The state of Texas governs several laws regarding drunk driving. If you are operating the vehicle and appears to be driving impaired, you can be arrested for DWI. The presence of alcohol in your system causes loss of normal use of mental and physical faculties, which exhibits intoxication. A field sobriety test is conducted in order to determine the grounds for the arrest, and possibly a reliable information to be used against you in the courts. Another case is when your blood alcohol content (BAC) is recorded at .08% or higher. This indicates that you are intoxicated and therefore it is illegal for you to be driving in the public roads of Texas.
Moreover, Texas DUI laws also consider you an offender if you and your colleagues are merely caught with an open container of alcohol inside your motor vehicle. You are charged to pay up to $500 in fines for this offense.
DWI Arrests in Texas
If you are stopped, be ready to show your driver’s license, proof of insurance and vehicle registration. You will need to take a blood or breath test. However, the test is not mandatory, but refusal for such test will automatically suspend your right to drive for 180 days. Accordingly, if you fail the test, your license is revoked for 90 days. On this juncture, you are advised to seek the legal help of a Texas attorney and request your hearing. Failure to request a hearing within 15 days from the arrest will stamp the suspension to its full effect.
Your DWI arrest will either be classified as a felony or misdemeanor, depending on the circumstances surrounding it. If you are arrested with a child passenger in your car, you are automatically charged with a felony and your license will be immediately suspended. Meanwhile, an intoxication assault (third degree felony) will be filed against you if you commit the DWI, an by that reason of intoxication causes serious bodily injury to another. Also, an intoxication manslaughter (second degree felony) will be charged if your are arrested for DWI that causes the death of another by accident or mistake. Each has due punishment for offenders committing each charge.
Basic Consequences for First Time Offenders
A DWI arrest in the state of Texas for the first time has the following punishments:
Subsequent offenses call for a stricter penalty.
License Suspension for Texas DWI
With the Automatic License Revocation law enforced in the state of Texas, your right to drive is automatically revoked if your are arrested for DWI. But this revocation can still be turned to a temporary suspension as a result of the court hearing you have requested. Thus, it is imperative to call for a hearing immediately following your arrest to remedy possible problems that you may face.
First time offenders face up to a maximum of one year suspension of their driver’s license, while second offenders lose their right to drive up to two years. However, you are not spared from any more punishments after your have served your suspension as those who are convicted of DWI will still have to pay a yearly fee to keep their driver’s license active. Licenses are only reinstated after you pay for a fee and complete any court-ordered requirements.
Insurance Consequences
Auto insurance is a must-have requirement before you can enjoy the privileges of driving following a DWI conviction in Texas. However, having a DUI on your driving record will only lead to severe insurance difficulties. Your current policy provider may either take one of two actions against your policy. That is, you will risk losing your coverage after your carrier drops you, or allow you to maintain your coverage while paying substantial rates.