DUI Laws – Texas
In Texas, if you are stopped on suspicion of drunk driving and either failed a breathalyzer test or refused to take one, your driver's license may be suspended pursuant to the Administrative License Revocation (ALR) law. There are many ways you might successfully challenge an ALR (e.g., the officer did not have probable cause), but you only have two weeks to request a hearing. Therefore, it is important to speak to a Texas DUI lawyer as soon as possible.
In addition to the ALR hearing, there may be criminal charges stemming from a DUI stop. Besides losing your driver's license, penalties for conviction may include fines and even prison. Additionally, penalties can be increased in certain cases (e.g., if the driver's blood alcohol content exceeded .15 percent, or if a passenger under the age of 15 was in the car).
A DUI conviction stays on your record forever and can significantly impact your finances, career and even your family. If you have been charged with a DUI in Texas, it is very important to have a skilled attorney fighting for you.
Texas DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Texas BAC laws may differ from those of other states, as follows.
| Texas BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | Higher than .00 |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately 15 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st and Subsequent Offenses | 90 days to 1 year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 60, 120, 180 days license suspension, depending on prior convictions |
| Temporary License | Yes until the time of hearing or for 40 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st and Subsequent Offenses | 180 days license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 180 days or 2 years license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense- Per Se Violation (.08 or higher) | |
| License Suspension | 90 days to 1 year (may have occupational license) |
| Prison Term and Community Service | 72 hours to 180 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense | |
| License Suspension | 180 days to 2 years (may have occupational license) |
| Prison Term and Community Service | 30 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $4,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third and Subsequent DUI/DWI Offenses | |
| License Suspension | 180 days to 2 years (may have occupational license) |
| Prison Term and Community Service | 2 to 10 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Texas Department of Transportation