Arrested for drunk driving in Texas (TX) – Drunk Drivers (2024)

FAQs

What happens if you get arrested for DUI in Texas? ›

First offense

Up to a $2,000 fine. Up to 180 days in jail upon conviction with three mandatory days. Loss of driver license up to a year.

In Texas, if you're convicted of a DWI, you are facing up to 180 days in jail for a first offense if your BAC is under a . 15. If it is a second offense or your BAC is equal to or greater than a . 15 you are facing up to 365 days in jail.

Texas DWI First Offense Penalty

After your first DWI offense in Texas, you may be fined up to $2,000 and spend between three and 180 days in jail. Additionally, your license may be suspended for up to two years and there may be an annual surcharge of as much as $2,000 to keep your license for three years.

The charges and consequences for a DWI are the same for alcohol, controlled substances, drugs, or a combination of any of these. If convicted, you could lose your driver's license, face jail time and fines, and risk losing your professional certifications.

First offense DWIs are deemed to be Class “B” misdemeanors by the state of Texas. This means that if you are convicted, you will most likely be looking at a fine of up to $2,000, as well as up to 180 days in county jail.

Can a DWI Be Dismissed in Texas? Texas courts regularly dismiss DWI charges, especially for first-time offenders. Therefore, depending on the circ*mstances in your case, your charge could be dismissed entirely or reduced. For example, in some counties, the prosecutor may agree to reduce your charge to reckless driving.

Unless your record is sealed or expunged, a Texas DWI will stay on your record forever. A conviction could result in a lifetime of complications, especially if it's a felony DWI. If you have a DWI conviction on your record, you could find it difficult to keep a job or find appropriate housing.

For most first-time offenders, a DWI license suspension will last between 90 days and 1 year. There are exceptions, however. First, even if you are a first-time offender, your potential license suspension range is between 180 days and two years if you refused to submit to a blood or breath test.

Not everyone charged with DWI in Texas is eligible for probation. Probation for a DWI in Texas is generally available to anyone who has not had a previous felony conviction.

According to the Texas Department of Transportation, if this is your second DWI charge, you could be facing: A fine no more than $4,000. Anywhere from one month to a year in jail. The loss of your driver's license for up to two years.

How bad is a class B misdemeanor in Texas? ›

Under Texas's laws, a Class B misdemeanor is punishable by up to 180 days in jail, a fine of as much as $2,000, or both. For example, possession of up to two ounces of marijuana is a Class B misdemeanor.

A third or subsequent DWI in Texas is very serious. You will face a third-degree felony charge, punishable by: Up to 10 years in prison, or a minimum of 10 days in jail if probation is granted.

House Bill 393, also known as Bentley's Law, went into effect on September 1, 2023.

According to the Texas Department of Transportation (TxDOT), proof must be collected by law enforcement officials to charge a subject with a crime. The prosecution's evidence must prove one of the following factors: You were operating a motor vehicle with a blood alcohol concentration (BAC) level of 0.08% or higher.

Penalties for a Texas DWI Test Refusal

While you do have the statutory right to refuse to take a blood or breath test, doing so will result in the automatic suspension of your license. Your license will be suspended automatically for: A minimum of 180 days if it is your first test refusal or.

EL PASO, TX (KVIA) -- A new law is coming into effect on September 1st. Individuals convicted of intoxication manslaughter will now be required to provide child support in cases where they take the life of a parent with young children.

In Texas, the suspension period for a driver's license following a first DWI offense typically ranges from 90 days to 12 months. This duration can vary depending on factors such as your blood alcohol content (BAC) at the time of the arrest or whether you refused a chemical test.

How Long Does the DWI Criminal Process Take? As a general rule, it can be anywhere from 3-6 months before you must make a decision to plead guilty or set your case for trial. If you decided to set your case for trial, it can be anywhere from 4 months to over a year before your trial date.

Remain Calm, Don't Lie and Comply

It is best to speak as little as possible in a traffic stop. Law enforcement is trained to glean information that can be used as an excuse for an arrest. In the course of the exchange with the officer he or she may question whether or not you have been drinking and if so how much.