Texas DUI Laws, Limits, and Penalties
Texas DUI Laws, Limits, and Penalties
Texas Department of Motor Vehicles (DMV) will suspend your Texas driver’s license if you are caught driving under the influence (DUI) or while intoxicated (DWI) of drugs and alcohol. Your license can also be suspended if you refuse to take a chemical test. To determine if you are drunk, the DMV uses the blood and alcohol concentration (BAC) test. The result to determine drunk driving differ for an adult than for a minor. So, Texas DUI laws are a common reminder that drinking and driving are not permitted in Texas.
Texas BAC Test Administered
When you are pulled over by a police officer because of a DUI or DWI, the BAC test is administered. The result will determine if you are intoxicated or not. Here is Texas state limit for a BAC test:
- 21 years and older: 0.08%
- Younger than 21 years: any detectable amount
- Commercial drivers: 0.04%
If you are caught with a reading of the percentage indicated above, you are considered intoxicated. You will be arrested, fined, and have your license suspended. In some cases, your car gets impounded.
Texas DUI Laws – DUI Penalties for Minors
When a minor is caught driving with a low or high BAC percentage, the penalties are severe. Texas DUI laws have zero tolerance for driving with alcohol or any drugs in your system. The penalties will be swift. If the same offense is committed a second time, the penalties are longer and cost more. So, first-time offenders will face:
- A license suspension for one year
- Up to $500 fine
- Complete an Alcohol Education Program (AEP)
- 180 days added to the initial suspension if the if the AEP is not completed
- If given community service, your license is suspended for 90 days
- Get an ignition interlock device (IID) installed in your car
Other Alcohol Offenses
There are other offenses related to alcohol that may result in your license getting suspended. It may not necessarily mean you are driving; nevertheless, Texas DUI laws will still apply. So, if a minor is caught doing any of these, his or her license will get suspended:
- Purchasing or attempted to purchase alcohol
- Lying about their age to purchase alcohol
- Using a false ID
- Consuming alcohol
- Possessing alcohol
- Public intoxication
The penalties for each offense will vary after the first offense. Any will result in:
- 1st offense: 30-day suspension
- 2nd offense: 60-day suspension
- 3rd offense: 180-day suspension
Texas DUI Laws – DUI Penalties for Adults
The penalties for adults are more severe than for minors. The fines will be more and the suspensions longer. Regardless if it were for drugs or alcohol, the penalties would be the same. So, if you are an adult and is caught driving under the influence of drugs or alcohol, prepare to:
1st-time offenders
- Pay a fine up to $2,000
- Receive jail time from 3 days to 180 days
- License suspension for up to 2 years
- Annual surcharge up to $2,000 for 3 years to keep your license
- DWI intervention or education program
- Possible IID
2nd-time offenders
- Pay fine up to $4,000
- Receive jail time from 1 month to 1 year
- License suspension for up to 2 years
- Annual surcharge up to $2,000 for 3 years to keep your license
- DWI intervention or education program
- Possible IID
3rd-time offenders
- Pay fine up to $10,000
- Receive jail time from 2 years to 10 years
- License suspension for up to 2 years
- Annual surcharge up to $2,000 for 3 years to keep your license
- DWI intervention or education program
- Possible IID
DWI with a Child Passenger
If you are caught driving under the influence with a child younger than 15 years, you will face:
- Up to $10,000 fine
- Jail time up to 2 years
- License suspension for 180 days
Texas DUI Laws – Extreme DWI Crimes
In Texas, you can be charged with intoxicated assault or intoxication manslaughter when you injured or killed another person while driving drunk. Both a conviction, you will have a 2nd and 3rd-degree felony conviction on your record.
Intoxicated Assault
You will be charged for intoxicated assault if:
- You caused a significant risk of death
- Serious and permanent disfigurement or loss
- The damage that impairs the function of a body part or organ
Intoxicated Manslaughter
You will be charged intoxicated manslaughter if:
- If a person involved in the accident died while you were driving intoxicated
Refusing to Take the BAC Test
If you refuse to take the BAC test, you will:
Adult
- 1st offense: 180 days suspension
- 2nd offense: 2 years suspension
Minors
- 1st offense: 180 days suspension
- 2nd offense: 2 years suspension
Reinstate your Texas Driver’s License
You may be able to get your license back, but before you do, you must adhere to the court’s decision and rules. So, you must:
- Complete the suspension or revocation
- Pay all fees
- Complete jail time or community service
- Complete the DWI Education Program or Alcohol Education Program for Minors
- Pay the license reinstatement fees ($125)
