DWI law in Texas falls under penal code § 49.04. DRIVING WHILE INTOXICATED, and is considered a class B misdemeanor. Here are the specific charges within the penal code;
The legal limit in regards to (BAC) blood alcohol concentration in Texas while driving is 0.08%. Texas is considered a zero tolerance state pertaining to underage drinking; any detectable amount (.02% BAC or greater) of alcohol in drivers under 21 is considered a crime.
Here is what you can expect as far as punishments for DWI offenses in Texas:
In addition to the above Texas DWI offenses there are additional “enhancements” that can carry increased fines, suspensions, imprisonment, etc… They are listed below,
A law enforcement officer observes you and believes that there is a reasonable suspicion for him/her to pull you over for violation of traffic laws, etc... While conducting the traffic stop the officer develops probable cause to arrest the person for driving while intoxicated or DWI. If the officer has reason to believe that the driver is impaired, they may ask you to submit to a series of field sobriety tests. If you perform unsatisfactorily, you will be arrested for DWI and taken to the police station.
At the police station, you will be asked to submit to a chemical test to measure your blood alcohol concentration (BAC). In most cases you will be asked to take a breath test, although in some cases the officer may request a blood test instead. If you refuse to provide a sample, or provide a sample with an alcohol concentration of .08% or greater (if you're 21 or over), the officer will issue you a Notice of Suspension and confiscate your drivers license.
If you failed the breath or blood test, the Administrative Law Judge (ALJ) must determine whether:
If you refused to submit to a chemical test, the Administrative Law Judge (ALJ) must determine whether:
If you're 21 or above and the Texas ALR hearing determines you to be guilty of the offenses then a 1st offense will result in a 180 day drivers license suspension.
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