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Possible Penalties for a Texas DUI Arrest

By The Law Office of WT Johnson on September 26, 2016

In Texas in 2011 there were over 2,500 crashes involving drunk driving, resulting in over 3,000 deaths. Sadly, these could have been avoided if motorists simply made better decisions then to get “behind the wheel” while intoxicated. In the US, the local authorities have increased the enforcement of those operating a motor vehicle under the influence of alcohol.

Organizations such as Mothers Against Drunk Driving has kept awareness of this issue at the forefront. A driver with a blood alcohol content (BAC) of .08% or higher is considered legally intoxicated and will be arrested for driving under the influence (DUI). Keep in mind that you can still be considered under the influence if slightly below the 0.08 threshold if other tests suggest that you are impaired.

Determining Factors:

DUI enforcement is based on proving that the driver is intoxicated. The ALR Program applies to individuals arrested for Driving While Intoxicated (DWI) and refuse to take or fail a blood or breath test. Those who refuse or fail a blood or breath test following an arrest for DWI may have their DL suspended from 90 days to 2 years. If the authorities suspect that a driver is impaired, a set of field tests for sobriety will be overseen. If they perform poorly on these tests then the driver will be arrested for DWI. Next, the motorist will be asked to submit to take a breath or blood test to measure their blood alcohol concentration (BAC). The motorist’s driver license will be suspended if he/she refuses to take or fails the test. (0.08 BAC or higher).

DUI/DWI Penalties:

1st Offense:

  • Fines up to $2,000
  • (3) to (180) days in jail
  • License suspension of up to (1) year
  • A “yearly fine” for (3) years of between $1,000-$2,000 to retain driver license

2nd Offense:

  • Fines up to $4,000
  • (30) to (360) days in jail
  • License suspension of up to (2) years
  • A “yearly fine” for (3) years of between $1,000-$2,000 to retain driver license

3rd Offense:

  • Fines of $10,000
  • A prison term of (2) to (10) years
  • License suspension of up to (2) years
  • A “yearly fine” for (3) years of between $1,000-$2,000 to retain driver license

Ignition Interlock Installation:

One tool used in Texas’ battle against drunken driving is the installation of an “ignition interlock device” to the offender’s vehicle. The interlock system requires the offender to breathe into an alcohol detection device in order for their car to start. A “restricted” driver’s license is issued for those in this program.  

You deserve justice if someone has harmed you in an alcohol related accident:

Are you a victim of someone else’s bad decision to drink and drive? Contact the Dallas drunk driving accident victim attorneys at The Law Office of WT Johnson today at (800) 738-4046 for a free consultation. We have a proven track record of securing verdicts and settlements for those victimized by a drunk driver. Remember that we only get paid once we obtain compensation for you and your family!

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If you would like to discuss your claim with a member of our team, don’t hesitate to call us at (214) 231-0544. We’re ready to help you, and won’t rest until you receive the settlement you deserve.

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