Texas Penal Code Section 49.01 defines a person as being intoxicated when they do “not [have] the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”
The state of Texas considers individuals as intoxicated when they have a blood alcohol concentration (BAC) over 0.08. If caught behind the wheel
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- An individual with a BAC at .08 or higher can be arrested and charged with Driving While Intoxicated (DWI).
- Individuals under the age of 21 cannot have any trace of alcohol in their blood.
- Drivers of commercial vehicles cannot have a BAC higher than .04.
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The Texas Department of Transportation (TxDOT) states that violators caught drinking and driving can face a variety of punishments depending on the number of convictions they have. It is important to note again that the severity of the penalties below is determined by how many prior convictions of driving while intoxicated the negligent party has on their record.
DWI Penalties in the State of Texas
Individuals who are caught in the act of operating a vehicle while intoxicated may be subject to a number of penalties, including:
- 1st Offense
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- 3-180 days in jail
- $2,000 maximum fine
- 1-year maximum license suspension
- 2nd Offense
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- 1 month to a year in jail
- $4,000 maximum fine
- 2-year maximum license suspension
- 3rd Offense
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- 2-10 years in jail
- $10,000 maximum fine
- 2-year maximum license suspension
Drivers who are charged with a second or third offense are subject to having a special ignition switch placed in their vehicle to prevent another incident.
As per the “No-Drop” law in Texas, no person under the age of 21 should have a trace of detectable alcohol in their blood when operating a vehicle. Under this zero-tolerance policy, anyone under the age limit who has even the slightest detection of alcohol in their bloodstream is susceptible to fines, license suspension, and possible jail time upon refusal of a BAC test.
Additionally, the Implied Consent Law states that every driver is subject to BAC-level testing if a police officer has reasonable suspicion that they are under the influence of alcohol. Those who refuse a BAC test are suspected to confirm their intoxication and will thus face a license suspension of 180 days or more.
In short, if you’ve been drinking, it’s best not to be caught behind the wheel. It’s really not worth the consequences, especially if there is an accident where you or others are hurt or killed.
If you or a loved is the victim of a drunk driving accident in McAllen, please contact the Ryan Solis Law Group at (956) 686-9600.
