What are the penalties for a DUI in Texas?
| 1st Offense | 2nd Offense | 3rd Offense | |
|---|---|---|---|
| Minimum Jail | 3 to 180 days | 30 days to 1 year | 2 years |
| Fines and Penalties | Up to $2,000 (unless a child under 15 is in car) | Up to $4,000 (unless a child under 15 is in car) | Up to $10,000 |
| License Suspension | 90 to 365 days | 180 days to 2 years | 180 days to 2 years |
| IID* Required | No | Yes | Yes |
Note: Keep in mind that Texas has no “lookback” period — the time during which a previous charge may be counted in your total number of DUIs. That is, even if your first DUI was 25 years ago, it will still count as a prior offense.
*Interlock Ignition Device
How much do you have to drink (BAC*) for a DUI in Texas?
| Under 21 | .02 |
| 21 or older | .08 |
| Commercial | .04 |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
You may want to try our BAC Calculator, however I wouldn’t let any results encourage you to drink and drive.
What if you refuse to take a chemical test in Texas?
Texas has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. To learn more, see Texas’s implied consent law.
| 1st Offense | 2d offense | 3rd Offense | |
|---|---|---|---|
| Refusal to take test | 180 day license suspension | 2 year license suspension | 2 year license suspension |
Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
Can you plead to a lesser offense than DUI in Texas?
In Texas, it’s possible for someone who’s accused of driving under the influence to plea bargain for a lesser charge. When such a plea bargain is for a reckless driving charge, it’s sometimes called a “wet reckless.”
What is an SR-22?
An SR-22 is a form that your insurance company files that proves you meet certain coverage requirements. SR-22 are often required for driving who have been convicted of DUIs, serious traffic offense, or multiple traffic violations within a certain period of time.
(Learn more about SR 22 requirements in Texas.)
Texas’s Drunk Driving Laws
Texas law prohibits operating a vehicle while:
- having a blood alcohol concentration (BAC) of .08% or more, or
- actually impaired by alcohol or drugs.
And for underage drivers (those under 21 years old), it’s illegal to drive with a BAC of .02% or more.
How Many Drinks Does It Take to Reach the Legal Limit?
Everyone metabolizes alcohol at different rates, and there are a number of variables that affect BAC. So, the number of drinks it takes to put a person over the legal limit depends on individual characteristics and the circumstances. If you’ve been drinking, it’s always best to let someone else drive.
(For an estimate of what your BAC might be after having a certain number of drinks, check out our BAC chart.)
Information provided from http://dui.drivinglaws.org/texas.php
If you’re currently facing a DWI offense we’re here to help you!
Ross Law Offices, P.C. is unique in that we believe in communicating openly and honestly with every client who retains our services. One of the biggest complaints against lawyers in Texas is the inability to get in touch with them. After representation is retained, each and every client of Mr. Ross’s is given his personal cell phone number, and may contact him at any time should the need arise. We believe in going above and beyond the standards expected by our clients, and we strive to create a comfortable relationship that will foster positive results.
Everyone faces legal issues at some point in their lives. It’s just a fact. While the circumstances of each case can be dramatically different, our approach remains the same. We treat every client, large or small, with the dedication and respect that we would expect if the tables were turned. It is this commitment and professionalism that provide our clients with an extraordinary advocate and unrivaled representation. The Ross Law Offices proudly serves clients in need of criminal defense in but not limited to Denton, Flower Mound, Lewisville, Fort Worth, Tarrant County, Denton County and Dallas County.