Texas Statutes on Driving Under the Influence

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Texas has tough penalties for people convicted of driving under the influence.

If you have a breath alcohol content of .08 percent or more, you are considered to be driving while impaired in Texas. Punishments for driving under the influence are laid out in Chapter 49 of the Texas penal code. Penalties increase for each successive DUI conviction and may include fines, loss of your driver's license and a jail sentence.

  1. First Offense

    Second Offense

    • You may lose driving privileges for up to two years following a second DUI conviction.
      You may lose driving privileges for up to two years following a second DUI conviction.

      A second offense results in suspension of a driver's license for up to two years, 30 days to two years in jail and a fine of up to $4,000.

    Third Offense

    Penalties for Minors

    • There are penalties for people under the age of 21 caught drinking and driving even if their blood alcohol reading is under .08. The sentence includes loss of their license for up to 60 days, fines of up to $500, up to 40 hours of community service and completion of a course on alcohol awareness. People over the age of 16 and convicted of impaired driving face a fine of up to $,2000, three to 180 days in jail and a driver's license suspension of up to one year.

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