication manslaughter: This occurs when an intoxicated driver accidentally causes the death of another individual and will enhance a misdemeanor charge to a second-degree felony.
- Intoxication manslaughter on a firefighter, EMT, peace officer, or judge: When an intoxicated driver accidentally kills a first responder who is acting within an official capacity, then the charge is enhanced to a first-degree felony.
- DUI with a child passenger: Driving intoxicated with a child under the age of 15 years old in the vehicle is considered a state jail felony.
What Additional Consequences Do Repeat DUI Offenders Face?
In addition to the statutory punishments, a permanent or felony conviction can have serious consequences, such as:
- Increased auto insurance premiums
- Significant legal fees and fines
- Difficulty finding or maintaining employment
- Difficulty securing college admission
- Difficulty procuring financial aid
- Ineligibility for or difficulty obtaining certain professional licenses
- Reduction in child custody or visitation rights
- Consequences for visas, permanent residency applications, or citizenship applications
- Inability to travel internationally to certain countries
- Inability to vote for a period of time
- Revocation of the right to own firearms
Do I Need an Attorney?
Multiple DWI convictions in Texas are a serious matter. If you or a loved one is facing multiple offenses, you must seek the help of a knowledgeable attorney who will fight for your future. Call Cory Roth Law Office today at 832-819-5290 or fill out a contact form today.