The Texas DWI law
Texas is a serious state in implementing the DWI laws. Driving While Intoxicated in Texas is considered as a serious offence and the accused is subjected to punishment.
If a person drives under mental and physical disabilities, then he can be arrested and convicted under DWI in Texas.
Different from the other states, the DWI law of Texas states that if a person is asked by a law enforcement officer to take a blood or a breathing test, then s/he should obey. Otherwise the person will be subjected to an automatic driver’s license suspension for the period of hundred and eighty days.
It has been found that impairment begins from the first drink. The legal limit in Texas for any kind of intoxication is 0.08%. It is measured as the ‘Blood Alcohol Concentration’ or BAC. A person who is under the age of twenty-one is not allowed to drive with any detectable amount of alcohol and is subjected to punishment.
According to the Texas law, the DWI offense is categorized in three categories. A person falling under or charged with the first offense is liable to pay a fine of up to $2,000, will serve 72 hours to 180 days in jail. Moreover, his/her driving license can be suspended up to 90 days to 1 year.
If it is a second degree offense, the person is fined up to $4,000, serves 30 days to 1 year in jail and the driver’s license can be suspended up to 180 days to 2 years. Third degree offense can charge a fine of upto $10,000, 2 to 10 years in penitentiary and the driver’s license can be suspended for 180 days to 2 years.
An Administrative License Revocation or ALR is instigated against an arrested driver only if he refuses to take the blood or the breathing test. This is also implemented if the test results are above the legal limit. It is automatic unless a convicted person requests a hearing to challenge the suspension in writing within fifteen days of receiving the suspension from the agency that has arrested him. Failing to do so will lead to suspension starting automatically from the forty-first day of receiving the notice.