Texas DUI Laws

If you are stopped in Texas, then the officer will ask you for a breath or blood test, so that they can ascertain the level of alcohol in your system. The threshold for intoxication is 0.8 BAC (blood alcohol concentration), but you can be pulled up irrespective of your BAC levels if you are deemed to not be in full command of the vehicle. Any trace of alcohol within a person under 21 years of age will be seen as an illegal act. If you refuse a sobriety test then an automatic driving suspension will be activated for the duration of 180 days.

There is a sliding scale of punishment in DUI laws for Texas. For repeat offenders, the consequences will get progressively harsher.

If you are stopped in Texas, then the officer will ask you for a breath or blood test, so that they can ascertain the level of alcohol in your system. The threshold for intoxication is 0.8 BAC (blood alcohol concentration), but you can be pulled up irrespective of your BAC levels if you are deemed to not be in full command of the vehicle. Any trace of alcohol within a person under 21 years of age will be seen as an illegal act. If you refuse a sobriety test then an automatic driving suspension will be activated for the duration of 180 days.

There is a sliding scale of punishment in DUI laws for Texas. For repeat offenders, the consequences will get progressively harsher.

First Offence: Class B Misdemeanour

This will incur a fine of up to $2,000 and can come with a period of jail time, anywhere between 3 to 180 days. A suspension of the driving licence can be in place from between 90 days and 1 year.

First time offenders may need to attend a DUI Education school, and other offenders can also participate in order to avoid licence suspension. Active Community Service can also be applied at the Judge’s discretion.

Second Offence: Class A Misdemeanour

The fine limit is double up to $4,000 and the minimum period of jail time to be seen rises to 30 days, with a limit of one year. A suspension of the licence will be for a period of between 180 days and 2 years. Again, educational classes may need to be attended, and Community Service is a possibility.

Third Offence: 3rd Degree Felony

For a third time offender things start getting very serious. DUI laws for Texas class this as a 3rd degree felony, which can bring between 2 to 10 years of jail time. The fine rises even higher with a $10,000 limit.

Another considerations to be mindful is age.

DUI laws for Texas apply a zero-tolerance approach to under-age drinking and driving offences. Amounts of alcohol present do not apply, just the fact that there is some. The zero simply means no alcohol whatsoever.

Under 21 Offences: For underage DUI offenders, there will be a suspension of the licence for 30 days and a fine applicable of anywhere up to $500. Community service duties may need to be undertaken and DUI awareness classes must be attended. Jail time is also possible for underage DUI offenders if they repeat their crimes. Obtaining a second or third DUI penalty can land the offender behind bars for up to 180 days.

Following arrest, a court appearance will most likely be in order to determine your sentencing. Most offences are classed as misdemeanours, but any offence that has caused injury or fatality can be classed as a more serious felony.

DUI laws for Texas will also affect your driving insurance. Naturally any insurer will find out about any offences and will, more likely than not, increase premiums to cover their own risk. Worst case scenario could mean that a policy gets cancelled altogether.

So, before getting behind the wheel in Texas, it is worth remember that any driving impairment starts with just one drink. Know your limits and know the law, for it is in place to protect.