Texas DUI Law & Lawyers: DUI-Web

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In Texas, DWI/DUI may be classified as either a misdemeanor or a felony, dependent upon the circumstances of the case and any prior convictions/offenses of the accused.

For a first DWI offense, the courts will classify it as a misdemeanor. The Texas statute states that “a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”

It should be noted that in Texas, jury trials are available to those charged with a DWI. In order to prove a DWI, the prosecutor must prove beyond a reasonable doubt that: (1) the defendant was operating a motor vehicle, (2)in a public place, and (3) while intoxicated.

There are two definitions of the term “intoxication” in Texas. The first, is defined by not having the normal use of mental or physical faculties for the reason of consumption 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. The second is having a blood alcohol concentration (BAC) of 0.08% or more. The second theory, of having a BAC of .08% or higher, does not require evidence of actual impairment and is based solely on body chemistry.

Texas DWI and the Administrative License Suspension

A DWI arrest results in a criminal charge (discussed above), but it also begins a civil proceeding against the offender’s driving privileges. This is called an administrative license revocation. Such a revocation is initiated against an arrested driver when he either refuses to submit to breath or blood test or the test results are above the legal limit.

This revocation is a result of the Texas implied consent statute. This law states that each person who operates a motor vehicle on Texas roadways has consented to provide a specimen of breath or blood if arrested for DWI and is provided with the applicable consequences of refusing to submit to such testing.

It should be noted that in all intoxication related offenses, Texas case law provides that an individual does not have the right to consult with an attorney before making the decision to refuse or provide a requested specimen.

Person’s arrested for a DWI in Texas should know that an administrative license revocation is automatic unless you request a hearing to challenge the suspension, in writing, within 15 days after receipt of the notice of suspension from the arresting agency. Failure to timely request a hearing will result in an automatic suspension on the 41st day after the notice was received.

Criminal Consequences

As mentioned above, a first DWI offense is classified as a misdemeanor. A fine of up to $2,000 may be imposed as well as confinement in the county jail for a term of between 72 hours to 6 months. In addition, if there was an open alcohol container in your car when arrested, there is a minimum confinement period of 6 days in the county jail. Finally, the offender will be ordered to serve between 24 hours to 100 hours of community service.

Generally, a first offense will result in probation, with the length of probation being around 2 years. In addition, there are conditions of community supervision ordered that are fairly standard in most courts. The typical conditions imposed by the court are a drug/alcohol evaluation, alcohol education, and attendance at a MADD Victim Impact Panel. If the circumstances of your case present unusual facts, the court may also order an ignition interlock device.

Enhanced penalties are also possible for offenders with prior DWI convictions if the prior offense occurred within 10 years of the present offense.

A second offense is classified as a Class A misdemeanor. It is important to note that if arrested and accused of a second DWI or greater, the court is required to order, as a condition of release from jail on bond, that the person install and maintain an ignition interlock device on the car that the offender will be driving. Additional punishment can also include a fine, jail time, community service, and possibly other terms, depending upon the facts of the case.

Third and any subsequent offenses are classified as felonies. Punishment can include up to ten years in prison along with other consequences.