If you are arrested for drinking and driving in Texas, the most common charge is DWI. Anyone 21 years and older arrested with a blood alcohol concentration (BAC) above 0.08 will face a criminal charge of Driving While Intoxicated (DWI).
DWI in Texas
The penalties for DWI vary depending on several factors including the level of intoxication and whether you've been convicted of DWI in the past. First time DWI offenders may face up to 180 days in jail, a $2,000 fine, license suspension for up to one year and a $3,000 license reinstatement fee.
Penalties for repeat DWI offenders increase with the number of DWI convictions. A second offense may result in a $4,000 fine while a third offense may result in up to a $10,000 fine. Time that may be spent in jail or prison following a repeat DWI offense also increases with the number of convictions, from up to one year in the county jail for a second offense to up to 10 years in prison for a third offense.
DWI is most commonly associated with alcohol, but intoxication resulting from drug use, whether illegal or prescription, can result in a DWI charge. Something as simple as taking cold medicine before you run to store could end with your receiving a ticket for a DWI.
Driving while intoxicated is prohibited in many types of vehicles, including, cars, trucks, boats, planes and amusement park rides.
DUI in Texas
Texas also has a charge for Driving Under the Influence (DUI), which applies to minors-those under 21 years of age. Texas maintains a zero-tolerance policy for underage drinking, meaning a minor who has consumed any alcohol is subject to an automatic license suspension.
Because of the zero tolerance, if an officer detects alcohol, even the slightest trace, the minor can be charged with DUI. If the minor is tested and has a BAC above 0.08, he or she could instead be charged with a DWI.
Penalties for a DUI can include up to a $500 fine and 90-day suspension of a driver's license.
Both DWI and DUI Affect Your Criminal Record
Regardless of what type of drunk-driving offense you've been charged with, if you are convicted, either will go on your criminal record. Drunk-driving offenses can affect future job prospects and funding for college or continued education.
Being charged is not the same as being convicted. Fighting a driving while intoxicated or driving under the influence charge may result in a lesser charge or even dismissal. An experienced Texas DWI attorney can help you understand your rights and protect your future if you've been charged with a drunk-driving related offense.
