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DWI Texas

The Texas limit for blood alcohol concentration (BAC) when you're driving is 0.08%. Texas is also a zero-tolerance state for underage drinking; any detectable amount of alcohol in drivers under 21 is a crime.

Having a Texas license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving, under the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyzer test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year.

 

Drivers 21 and Over

First offense:

• Up to a $2,000 fine

• Possibly 72 hours to 180 days in jail

• Driver license suspension 90 days to one year

Second offense:

• Up to a $4,000 fine

• Thirty days to one year in jail

• Driver license suspension 180 days to two years

Third offense:

• Up to a $10,000 fine

• Two to 10 years behind bars

• Driver's license suspension 180 days to two years

 

Drivers Under 21

The threshold for an alcohol-related driving conviction is lower for drivers under 21. If you're not of legal drinking age, then it's against the law to operate a vehicle with any measurable amount of alcohol in your blood (this is what "zero tolerance" refers to).

 

Any measurable amount of alcohol:

• Sixty-day driver's license suspension

• Up to a $500 fine

• Twenty to 40 hours of community service

• Mandatory attendance in alcohol-awareness classes

BAC of 0.08% or higher: Under 21

• If you're caught driving with a BAC of 0.08% or higher and you're under 21, you can count on the same DWI penalties as apply to those over 21 (see above), plus a conviction for underage drinking.

 

Driving With a Child

Driving drunk with a child passenger is considered a felony. If caught, your license will be immediately suspended.

 


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