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The Basics of Texas DWI


Driving a vehicle while intoxicated – commonly referred to as DWI – is considered a serious offense in Texas. Texas DWI laws are among the harshest and most restrictive in the entire country and a conviction can have serious legal and social consequences.

Given below are the key provisions of Texas DWI laws you should be aware of.

What is Considered DWI Under Texas Law?

Under Texas law, you can be considered ‘legally intoxicated’ and fit to be charged with a DWI under the following circumstances.

·        You have a BAC of 0.08% or more while driving, or

·        You lost the normal use of your mental or physical faculties from alcohol or drugs (including legally prescribed medicatons)

In other words, you can be charged with DWI in Texas even if your BAC is well within the legal limit – if your physical and mental faculties are impaired as a result of the alcohol, drugs, or any other controlled substance in your body.

It is notable that the aforementioned provisions are only applicable to non-commercial drivers. If you are a commercial truck driver or a school bus driver, you can be considered ‘legally intoxicated’ if you have a BAC of 0.04% or more.

Texas DWI Penalties

First Offense

·        Fine (up to $2,000, or $4,000 if your Bac is .15 or higher)

·        Jail sentence (up to 1 year with in county jail)

·        Driver’s license suspension (minimum 90 days)

Second Offense

·        Fine (up to $4,000)

·        Jail sentence (anywhere from one month to a year)

·        Driver’s license suspension (up to two years)

Third Offense

·        Fine ($10,000)

·        Prison sentence (2 to 10 years)

·        Driver’s license suspension (up to two years)

DWI With Child Passenger

The penalties for committing a DWI offense while transporting one or more children (under the age of 15) in your vehicle include:

·        Fine (up to $10,000)

·        Jail sentence (up to two years)

·        Driver’s license suspension (180 days)

Texas DWI laws also state that any person who commits a DWI offense while having a child passenger in their vehicle can be charged with child endangerment. It’s a state jail felony which is punishable by fine (up to $10,000) and jail sentence (up to two years).

Apart from this, a DWI conviction in Texas might also require you to install an ignition interlock device in your vehicle for a period of time. Moreover, a DWI conviction will put you under the ‘high-risk driver’ category, as a result of which your auto insurance rates will increase significantly.

The Importance of Hiring an Experienced Texas DWI Defense Attorney

A DWI conviction in Texas can have long-lasting consequences. Due to this, it is important you hire a skilled DWI defense attorney who can protect your rights and fight hard to get the charges against you dropped, dismissed, or reduced to the highest extent possible.

Led by Tyler Flood – who is one of the most successful and influential DWI defense attorneys in Texas – Tyler Flood & Associates, Inc. has helped scores of Texans successfully fight their DWI charges over the years. Tyler Flood is recognized as an ACS-CHAL lawyer-scientist who has a deep understanding of the scientific principles and techniques related to DWI cases.

Call our firm today at 713.224.5529 for a free review of your DWI case or contact us online to schedule a free consultation with one of our Texas DWI attorneys.

Tyler Flood & Associates
By: Tyler Flood & Associates
Feb. 16 2022
Posted in DWI

Client Testimonials

  • 5 Stars
    "Tyler and his team are top notch—with years of experience under their belts they know what strategy will work to advocate for the best possible outcome. They are knowledgeable, professional, and courteous. Like a doctor, you never know you hire a bad attorney until it’s too late, and don’t take a gamble and retain someone else, especially when the clock starts running quickly, once you are arrested for a DWI. Run, don’t walk, to retain Flood and Associates!"
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  • 5 Stars
    "Tyler Flood did an excellent job in taking care of my situation when no other attorney could do so. He kept communication open by way of text messages and phone calls, I was inform in every step along the way and he represented me well in court. His assistant Andrea was very quick in responding to my emails, I felt comforted by their genuine concerns of my case. Highly recommended"
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  • 5 Stars
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  • 5 Stars
    "Great experience under terrible circumstances...when your future is at risk, the attorney you chose could decide your fate..Flood & associates took my case personal...I felt I was represented by family...highly recommend Tyler to everyone!"
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  • 5 Stars
    "I personally want everyone to know, this is the best law firm for dui issues! They are professional and responds all the time, communications between the office and myself was on par at all times and bottom line. MY CASE WAS DISMISSED!!!"
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  • 5 Stars
    "Tyler did a great job for me. I never felt like he wanted me to settle. In fact he would encourage me to hang in there and go to trial. In the end my DWI was dismissed the day of trial. I would definitely recommend them."
    - Robin
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