If you live in Texas, responsibly drinking alcohol before getting behind the wheel of a car and driving is not illegal. However, making that choice could possibly end with you getting stopped, arrested, and charged with DWI (i.e., driving while intoxicated). If you plan on drinking and driving, you should know what the legal alcohol limit is at the very least.
Measuring Intoxication Levels
To determine if you are legally intoxicated, law enforcement officers use breath and blood tests that have been developed to measure levels of alcohol. There is a baseline used under the law to determine intoxication for legal purposes. The legal blood alcohol concentration (BAC) in Texas is below 0.08 grams of alcohol per 100 milliliters of blood. Any result of a breath sample that comes back at or above 0.08 grams of alcohol per 210 liters of breath. This measurement is used because according to the National Traffic Highway Administration (NHTSA) when a person’s BAC is 0.08 or higher, his or her cognitive and motor functions needed while driving are significantly diminished. It is illegal for any person to operate a motor vehicle in a public place with this BAC, or if a person is intoxicated as defined under Texas law. (Note that even if your BAC is below the legal limit of .08, you could still be charged and convicted under Texas DWI laws due to the loss of the normal use of mental or physical faculties.)
| Intoxication Definition in Texas (2)(A) Not having 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; or (B) Having an alcohol concentration of 0.08 or more. |
DWI Penalties in Texas
If you are caught in Texas driving under the influence of alcohol (or drugs) to the point of intoxication, you should be prepared to be arrested and charged with a DWI offense. If your Texas DWI charge results in a conviction, you will face some of the harshest penalties in the United States. Penalties in Texas could include the following, among other lifetime consequences:
First Offense
- Up to a $2,000 fine
- Up to 180 days in jail with three-day mandatory minimum
- Driver’s License suspension up to one year
Second Offense
- Up to $4,000 fine
- One month (min.) or up to a year in jail
- Driver’s License suspension up to two years
Third Offense
- Up to a $10,000 fine
- 2 to 10 years in prison
- Driver’s License suspension up to two years
DWI w/ Child Passenger (under 15 years old)
- Up to a $10,000 fine
- Six months to two years in State jail prison
- Driver’s License suspension up to one year
Intoxication Assault
- Up to a $10,000 fine
- 2 to 10 years in prison
- Driver’s License suspension up to one year
Intoxication Manslaughter
- Up to a $10,000 fine
- 2 to 20 years in prison
- Driver’s License suspension up to one year
- READ ALSO: How Can I Get a DWI Dismissed?
You Need a DWI Lawyer
A DWI conviction in Texas can seriously impact your freedom and future, so it is important that you contact a criminal defense attorney experienced with handling DWI cases if you are facing charges for a DWI offense. Your attorney will evaluate your case and fight for you by challenging any charges that are not solid. He will negotiate on your behalf to reach the best outcome possible in your case.
Collin Evans of Collin Evans Law is a Houston DWI attorney with over a decade of experience and success handling DWI cases. He is the lawyer to call when it comes to fighting for your rights. If you have been charged with DWI in the greater Houston, Texas area, contact Collin Evans Law online or by phone at (713) 225-0650 for a free consultation about how to fight the charges against you.