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DWI & Out-of-State DWI Laws in Texas to Know This Super Bowl Sunday


Super Bowl LI is set for Sunday, February 5th right here at the NRG Stadium in Houston, pitting the Patriots against the Falcons. If you’re an avid football fan that needs to see the game up-close, you have probably already planned your trip to Texas to sit in the stadium and revel in the glory that is the biggest sports event of the year. Even if you weren’t lucky enough to snag some Super Bowl LI tickets, you’re probably coming out to watch the game with friends and knock back some drinks at a tailgate party.

What you and all footballers must remember is to drink and drive responsibly after the big game comes to a close. Texas has some comparatively strict driving while intoxicated (DWI) laws and, if you are not careful, you might find yourself in handcuffs and dealing with an out-of-state DWI charge.

What is Intoxicated Driving in Texas?

For any driver in Texas that is 21 years old or older, it is illegal to drive with a blood alcohol concentration (BAC) level of 0.08% or greater.
If you possess a commercial or certain specialized licenses, the BAC level limit is reduced to only 0.04%. For anyone under 21 years old, any BAC level that registers higher than 0.00% constitutes a DWI.

In addition to these BAC limits, the law in Texas also allows police to use some amount of discretion when making a DWI arrest. If the argument can be made that you are a danger on the roadways due to intoxication, even if you have not reached your legal limit, you could possibly be arrested for and charged with a DWI.

First-offense penalties for most DWI convictions include:

  • $2,000 fine
  • 3 to 180 days in jail
  • 2-year license suspension
  • Addition $6,000 in fines over 3 years
  • Mandatory DWI education program
  • Ignition interlock device installation

Out-of-State DWI Cases in Texas

If you are visiting Texas for the Super Bowl and get a DWI, it will create a complex out-of-state DWI case. The charges will be reflective of Texas’s DWI laws only if those are reasonably comparable to the DWI laws within your home state; this is the result of a multistate regulation agreement known as the Driver’s License Compact (DLC). Depending on where you call home, you could be up against slightly harsher or slightly more lenient DWI charges in Texas. If there are provisions in Texas DWI law that do not have comparisons to the DWI laws your home state, the case against you might need to drop those portions of your charges.

Additional complications can arise when you look for legal assistance to help protect you from the charges. You will need to find a DWI lawyer that is familiar with both Texas State laws and those applicable from your home state.

Houston DWI Attorney Tyler Flood has the experience, knowledge, and know-how needed to stand up for your rights and driving privilege after you have been arrested for a DWI following a Super Bowl LI party. With more than 15 years of legal practice under his belt and a Texas Board Certification in Criminal Law, you know you can trust him with your intricate out-of-state DWI case.
Contact our law firm today to learn more about our services and what you need to do to next.

Tyler Flood
By: Tyler Flood
Jan. 31 2017
Posted in DWI

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