DWI/DUI: Texas Law Facts

What is a DWI?

Driving while intoxicated (DWI) is an alcohol and drug-related traffic offense that is a frequently prosecuted criminal offense with administrative penalties. Having alcohol, a drug, or a controlled substance in one’s body that causes the loss of normal use of mental or physical faculties is considered intoxication. Additionally, intoxication is met if the alcohol concentration in a person’s blood, breath, or urine is .08 percent or greater.

What is a DUI?

Driving Under the Influence (DUI) is classified as a class “C” misdemeanor. For a first offense, you can not receive jail time and a maximum file of $500.00. With this fine can be probation, as well as community service and alcohol awareness classes.

What are the consequences of REFUSING to take a breathalyzer or blood test?

  1. First Offense – 180 day license suspension
  2. Second Offense – 2 year license suspension
  3. Third Offense – 2 year license suspension

What are the MINIMUM jail times for a DWI/DUI?

  1. First Offense – 3 days
  2. Second Offense – 30 days
  3. Third Offense – 2 years

Be careful when taking a plea, prior DWI/DUI convictions stay on your record for good and can be counted against you for sentencing!