Texas Driving While Intoxicated Law
In common with many other States, a DWI arrest in Texas will lead to two cases being brought against the defendant, a criminal case and a Department of Public Safety case. If you have been arrested for DWI in Texas, you have only 15 days in order to apply for a hearing at the Department of Public Safety in order to retain your driver's license. It is therefore essential that you contact a Texas DWI lawyer as soon as possible.
Charges for DWI in Texas can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08%, with enhancements for those registering a BAC of 0.15% or higher, or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DWI lawyer will be able to handle each of these situations.
If you refuse to submit a breath or blood test it is admissible into evidence in a court trial.
| Conviction | Punishment |
| First | Fine of up to $2000, possible community service, 90 suspension of license. |
| Second within 10 years | 1 year license suspension, fine of no more than $4000, 30 days minimum in jail, |
| Third within 10 years | 1 year suspension of license, jail term of no less than 2 years, maximum fine of $10000, possible forfeiture of vehicle. |
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