Texas DUI Glossary of Terms

Texas DUI Insurance Consequences

What Happens When You Get Stopped for Drunck Driving?

How Does a Drunk Driving Conviction Affect Your Record?

First Texas DWI Offense:

Texas Criminal Status: Class B Misdemeanor

Jail: Minimum 72 hours, or 6 days if open container is present.

Texas DWI Fines/Costs: Fine not to exceed $2,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16). Texas License Suspension: Yes, 1 year. Attending DWI Education class may avoid this. Occupational license may be granted based on need.

Violation of Zero Tolerance Law: N/A

Texas Conditional License: A conditional, or occupational license, may be issued based on "essential need" and usually only when the court orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241.

Vehicle Impound: None

Texas DWI School: First time offenders must complete a 12 hour DWI Education Program within 180 days of when probation was granted or risk having their license revoked.

Texas Probation: Terms of probation decided by judge or jury.

Texas Community Service: 24 hours required, but no more than 100 hours.

Second Texas DWI Offense Plus:

Texas Criminal Status: Class A Misdemeanor. A 3rd DUI is a 3rd degree felony.

Jail: 72 hours, not more than 1 year. A 3rd DUI can mean 2-10 years in the penitentiary.

Texas DWI Fines/Costs: Fines not to exceed $4,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16).

Texas License Suspension: Yes, 180 days to 2 years. Occupational license may be granted based upon need.

Vehicle Impound: None.

Texas DWI School: Repeat offenders must complete a 32 hour DWI Repeat Offender Program.

Texas Probation: Terms of probation decided by judge or jury.

Texas Community Service: Minimum 80 hours, but no more than 200 hours.

Other:

DWI and Driving with Minor: It is a felony to drive while intoxicated with a minor younger than 15 years of age in the vehicle.

Commercial Vehicle: Over .04 BAC level may suspend a commercial driver’s license for one year and up to 3 years if the driver was carrying hazardous materials.

Under Age: 21

Texas DWI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.

Texas Open Container Laws: Yes, driver and passenger. This is a Class C Misdemeanor.

How long does a DWI stay on your record? A DWI conviction in Texas stays on your driving record forever.

Driver Responsibility Tax: TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense, $1,500 per year for three years for a second DWI offense and $2,000 for a first or subsequent conviction if the person’s BAC level was double or more the legal limit (.16).

Ignition interlock device program: Required in order to be released from jail on bond. Required for all second-offenders during probation.

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