Understanding DUI Laws in Texas: Penalties, Limits, and Your Rights
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Enjoying a few drinks with friends or family is a favorite pastime of many Americans, Texans included. But if you imbibe too much and get behind the wheel, it could land you a Texas DUI or DWI. Both violations come with heavy fines, potential license suspension, and even jail time.
Understanding Texas DUI Laws and BAC Limits
Texas applies its DUI (driving under the influence) laws to anyone younger than 21 caught driving under the influence of drugs or alcohol. It doesn't matter how much of either substance you have in your bloodstream. A single glass of beer is enough to break the law since underage drinking is illegal in Texas.
If a law enforcement officer suspects you of a DUI, they can order you to submit to field sobriety tests to check your physical faculties.
Penalties for First and Subsequent DUI Offenses in Texas
First-time consequences for someone under age 21 caught driving under the influence of alcohol include:
- Up to a $500 fine
- A 60-day license suspension
- Up to 40 hours of community service
- Mandatory attendance of a state-approved alcohol awareness class
- An ignition interlock device placed on your car
Drivers with a blood alcohol concentration (BAC) of 0.08 or more may incur additional penalties, including:
- Fine up to $2,000
- Between three and 180 days of jail time
- License suspension between 90 days and one year
How a DUI Impacts Your Driving Record and Insurance Rates
A DUI is one of the most serious traffic violations in Texas. It's a Class C misdemeanor charge. That means it stays on your permanent record unless you can convince a court to expunge it. The ticket stays visible on your driving history, too, which can dramatically impact your insurance premiums — and not in a good way.
Texas only issues DUIs to individuals under 21. If you're of legal drinking age and get caught driving with a blood alcohol content of 0.08% or more, you may receive a DWI (driving while intoxicated). It's a Class B misdemeanor and can increase to a Class A or even a felony charge based on your BAC or whether you cause an accident.
The risks of a DUI or a DWI aren't worth it. If you've had a few drinks, don't operate a vehicle. Call for a rideshare or take a cab home instead.
Special Considerations for Underage and Commercial Drivers
While adults aged 21 or over can legally drive in Texas if their BAC is less than 0.08, the rules are much stricter for underage and commercial drivers. The law defines the Texas DUI limit as 0.00 for people under 21.
Commercial drivers — those with a CDL license — must also follow stricter laws. Texas DWI laws limit commercial drivers to a BAC of 0.04. Anything above that can result in a DWI if they operate a commercial vehicle.
For example, suppose you hold a CDL license for your job as a semi-truck driver. If you stop for a few beers and decide to drive your semi, a DWI could result if a police officer stops you and finds your BAC at 0.05, even though that's below the usual limit for everyday drivers.
Resources and Tips for Legal Assistance After a DUI
Since a DUI can have such severe consequences, it's worth seeking the advice of an attorney if you receive one. Look for a criminal lawyer experienced in Texas DUI and DWI convictions. Your attorney may represent you in court, potentially reducing your fines and penalties.
For more information about DUI and DWI in Texas, review these resources:
- Tex. Pen. Code § 49
- Texas Department of Transportation: Underage Drinking and Driving
- Texas Department of Transportation: Impaired Driving and Penalties
Practical Advice for Avoiding a DUI in Texas
It's not unusual for young adults to try alcohol before they come of legal age. While it's illegal, it still happens. But a one-night transgression doesn't have to become a lifelong mistake.
Here are a few ways to prevent an unwanted Texas DUI.
1. Don't Drive After Drinking
The number one rule is not to get behind the wheel after a drink, even if it's just a single can of non-alcoholic beer. The risk of a ticket and criminal charge is too high. If you need to get home or somewhere else, ask a sober friend or family member for a ride.
2. Get a Designated Driver
If a sober friend attends a party with you, ask them to be your designated driver. Better yet, catch a ride with them so your car never leaves its driveway. You might pay for food or gas to make the request a little more appealing.
3. Find Other Activities That Don't Involve Drinking
Alcohol might make social events more enjoyable, but there are plenty of other things to do. Join a club, hit the gym, volunteer, go to the movies — those are just a few ideas. You can probably think of many more!
Protect Your Future: Get the Right Car Insurance After a DUI
Finding insurance might be challenging if you have a past DUI on your record. While insurers may provide you with coverage, your premiums will likely be much higher. EverQuote can help you get a policy at a reasonable rate. Use our service for a free custom comparison of personalized rates from Texas insurers.