Lara Bracamonte Davila

Doing What Is Right For You

DWI/DUI charges and penalties in Texas

On Behalf of | Jan 18, 2023 | DUI

Although everyone understands that drinking and driving is an extremely dangerous practice, it doesn’t stop people from drinking and then getting behind the wheel on many occasions. If a person gets behind the wheel with alcohol in their blood, they are risking their lives as well as the lives of other people. Even if the person does not end up hurting anyone, that person can still end up in jail. If they are under age 21, it is no legal for them to drive with any alcohol in their bloodstream.

How do you know if you are legally intoxicated?

According to the laws of Texas, you are legally intoxicated in Texas if your blood alcohol concentration is at least 0.08%. However, the minute drugs or alcohol affect your ability to operate any type of vehicle, you are committing a crime.

If you are wondering what the penalties are for DWI in Texas, they are as follows:

  • First offense: Up to $2,000 fine, a maximum of 180 days in jail (and three mandatory days) and losing the driver’s license for a maximum of one year.
  • Second offense: Up to $4,000 fine, one month to one year in jail and losing the driver’s license for up to two years.
  • Third offense: A $10,000 fine, two to 10 years in jail and losing your driver’s license for up to two years.

What happens if you are driving impaired with a child in your vehicle?

The charges for this are also extremely serious. They are as follows if you are driving impaired with a child passenger in your vehicle:

  • You will be charged with child endangerment if the child is under 15 years old.
  • You will be fined up to $10,000.
  • You will be put in jail for up to two years.
  • You will lose your driver’s license for 180 days.

What is the penalty for driving with an open container of alcohol?

If you are caught driving with an open container of alcohol in your vehicle, it is unlawful, even if you have not been drinking or using drugs.

Sound advice from a Texas criminal defense attorney

If you have made a mistake and are facing criminal charges for a DWI/DUI, according to the law, you are innocent until proven guilty. Of course, that doesn’t mean that you are not going to be upset about the charges and fight them in the most effective way that you can. This is where the solid advice of a Texas criminal defense attorney may really be able to turn your case around. Your attorney can stay with you throughout the process and can help you to ensure that your rights are protected so that you can look ahead to a better future.