Texas Drunk Driving Laws
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Indeed, when it comes to law enforcement’s definition of DWI, BAC is the only thing that matters. Often referred to as blood-to-alcohol ratio, BAC refers to the percentage of alcohol found in a driver's bloodstream—a figure obtained through chemical testing methods such as breathalyzers and blood or urine tests. According to state law, a driver's ability to operate a vehicle is significantly affected once his or her BAC reaches a percentage of 0.08 or higher.
As a result of the state’s BAC limit, simply driving with an illegal BAC is enough to warrant an arrest for DWI. In other words, even if you show no signs of impairment, your actions constitute driving while impaired under state law.
If you are under 21 or operate a commercial vehicle (such as a bus, tow truck, or tractor trailer), you have even less room for error when it comes to the amount of alcohol you can have in your system. In Texas, an underage driver is deemed impaired once his or her BAC reaches 0.02%. Likewise, commercial vehicle operators can stage DWI charges for driving with a BAC of 0.04% or more.
One law that applies to every driver is the state’s “Implied Consent Law,” which makes it illegal for a person's refuse to perform a chemical test if he or she is suspected of driving while impaired. In fact, under this law, refusing the test will automatically lead to your arrest—and that means you will face the same penalties as any other driver who has been charged with DWI.
Although the penalties for a DWI conviction vary from one case to another, a first-time offender could face up to $2,000 in fines, a minimum 90-day license suspension, and up to a 180-day jail sentence. If you have a prior drunk driving conviction on your record, however, you can expect additional penalties to apply—including a larger fine, longer license suspension, and lengthier jail sentence. You can also expect a more severe sentence if you were carrying a passenger under 15 or had a BAC above 0.15% at the time of your arrest.
Despite the many penalties that follow a Texas DWI conviction, many drivers are able to challenge their arrest in court and avoid many or all of the consequences listed above. To improve your chances of doing the same, it is important to obtain legal representation immediately after you have been arrested for drunk driving.
For a free, no-obligation consultation with an experienced DUI defense attorney in your area, simply complete our online form today to start planning your defense.
