In Texas, DUI/DWI law states that it’s against the law for any person to drive or operate a motor vehicle in the state of Texas while they are under the influence of alcohol or drugs with a BAC level of .08% or greater.

You do not even need to appear or behave drunk, as long as a chemical test shows a blood alcohol concentration level of .08% or greater will get you arrested for DUI/DWI in Texas.

You could also be arrested if you are under .08% if you just display signs that are consistent with a being under the influence of alcohol or on drugs.

When an officer stops someone on suspicion of DWI/DUI in Texas, the officer is already in thbe process of building a case against that person by observing their driving patterns prior to initiating the DUI/DWI stop. If the officer has established reasonable grounds and suspects that someone is under the influence, they will request that the individual perform field sobriety tests

It is not required by law that you submit to the field sobriety tests. If an officer asks you to take the field sobriety test, just kindly refuse his request. It is required by law to submit to a chemical test by the Texas Administrative License Revocation Program. If a driver refuses to submit a chemical test, the officer must inform the driver of the penalties for test refusal and then ask the driver a second time if he or she will take a chemical test.

If you’ve been arrested for driving under the influence (DUI) in Texas, you need to be aware of the state’s laws and penalties.

Texas DWI Driver License Revocation Hearing

Pass or fail the chemical test by the arresting officer, and the officer is going to confiscate your driver’s license and issue a “Notice of Suspension”. Upon being arrested for DUI/DWI in Texas you have just 15 days from the date of the arrest to request an administrative hearing with the State Office of Administrative Hearings if you want to challenge the suspension of your driver’s license.

If you don’t request a hearing within the 15 days that is allowed by law, you forfeit your chance to challenge your license suspension and the officer’s suspension of your license will stand. If you request an administrative hearing within the 15 days allotted, the temporary permit that the officer issued you when you were arrested will remain in effect until a decision is reached in your administrative revocation case.

Hearing Process

At the administrative hearing, the officer who arrested you must testify to prove that there was sufficient evidence for them to believe that you were driving under the influence. This will include testimony regarding your driving behavior prior to being stopped, any field sobriety test performance, and anything else provided by your arrest officer relevant to your arrest.

In the case that you refused a chemical test, the officer must prove that they followed all procedures required by law.

If the arresting officer is able to provide sufficient evidence to prove the case against you, then your driver’s license will be suspended for 90 days if this is your first DWI offense. If it is a subsequent offense, your suspension may be longer. 

On the other hand, if the arresting officer cannot provide sufficient evidence against you, then your driver’s license will be reinstated and you will not suffer any suspension of your driving privileges. Either way, the administrative hearing officer’s decision is final and cannot be appealed.

The administrative hearing is intended only to determine the status of your driver’s license, and has no bearing on any criminal proceedings related to your DWI arrest.

As you can see, it is critical that anyone arrested for driving under the influence

Restricted Texas Requirements for DUI Convictions:

If you are convicted of a DWI in Texas, the court may also impose additional requirements such as enrolling in and successfully completing an approved drug and alcohol education or treatment program. Additionally, all offenders must have an “ignition interlock device” (IID) installed on any vehicle that they operate for six months to two years depending on the circumstances surrounding the arrest.

An IID is a device that requires a driver to blow into it in order to start their vehicle and periodically while driving, and will not start if alcohol is detected on the breath of the driver. Additionally, violators may be required to pay fines and court costs, attend classes or counseling, and/or serve a jail sentence as part of their punishment.

Penalties for Driving Under the Influence in Texas:

If you are convicted of a DWI/DUI offense in Texas, you will face serious penalties. These can include license suspension or revocation, fines, community service, and even jail time. The exact punishment is determined by the severity of the case and whether it is your first or subsequent offense.

