Texas DUI Laws

In the state of Texas, there is no such thing as special treatment for first offenses. Even if you have a clean driving record, if you are caught driving while under the influence in Texas, you will go to jail and you will be fined up to $2,000. Under Texas’s implied consent law, by obtaining a driver’s license, you are automatically consenting to chemical tests, and breath and urine tests to determine blood alcohol content level (BAC) or to determine if you have drugs in your system. Failure to comply will result in immediate license suspension.

What is the blood alcohol content level (BAC) limit in the state of Texas?

In the state of Texas, it is a crime to operate a motor vehicle with a blood alcohol content level (BAC) of 0.08% or higher. Sentence enhancements exist for cases involving a BAC of 0.15% or higher. If you are under 21 or a commercial vehicle driver, the BAC limit drops dramatically. If you are under the age of 21 you are considered drunk if your BAC is 0.02% or higher. If you are a commercial vehicle driver, you are considered drunk if your BAC is 0.04% or higher.

In the state of Texas what is the administrative license suspension period for a first offense?

In the state of Texas, if you get arrested for DUI, the administrative license suspension time for a first offense is 90 days. Under administrative license suspension, the drivers’ license will be taken before conviction when he either fails or refuses to be tested for alcohol or drugs. During the 90-day revocation period, the driver may obtain a limited license under special circumstances.

In the state of Texas, what are the penalties for a first DUI offense? Second offense?

In the state of Texas, penalties for all DUI offenses, including first offenses, include interlock. This means, the driver will have to have a device installed on the ignition, at his own expense. If the device detects the presence of alcohol, the car won’t start. In addition to interlock, in the state of Texas, first DUI offenders will spend no less than 72 hours in jail and no more than 180, they will be fined up to $2,000, and the driver’s license will be suspended for no less than 90 days and no more than 1 year.

For second DUI offenses, you will be fined up to $4,000, and you will serve at least 30 days in jail and no more than 1 year. In addition, your driver’s license will be suspended for no less than 6 months or up to 2 years. A third offense is a 3rd degree felony. If you are arrested and convicted of DUI in Texas for a third time you will go to jail for no less than 2 years or up to 10, you will be fined up to $10,000 and your license will be suspended for up to 2 years.