Punishment for Driving Under the Influence in Texas
Texas law forbids a person from operating a vehicle while under the influence of alcohol. Generally, the legal limit for alcohol consumption is measured as a blood alcohol concentration. Texas takes the dangers imposed by driving under the influence (DUI) seriously. Committing a DUI will expose you to license suspension or revocation, heavy fines, re-education and even possibly incarceration.
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DUI vs. DWI
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Texas prosecutes both DUI, as well as DWI (driving while intoxicated). The distinction is that a DWI is based upon a blood alcohol content (BAC) of 0.08 or higher, while a DUI charge a lower threshold based on some evidence of intoxication.
A first-time DUI offense if punishable as a Class C misdemeanor with up to $500 in fines and no period of incarceration. A first-time DWI under Section 49.04 of the Texas Penal Code results in a Class B misdemeanor, which requires a minimum incarceration of 72 hours.
Flying a plane while intoxicated under Section 49.05 of the Texas Penal Code is a Class B misdemeanor with a minimum 72-hour period of incarceration. Boating while intoxicated carries the same penalty.
Repeat Offenses
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The Texas Penal Code provides for stronger sentences for repeat offenders. A second DUI leads to higher fines and the possibility of jail time, according the website of Austin attorney Ken Gibson. A second DWI will be upgraded to a Class A misdemeanor with a minimum confinement of 30 days. A third DUI is a Class 3 felony with two to 10 years of incarceration and up to $10,000 in fines. A second DWI within five years will also result in a court-ordered installation of a deep-lung breath analysis machine on the offender's vehicle(s).
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Driver's License Suspension
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In addition to criminal sanctions, Texas provides for civil suspension of driving privileges, which is called an administrative license revocation. This will occur if you fail, or refuse a breathalyzer test when stopped on suspicion of DUI.
Minors
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Section 106.041 of the Texas Alcoholic Beverage Code makes it illegal for minors to operate a motor vehicle in a public place while having any detectable amount of alcohol in their system. Violation is a Class C misdemeanor, which is punishable by a fine up to $500, in addition to community service, alcohol awareness training, and suspension of the driver's license.
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References
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