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Definition of
Texas DWI
Alcohol and drug-related traffic offenses, commonly
known as driving while intoxicated (DWI), are frequently
prosecuted criminal offenses, and also carry with them
administrative penalties. If the alcohol concentration
in a person's blood, breath, or urine is .08 percent or
greater, the person is considered intoxicated by law.
Under some circumstances, the legal definition of
intoxication is met even if a person's alcohol
concentration is lower than .08 percent. Having alcohol,
a drug, or a controlled substance in one's body that
causes loss of normal use of mental or physical
faculties also is considered intoxication. If the person
is operating a vehicle, vessel, or even water skis in a
public place, he or she is considered to be driving
while intoxicated, which is a Class B misdemeanor.
Boating or operating an aircraft while intoxicated also
are crimes.
The minimum amount of jail time for driving while
intoxicated is 72 hours, unless there is an open
container of alcohol in the person's possession, in
which case the jail time is at least six days. Consuming
any amount of alcohol while operating a motor vehicle
also is an offense.
In addition to jail time, a person who is convicted of
DWI the first time will have his or her driver's license
suspended for 90 days to one year. Even if there is no
conviction, the positive results of a blood, breath, or
urine test will result in automatic suspension of the
person's driver's license. The person also may be
required to complete an educational program for people
who have operated motor vehicles while intoxicated. A
person who fails to complete such a program when
sentenced to do so may lose his or her license. A
subsequent DWI conviction will result in driver's
license suspension for another 18 months. In order to
get the license back after the suspension period is
over, the person must pay $100.
Refusing to submit to a blood, breath, or urine test in
Texas also carries severe penalties. If an officer has
reason to believe that a person is driving while
intoxicated, and the driver refuses to submit to a test,
the person's driver's license will be automatically
suspended for a minimum of 90 days if the person is 21
years of age or older, and for at least one year if the
person is under 21. The period of license suspension
increases with every subsequent test that shows an
alcohol concentration, and with each time a person
refuses to submit to alcohol testing. For example, if a
person refuses to be tested for intoxication and there
has been an alcohol- or drug-related conviction or
license suspension within the previous five years, the
person will lose his or her license automatically for
one year. Under any circumstances, however, the person
is entitled to a hearing.
Definition of
Texas DUI
A Driving Under the Influence (DUI) is classified as
a class "C" misdemeanor. This means that you can not
receive jail time and a maximum fine of $500.00. (for a
first offense, for subsequent offenses you can receive
significant jail time). However, along with this fine
can be probation, along with community service and
alcohol awareness classes. Likewise, the Texas
Department of Public Safety will issue a notice of
suspension and try to suspend the minors drivers license
in the majority of these cases. This license suspension
is the same administrative license revocation (ALR)
process that is used in adult cases.
In summary, a person under 21 is not allowed to drink
any alcohol and then drive a car. If an officer
testifies that he/she smelled an alcoholic beverage on a
minors breath during a traffic stop then the minor will
be cited for DUI. Again, this is true even if the
officer feels the minor is both below the .08 legal
limit and has not lost the normal use of his/her mental
facilities, but has consumed "some or any" alcohol. If a
minor's case is mishandled it can have terrible
long-term effects on the minors criminal record and
lengthy drivers license suspensions. It is therefore
very important that these cases are taken seriously.
Texas DWI
WHAT HAPPENS IF I REFUSE TO PROVIDE A
SAMPLE OF BREATH OR BLOOD?
If you refuse to provide a breath/blood
sample, your refusal may be used as evidence against you
at trial and your driver's license may be suspended for
180 days if this is your first offense, or 2 years if
you have previously been convicted.
SHOULD I REFUSE TO TAKE A BREATH OR
BLOOD TEST?
Yes. Even if you pass the test you will
go to jail. Remember, even if your consumption of
alcohol has not resulted in the loss of the normal use
of your faculties, a test result in excess of the legal
limit is sufficient to convict you. Submitting to the
test, gives the prosecutor one more way to claim that
you were intoxicated.. Instead, the State will say that
because the test was taken some time after the time of
driving your alcohol concentration at the time of
driving was higher than at the time of the test and that
you have simply had time to sober up.
When confronted with a request for a breath/blood/urine
sample, you should ask the officer to allow you to
contact an attorney for advice in making your decision.
The officer will probably tell you that you do not have
the right to speak with an attorney at this point, but
the average juror may view your request as reasonable.
Moreover this saves you form having to flatly refuse the
officer's request.
CAN I REFUSE TO PERFORM THE ROADSIDE
FIELD SOBRIETY TESTS?
Yes. The officer can not force you to
perform the field sobriety tests.
IS IT AGAINST THE LAW TO DRINK AND
DRIVE?
While it is a crime to drive while
intoxicated or to drink alcohol while driving, it is not
against the law to drive after having a few drinks so
longs as the consumption of alcohol does not cause
intoxication. However, if you are stopped for any reason
and the officer detects the driving while intoxicated.
THIS IS MY FIRST OFFENSE, WILL I GO TO
JAIL?
Absent unusual circumstances the answer
is "no". Most people convicted of a first DWI receive
community supervision (probation), are required to pay a
fine, perform community service, submit to alcohol
counseling, report to a probation officer and abide by
additional terms of community supervision. So long as
you successfully complete the community supervision, you
will not be required to spend any time in jail with the
exception of the time served immediately following your
arrest.
IS DEFERRED ADJUDICATION AVAILABLE IN
A DWI CASE?
If you are convicted or plead guilty to a
DWI, you are not eligible for deferred adjudication.
However, if the DWI is reduced to a non-DWI offense such
as reckless driving, deferred adjudication may be an
option.
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