It is illegal to drive a vehicle while intoxicated on alcohol or drugs in Texas. Texas takes DWI seriously. A DWI arrest can prove to be very costly. A conviction can result in a jail sentence or term of incarceration, fine, higher insurance rate, loss of driver’s license, and it can even have other consequences.

About Driving While Intoxicated in Texas

DWI laws make it a crime to drive a vehicle in public while intoxicated. This includes being drunk on alcohol or being intoxicated on other intoxicating drugs. This can even include prescription and over-the-counter drugs.

DWI laws only apply to drivers who operate a vehicle. Some even require the operation to be in public—such as on a public roadway.

The definitions of what qualifies vary from state to state. For example, in Texas, intoxication means “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”

Jail and Incarceration for Driving While Intoxicated in Texas

While state and local practices vary, a DWI conviction will almost always result in a criminal record.

A DWI conviction can also result in jail or incarceration. Every state has laws that provide for jail and incarceration for DWI. The amount of time that can be imposed varies greatly from state to state.

Most states have laws that impose increasing sentences for repeat DWI offenders. However, the DWI offenses that are considered vary from state to state. For example, some states only consider recent DWI offenses and other states only consider other felony DWI offenses.

In Texas, the first two DWI convictions are generally misdemeanors. Subsequent DWI convictions can be felonies. Only DWI convictions in the last five years are counted.

The first DWI conviction in Texas is a Class B misdemeanor, with a minimum term of confinement of 72 hours and up to six months. The second DWI conviction is a Class A misdemeanor, with a minimum term of confinement of 30 days and up to one year. The third and subsequent DWI conviction is a third degree felony. It can result in a two to ten year prison sentence.

Fines for Driving While Intoxicated in Texas

All states impose some amount of monetary fines for DWI. As with jail and incarceration, the type and amount of fines for DWI vary greatly from state to state. The first, second, and third and subsequent DWI convictions in Texas can result in a $2,000, $4,000, and $10,000 fine, respectively. This increases to $3,000 to $15,000 for the fourth and subsequent DWI convictions.

Insurance Rates after a Driving While Intoxicated in Texas

Being convicted of A DWI can result in higher insurance rates. This rule is consistent in all states, including Texas.

Loss of Texas Driver’s License for Driving While Intoxicated

Some state and localities have enacted administrative license suspension laws. These laws are aimed at preventing the driver from committing repeat offenses prior to having his DWI case considered by the court.

In these jurisdictions, the police can confiscate a drunk driver’s license. The police can then notify the licensing agency and the agency can then suspend the license—all before the driver even has his day in court. This is separate from the court process.

If the jurisdiction has these laws, drivers who fail to cooperate with the police may face additional administrative or legal action. This provides an incentive for drivers to submit to sobriety testing and to provide breath, blood, or urine samples.

Texas is one of these jurisdictions.

Other Consequences for Driving in Texas While Intoxicated

Many states require drivers convicted of DWI to install breath-testing devices, breathalyzers, or ignition locks on their cars. They also require offenders to attend alcohol or drug education programs and do community service. These conditions are normally a condition of probation or community supervision or for the offender to obtain a valid driver’s license. Texas imposes all of these requirements.

Finding a Texas DWI Attorney

You should hire an experienced Texas DWI attorney if you are arrested or charged with DWI. The attorney can help protect your rights and advise you of the local practices in your area and your options.