Driving with a BAC level of 0.08 or above is a serious criminal offence and it attracts severe Texas drunk driving penalties. For commercial drivers, the BAC limit is only 0.04, and for under-21 drivers, it is 0.02 only. Following is a brief rundown on how the penalties are awarded on each conviction. However, it is just a general review. It would be better to consult with an experienced dui defense lawyer to get more detailed information on what you should expect in your specific case.
First Dui Conviction In Texas
The following Texas drunk driving penalties apply for the first time conviction in a dui case in this state.
- If the blood alcohol concentration is 0.16 or more, you will have to pay $2000 every year for the next three years as dwi surcharge
- If the level of blood alcohol concentration is less than 0.16, the amount of dwi surcharge is $1000 per annum for the next three years.
- If you were driving under the influence of alcohol or while impaired with an under-15 child in the vehicle, you can be charged a monetary fine of up to $10000. In general, the maximum fine that is awarded for the first time conviction is $2000
- License can be suspended for a period of at least six months and up to twenty-four months.
- If child under-15 in vehicle, the jail imprisonment period can be up to two years; minimum six months of jail term is mandatory
- In general, the court may send you to jail for a period of at least seventy-two hours and for up to six months.
Second Dui Conviction In Texas
The level of Texas drunk driving penalties increases if someone gets convicted for a second time.
- Driving license is suspended for a period of six months to two years. Ignition interlock device will be required for license reinstatement.
- If BAC is 0.16 or above, you will be charged $2000 per annum as dwi surcharge for three years. In general, the amount of dwi surcharge is $1500.
- If an under-15 child in the vehicle, the monetary fine can be up to $10000
- Up to $4000 of monetary fine in general
- If child under-15 in vehicle, six months to two years of jail term
- In general, the jail imprisonment period can be as short as thirty days and as long as twelve months.
Third Dui Conviction In Texas
A third and subsequent conviction results in the most severe Texas drunk driving penalties.
- Your driving license will again be suspended for a period of six months to two years. You will have to get an ignition interlock device installed in your vehicle for license reinstatement.
- Up to $10000 as monetary fine.
- Two to ten years in jail
Refusal to take the chemical test in this state attracts lesser penalties as compared to what happens in the majority of other states. When you refuse to take the test, your license is confiscated (not suspended) and you are instead issued a temporary restricted license, which followed by a court hearing, where additional drunk driving penalties are awarded when you are found guilty. This is why it’s crucial to contact a dui lawyer to avoid mistakes that could negatively affect your case.