Texas First Offense DUI Penalties

Most First Offense DUI’s in Texas are considered misdemeanors and carry the following penalties:

• Driver’s license suspension for up to one year
• Minimum fine of $2,000
• Up to six months in jail
• Community service (up to 100 hours) for first-time offenders
• Mandatory DWI Education Course or Substance Abuse Treatment Program
• Installation of an ignition interlock device on the driver’s vehicle

Texas Second Offense DUI Penalties

Most Second Offense DUI’s in Indiana are considered misdemeanors and carry the following penalties:

• Driver’s license suspension for up to two years
• Minimum fine of $4,000
• Up to one year in jail
• Community service (up to 200 hours) for first-time offenders
• Mandatory DWI Education Course or Substance Abuse Treatment Program
• Installation of an ignition interlock device on the driver’s vehicle
• Possible seizure of the vehicle used in the offense

Texas Third Offense DUI Penalties

Most Third Offense DUI’s in Texas are considered felonies and carry the following penalties:

• Driver’s license suspension for up to two years
• Minimum fine of $10,000
• Up to 10 years in prison
• Mandatory DWI Education Course or Substance Abuse Treatment Program
• Installation of an ignition interlock device on the driver’s vehicle
• Possible seizure of the vehicle used in the offense
• Possible forfeiture of any assets used to facilitate the crime.

DUI-related convictions in Texas also carry other penalties such as increased insurance rates, difficulty finding employment, and a permanent criminal record. It is important to seek legal counsel if you have been charged with a DUI in Texas. A lawyer will be able to provide you with information on your rights and legal options. They may also be able to help you get the best possible outcome in your case.

It is important to remember that while Texas DUI laws are stringent, there are ways to fight back and potentially have your charges reduced or dismissed. A skilled attorney can help guide you through the legal process and ensure that you receive fair treatment under the law. Remember, if you’ve been arrested for a DUI in Texas, it is

Texas DUI Under 21 Years of Age

In Texas, if you are under 21 years of age and have a BAC of 0.08 percent or higher, it is considered illegal and you can be charged with a DUI. The penalties for this offense are as follows:

• Driver’s license suspension for up to one year
• Minimum fine of $500
• Up to 30 days in jail
• Possible installation of an ignition interlock device on the driver’s vehicle
• Possibility of a 6-month alcohol awareness course or substance abuse treatment program.

Additionally, minors with a BAC lower than 0.08 percent may face a penalty of up to $500 and/or 20-40 hours of community service.

It is important to remember that these laws are in place to protect the public, so it is important to follow the law if you plan on consuming any alcohol. This is especially true for those under 21 years of age, as they face harsher penalties if they are caught violating the law. A skilled attorney can help you navigate the legal process and ensure that your rights are protected throughout.

Overall, Texas has strict DUI laws in place, so it is important to understand them before getting behind the wheel after consuming alcohol. If you have been charged with a DUI and need assistance navigating the legal

Are You Required to take DUI Classes?

In Texas, anyone convicted of a DUI is required to take and complete an approved DWI Education Course. This course must be completed within 180 days of the conviction in order for the driver’s license suspension period to be lifted. The cost of this class can range from $150-$500 depending on the length and type of class taken.

Additionally, some judges may also require an offender to complete a Substance Abuse Treatment Program or an Alcohol Awareness Course in addition to the DWI Education Course. If this is the case, it will be mandated by the court and must be completed within a certain amount of time.

It is important to note that failure to comply with a court-mandated program can lead to additional penalties and fines. Therefore, it is important to comply with the court’s orders if you are required to take one of these classes. An experienced attorney will be able to provide advice on how best to navigate through this process.

Can you take DUI Classes Online?

Yes, in some cases you may be able to take DUI classes online. This can depend on the court’s discretion and requirements, so it is best to speak with a qualified Indiana DUI attorney to learn more about your specific situation. Online courses often cost less than traditional classroom settings and may provide an easier way for individuals to complete their required program.

However, there are certain restrictions and requirements that must be met in order for online courses to be accepted by the court. It is important to check with the court prior to enrolling in an online course.

Are you Required to have a SR22 in Texas?

In most cases, yes. You may be required to file for an SR22 if you have been convicted of a DUI in Texas and your license has been suspended. An SR22 is a form that must be filed with the state Department of Public Safety and it certifies that the driver has a current proof of financial responsibility (insurance).

Additional Texas DUI Resources

Texas District & County Attorney’s Association

Texas Department of Transportation