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Texas Drunk Driving

It seems almost fitting that our second biggest state is also home to some of the biggest DWI penalties. But don’t let a recent DWI charge ruin your life. With the help of an experienced DWI lawyer right in the Lone Star state, you could be well on your way to winning your DWI case. We’ve compiled some helpful information relevant to Texas DWI laws and penalties.

Two Separate Cases
A DWI charge in Texas sparks two different cases. You’re probably already aware of the first case: criminal. While in court, the judge may sentence you to 3 days up to 180 days in jail for a first-time offense. Your fine will be $2000 and you’ll have to pay an annual fee of $1000 to $2000 for three years to have your license reinstated. In place of jail time, you may be put on probation for up to 1 year. If the judge orders an ignition interlock system installed in your car, you will have to pay for this. It prevents you from starting your car with alcohol on your breath. The second case is an administrative license revocation case. The state of Texas is seeking to take away your license. You will receive a notice of suspension form. From that day, you only have 15 days to request a hearing in writing. If you don’t request the hearing, you will automatically lose your license. If you failed your chemical test, plan on not driving for 90 days. If you refused the chemical test, your license will be suspended for 180 days.

Texas BAC Level
Texas police will ask you to submit to a chemical test if they suspect you have been drinking and driving. What are they trying to determine? Your BAC or blood alcohol content. In Texas, it is illegal to have a BAC of .08% or more while driving. The three chemical tests are blood, breath or urine.

Field Sobriety Tests
In order to “back up” the claim that you have been drinking and driving, police may ask you to perform a field sobriety test. Most police use the HGN (horizontal gaze nystagmus), the One Leg Stand and the Walk and Turn. From involuntary eye jerking to loss of balance, these tests help police determine if you’ve consumed alcohol. Such symptoms are often related to drinking alcohol.

What is Zero Tolerance?
This law applies to drivers under age 21. If they have any BAC, they are DWI and will face a 60-day license suspension, up to a $500 fine, 20-40 hours of community service and an alcohol education class.


 

 


 


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