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Texas DWI Information

In Texas, anyone with a blood alcohol level of .08%, or greater, is considered to be DWI (driving while intoxicated).  First time offenders will be subject to up to 72 hours to 180 days in jail and a fine of up to $2,000.00.  In addition, offenders may also be required to perform 24 to 100 hours of community service.  In many instances, a first time offender will be placed on probation and will be able to avoid jail time.  As a condition of probation, the court may impose a minimum fine and the offender must agree to certain court ordered conditions, including completion of treatment, obeying all laws, no alcohol consumption, payment of fines and other surcharges, etc.

First time offenders can expect to receive a license suspension ranging from 90 days to one year. In order to avoid further suspension, offenders will be required to complete a DWI education class within six months of conviction.  Under the Texas Implied Consent Law, anyone operating a motor vehicle is giving his/her consent to be tested for alcohol or other substances.  Anyone refusing to submit to a test, therefore, will face an additional license suspension for 90 to 180 days.

In some cases, an occupational license may be issued if the court feels the driver is not a threat to the general public and providing there are no prior alcohol-related offenses on his/her driving record.  This type of temporary license will allow the offender to drive to and from work and certain places which, at the judge’s discretion, may include school, medical appointments and/or treatment programs.

Youthful offenders, who consist of anyone under the age of 21 with any measurable trace of alcohol in their system, will be subject to license suspension for up to 60 days, a fine of up to $500.00, court ordered community service and required enrollment in an alcohol education class.   Individuals who are involved in a DWI, which causes personal injury or death, may face felony charges and much harsher penalties.  The same is true of anyone operating a vehicle while intoxicated who is also transporting a passenger under 15 years of age.  This act will subject the offender to up to 10 years in jail and a fine of up to $10,000.00

Upon conviction or an admission of guilt, DWI offenders are commonly faced with problems relating to their insurance company.  Immediately being labeled as “high risk” drivers, offenders are often dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before.  In the event that the offender is forced to look for a new insurance provider, he/she may have a difficult time finding a new company who offers high risk policies but, if they do, the rates will likely be extremely high for the amount of coverage granted.





DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.