Texas DWI/DUI Laws

Being arrested for DUI/DWI is a very serious issue. Operating a vehicle with 0.08% and above blood alcohol intoxication is strongly prohibited in Texas. This is also the legal limit standard followed all over the United States. In addition to this law, a 0.04% limit is set by the state of Texas for commercial drivers, 0.02% for drivers that fall below the 21 years old age category. Driving is also prohibited for drivers who are under the influence of specific controlled substances, like inhalants, marijuana and cocaine. Listed below are offenses for DUI/DWI along with their corresponding penalties.

Texas DUI/DWI – First Offense

Conviction for Texas DUI/DWI first offense falls under Class B Misdemeanor. It involves the following penalties.

Jail Time. 72 hours jail sentence is imposed to first time DUI/DWI offenders. However, if there is an open container involved in the vehicle during the arrest, the offender could face 6 days jail sentence.

Fines. The first offense fine can amount to $2,000, with additional related court costs. On top of the penalty, a surcharge is imposed by Texas law for DUI/DWI offenders amounting to $1,000 and will be paid for three successive years. The surcharge could reach $2,000 if you happen to have a 0.16% or higher BAC level during the time of the arrest.

DUI/DWI School. A 12-hour mandatory attendance to a state-approved DUI/DWI school is required for first time offenders. The program must be completed within 180 days probation period. License could be revoked if the offender fails to comply.

Probation. Probation terms are subject to the court’s decision.

Community Service. A 24-hour mandatory community service is required for first time offenders and could reach a maximum of 100 hours depending on your case.

License Suspension. License would be suspended between 90 days to 12 months for first time offenders who will submit a chemical test. 180 days to 24 months license suspension will be applied to those who refuse to do so. However, first time offenders can be eligible to apply for an occupational license provided that they will be able to meet all the necessary requirements.

Financial responsibility proof is required by the Texas Police Department from you before the issuance of an occupational license or before reinstating your revoked license following the suspension period. This proof is the Texas SR22 insurance coverage that meets the minimum requirement of Texas for liability policy limits of auto insurance. The Texas Police Department will also require you to pay a fee for license reinstatement.

Texas DUI/DWI – Second Offense

Conviction for Texas DUI/DWI second offense falls under Class A Misdemeanor. It involves the following penalties

Jail Time. 72 hours up to 12 months jail sentence is imposed for second time DUI/DWI offenders.

Fines. The second offense fine can amount to $4,000, with additional related court costs. On top of the penalty, a surcharge is imposed by Texas law for DUI/DWI offenders amounting to $1,500 and will be paid for three successive years. The surcharge is $2,000 if you happen to have a 0.16% or higher BAC level during the time of the arrest which you are required to pay for three successive years.

DUI/DWI School. A 32-hour mandatory attendance to a state-approved DUI/DWI school is required for second time offenders. The program must be completed within 180 days probation period. License could be revoked if the offender fails to comply.

Probation. Probation terms are subject to the court’s decision.

Community Service. 80 hours mandatory community service is required for second time offenders and could reach a maximum of 200 hours depending on your case.

License Suspension. License would be suspended between 180 days to 24 months for second time offenders. However, you are eligible to apply for an occupational license provided that you will be able to meet all the necessary requirements.

Texas DUI/DWI – Third Offense

Conviction for Texas DUI/DWI third offense falls under Third Degree Felony. It involves the following penalties

Jail Time. 2-3 years jail sentence will result for a third offense DUI/DWI conviction.

Fines. The third offense fine can amount to $10,000, with additional related court costs. On top of the penalty, a surcharge is imposed by Texas law for DUI/DWI offenders amounting to $1,500 and will be paid for three successive years. The surcharge is $2,000 if you happen to have a 0.16% or higher BAC level during the time of the arrest which you are required to pay for three successive years.

DUI/DWI School. A 32-hour mandatory attendance to a state-approved DUI/DWI school is required for third time offenders. The program must be completed within 180 days probation period. License could be revoked if the offender fails to comply.

Probation. Probation terms are subject to the court’s decision.

Community Service. 80 hours mandatory community service is required for third time offenders and could reach a maximum of 200 hours.

License Suspension. License would be suspended for three years for third time offenders. However, you are eligible to apply for an occupational license provided that you will be able to meet all the necessary requirements.