DUI/DWI Laws in Dallas, Texas
DWI arrests in Texas are a very serious matter. Penalties are severe and can cost time, money, privileges and freedom. A DWI/DUI conviction can have demoralizing consequences. It remains on your criminal record, making it really hard to get employment, get approved for a loan, or even rent an apartment. Driver’s license may also be suspended and insurance rates increase.
According to the Texas Penal Code, DWI offense is blood-alcohol content (BAC) is 0.08 or higher or not having the normal use of one’s mental or physical faculties due to the introduction of some substance such as alcohol or a drug. However, if a police officer believes that an individual is driving drunk or that driving is impaired, he or she can still be stopped and arrested for DWI, regardless of BAC. For each subsequent DWI offense, the penalties get increasingly severe.
In some other states, DWI is called DUI, but in Texas DUI is a separate crime that applies to minors. In Texas, DWI and DUI are two separate criminal charges. DWI, or Driving While Intoxicated, is the most frequent charge for drunk driving and DUI, and Driving Under the Influence of Alcohol by a Minor, is a separate criminal charge.
The state can prove intoxication through two methods; a breath/blood test or by generally observing a person’s behavior. Should an individual give a breath or blood test and the result is 0.08 or greater, Texas law states they are intoxicated. However, even though an individual doesn’t submit to a breath/blood test, they can be found to be intoxicated if they appear to have lost their normal faculties due to drinking or taking drugs (over the counter, illegal, and/or prescription).
A first-time DWI is a class-B misdemeanor with a punishment of up to 6 months in county jail and up to a $2,000.00 fine. A second-time DWI is a class-A misdemeanor with up to 1 year in county jail and up to a $4,000.00 fine. Three or more DWI’s is a felony with prison time and up to a $10,000.00 fine.
An individual commits a DUI if he or she is a minor and operates a motor vehicle in a public place while having any measurable amount of alcohol in their system. In a DUI, the state only has to prove any measurable amount of alcohol by breath/blood test or by generally observing the person’s behavior. A first-time DUI is a class-C misdemeanor carrying a punishment of up to a $500.00 fine. After two DUI convictions, a third DUI becomes a class-B misdemeanor carrying a punishment of up to 6 months in county jail and up to a $2,000.00 fine.
