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Texas DUI Laws Penalties And Fines
Texas Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Texas Penal Code §49.01(2), Driving While Intoxicated may be proved two different ways:
1. Proving a driver did not have normal use of physical or mental faculties as the result of using alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance; or
2. Proving a driver had a blood alcohol concentration (BAC) of 0.08 or greater (or 0.04, for CDL drivers). Texas drivers under age 21 are DUI if they have ANY detectable BAC.
At trial, a prosecutor may introduce evidence that a driver was intoxicated under both of these definitions, and a jury must only agree unanimously that the person was intoxicated (In other words, it is acceptable for some jury members to believe the blood test results, while others believe the driver did not have normal use of his faculties due to intoxication).
Summary of Illegal BAC Levels in Texas:
Adult Driver - DWI with BAC of 0.08 or higher.
Commercial Vehicle Driver - DWI with a BAC of 0.04 or higher.
Under 21 Driver – DWI with BAC of 0.08 or higher; DUI with ANY detectable BAC.
When Can I Drive, if I’ve Been Drinking?
The best way to avoid DWI in Texas is to have someone else drive, if you’ve been drinking. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
For one adult over 180 pounds, achieving a 0.08 BAC might require up to four drinks in an hour, but for another, it could take much less alcohol, because many other factors affect how the metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DWI, if you don’t have normal use of mental or physical faculties. This can occur in many people at a much lower BAC than 0.08. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Texas Zero Tolerance Law
Texas has a special Zero Tolerance Law for drivers under age 21.
A driver under 21 may be convicted of DWI with a BAC of 0.08, or with loss of physical or mental faculties, just like any other driver; but an under-21 driver is also subject to a special DUI (Driving Under the Influence of Intoxicants) law, which is a lesser crime, subject to a $500 fine and community service, if the minor driver has ANY detectable BAC.
