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DUI & DWI in Texas

If you’ve been arrested for DWI in Texas, you likely made a big mistake. However, sometimes errors in determining blood alcohol content are made and you are innocent. A Texas DUI attorney will thoroughly analyze your case and put forward your best defenses.

In addition, even if you are found guilty of driving while intoxicated in Texas, your DWI lawyer will show the judge why you should receive the minimum possible sentence and not the maximum sentence.

If you or a loved one has been arrested on a DWI charge in Texas, this article will provide necessary guidance. We’ll cover:

  • Texas DUI laws
  • Texas DUI punishments
  • Potential DUI defenses
  • Texas’s Other Drunk Driving and Alcohol Laws
  • How to Find a Texas DUI Attorney

When is a Driver Considered to be Legally Drunk in Texas?

  • TX DUI Laws are found in Tex. Penal Code В§49.04
  • You are considered to be legally drunk in Texas if you have a BAC (blood alcohol content) of .08 or more while driving in Texas.
  • However, if you’re a commercial driver, including a school bus driver, you are legally drunk if your BAC is .04 or higher.
  • And, if you are under the age of 21, you are legally drunk if you have any amount of alcohol in your system. Texas has a zero tolerance policy for underage drinkers who choose to drive.

What is Texas’s Punishment for DWI Convictions?

Criminal penalties such as fines, jail time, ignition interlock, driver’s license suspension, highway safety classes, alcohol rehabilitation, and community service are common.

  • 1st DWI conviction within 5 year period = up to 18 days in jail – fine of $2,000 – driver’s license suspension of 90 days.
  • 2nd DWI conviction within 5 years = up to1 year in jail – fine up to $4,000 – driver’s license suspension of 1 year.
  • 3rd DWI conviction within 5 years = between 2 and 10 years in jail – fine of up to $10,000 – driver’s license suspension of 1 year.

Punishments will be increased if you have a minor under the age of 15 in your car.

Texas Drunk Driving Defenses

Fortunately, an arrest for driving while intoxicated doesn’t always lead to a conviction. Sometimes mistakes are made or procedures aren’t followed. Be sure to consult with the Texas DWI attorney of your choice to determine your best defenses.

These are DWI defenses that are often used:

  • The police officer had no right to stop you. In other words, the cop lacked probable cause to stop you.
  • You weren’t driving nor were you in control of a vehicle.
  • Breathalyzer results were erroneous and no back up independent test was given.
    • Test results were wrong because the testing officer wasn’t properly trained.
    • Test results were wrong because the machine was defective.
  • The doctor or nurse, who drew blood,didn’t follow protocol.
  • The trial judge on your case made a mistake. For example, she did not offer appropriate jury instructions.

Texas’s Other Drunk Driving and Alcohol Laws

  • Texas Dram Shop Statute – A licensed drinking establishment can be held liable for intoxication related injuries if that establishment knowingly served a visibly drunk individual or a minor.
  • Furnishing Alcohol to a Minor – Any person who serves alcohol to a person under that age of 21 can be sent to jail for up to one year and hit with a fine up to $4,000.

How to Find a Texas DUI Attorney

Just because you’ve been arrested for DWI doesn’t mean you’re guilty. To find a TXDUI lawyer, you can search our website,, or ask friends or the bar association for a referral.

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