Texas DWI Penalties
Implied Consent Laws
Laws requiring drivers alleged of driving under the influence to compromise to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include mandatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Texas, any driver with a blood-alcohol absorption - or BAC - above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this corroboration is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Texas, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or above are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more rigorous punishment for those convicted of DUI with a particularly high blood-alcohol content at the instant of arrest; this is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Texas.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties forced on drivers with a blood-alcohol concentration above Texas’s maximum allowable level of .08 percent or drivers subject to the Texas implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Texas, for the opening DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The punishment of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a chance in some states, ordinarily for repeat offenders. This is not a penalty option in Texas.
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Ignition Interlock
An ignition interlock device attaches to the convicted DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a opportunity in some states, this is not an choice in Texas.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug addiction can be required for DUI offenders in Texas. These steps are often suggested instead of serving a sentence of incarceration or paying fines.
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