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Being found to be driving under the influence in Texas does not require that a driver meet the blood alcohol level of 0.08% that defines intoxication. In Texas, you are driving under the influence and breaking the law any time drugs or alcohol affect your ability to drive – or your ability to operate a boat or plane. Once a driver crosses that threshold into driving while intoxicated (DWI) or driving under the influence for a minor (DUI), the consequences can be meaningful.
What Are the Standard First-Time DUI Penalties?
A first time DUI with none of the potential aggravating factors discussed below features the following penalties:
Fine of up to $2,000
Up to 180 days in jail with a minimum of three days
Loss of driver’s license for up to a year
State fine of $3,000, $4,500 or $6.000 assessed at sentencing
What If There Is a Child in the Vehicle?
Regardless of whether this is a first time DUI, having one or more children in the vehicle when the DUI occurs means:
Charge of child endangerment
An additional fine of up to $10,000
Jail time of up to two years
Further 180 days of loss of license
You may also face a civil Child Protective Services case, which could result in loss of custody.
What If the Driver Is under 21 Years Old?
The charge for a driver under 21 is "driving under the influence of alcohol" (DUI or DUIA). The legal limit of 0.08% blood alcohol level is not required since Texas is a zero-tolerance state for minors and alcohol. DUI is a class "C" misdemeanor that carries a maximum $500 fine for the ticket. The driver's license will be suspended at arrest or citation, with a further suspension imposed upon conviction. A minor who meets the blood-alcohol standard for DWI can also be charged with that offense.
What Will the State Have to Prove for a Conviction?
DWI arrests are often made without alcohol or illegal or prescription drugs found in the driver's system. The charge does not require a breath test. To prove DWI, the state must show that the driver met one of the following conditions:
Had a blood alcohol level of 0.08% or higher
Did not possess normal mental faculties or
Did not have normal physical capacities due to alcohol or drugs
Is a Breath or Blood Test Mandatory?
A driver has the technical right to refuse to take a blood or breath test, but the consequences of doing so can be severe. When a driver refuses, the state will seek to suspend the driver’s license of a first-time offender for up to 180 days. The refusal can also be entered as evidence against the driver at trial. There is no Fifth Amendment right against self-incrimination regarding a breath or blood test.
What If the Driver Fails the Breath or Blood Test?
A first-time DUI driver who fails a test by having a blood alcohol level of 0.08% or higher will receive a license suspension of 90 days. The failed test also gives the state the data necessary to convict the driver and impose the applicable sanctions.
Call Us Today to Speak with a DUI Defense Lawyer in Killeen
Driving under the influence is a serious charge with significant penalties and long-lasting consequences on a driver's personal and professional life. Brett Pritchard, a Killeen attorney with substantial experience in assisting drivers charged with DUI, can help you find your way through the system and help you obtain the best possible result. Call us at (254) 781-4222 or contact us online to schedule a FREE consultation.