Texas law sets the legal limit for drunk driving as a person whose BAC (blood alcohol content) is over 0.08. If your test is 0.08 or higher, you may face a DWI charge.
However, if you are under the age of 21, there is no legally acceptable BAC. This means that if you are under the age of 21 and have any alcohol in your system, you may be charged with a DWI.
You Do Not Have to Fail a Breathalyzer to Face a DWI
You can still be charged with a DWI if you pass the breathalyzer test. According to Texas law:
“’Intoxicated’ 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; or having an alcohol concentration of 0.08 or more.”
Even if you pass the breath test, you may be charged with a DWI if you do not have the normal use of your facilities. The truth is, there is no safe amount of alcohol to consume when you drive.
You can also be charged with a DWI for driving and flying, as well as operating a boat or an amusement park ride.
Penalties You Might Face for a Texas Drunk Driving Charge
The penalties for driving while intoxicated in Texas are quite severe, even for a first-time offense. You may even face jail time. If convicted of DWI, you may face the following penalties:
First-Time DWI Conviction
You may face fines up to $2,000, 180 days in jail, loss of your driver’s license, and an annual fee of up to $2,000 each year for the next three years to hold a driver’s license.
Second DWI Conviction
The second time you are convicted of a DWI, you may face fines up to $4,000, up to one year in jail, the loss of driving privileges for two years, and fees of up to $2,000 a year to retain your license for the subsequent three years.
If your second DWI occurs within five years of your first, you may be forced to install an ignition switch that renders your car unable to operate if you have been drinking.
Third DWI Conviction
A third DWI conviction may bring fines of up to $10,000, 10 years in prison, loss of driving privileges for up to two years, and fees of up to $2,000 a year for three years to recover your license.
Facing a DWI Charge? Contact Eddington Worley Attorneys Today
If you are facing a DWI, your future is on the line. You want a legal advocate with experience fighting DWI cases. Contact Eddington Worley Attorneys at 855-600-6695 to learn more about protecting your rights.
