Drunk Driving in Texas

Impaired driving is taken very seriously in Texas, and rightfully
so. Intoxicated drivers claim hundreds of lives every year. They
endanger themselves and those they share the road with.
DRUNK DRIVING IN TEXAS

Drunk Driving Defined
According to the Texas Penal Code, the term
“intoxicated” is defined as:
 Not having the normal use of your mental
and physical faculties due to the consumption
of drugs or alcohol; and/or
 Having a Blood Alcohol Concentration (BAC)
of .08% or more.
The BAC limit is lower for certain classes of drivers.
For example, drivers under age 21 may not drive with
ANY detectable amount of alcohol in their system.
Commercial drivers are subject to a .04% BAC. It is
also illegal to have an open container of alcohol
anywhere in a moving vehicle.
CONTACT US TODAY: 800.444.5000

DUI vs DWI
 Driving Under the Influence (DUI)
is a charge against drivers under
the age of 21 who have any
detectable level of alcohol in
their blood. DUI is charged
under the Texas Transportation
Code (Section 521.342)
 Driving While Intoxicated (DWI)
is a charge given to intoxicated
drivers who have a BAC of
0.08% or above. It is typically
considered a much more serious
charge. DWI is charged under
the Texas Penal Code (Section
49.04 – in Title 10, Chapter 49)
Remember the difference: When you see DUI, think of the “U” as
a stand-in for “under 21”, the legal drinking age.

Impaired Driving (Alcohol & Drug)
Deaths (2016)
For the purposes of reporting, the Texas Department of
Safety combines Drug- and Alcohol-related offenses in
their fatality tables.
Intoxicated drivers 638
Persons in “victim” vehicles of intoxicated
drivers
149
Passengers in vehicles driven by intoxicated
drivers
143
Pedestrians and pedalcyclists 56
Other 1
Total Fatalities 987

Drunk Driving Crash Statistics
There were 884 fatal drunk driving
crashes in Texas in 2016.
There were also 18,727 confirmed
drunk driving crashes that caused
injuries: 2,302 of those injuries were
confirmed as “incapacitating” (serious),
while 15,143 were verified as “non-
incapacitating,” meaning that the
injured victims were not admitted to a
hospital after receiving emergency
treatment.

Charges and Penalties
(Non-Injury Accidents)
For drivers who are charged and convicted of drunk driving where no accident occurred, the following await the suspect.
This chart applies only to average adult drivers subject to .08% BAC.
Offense Charge Fine Incarceration License Suspension
First Class B Misdemeanor Up to $2,000 Up to 6 months (jail) 1 month
Second Class A Misdemeanor Up to $4,000 30 days to 1 yr (jail) 3 months
Third 3rd Degree Felony Up to $10,000 2 to 10 yrs (prison) 6 months

Charges and Penalties
(Enhancements)
There are variations on the above charges
which take into account the possibility of
injury or fatal accidents, BAC readings well
in excess of .08%, the presence of young
children in the vehicle, underage suspects,
and “habitual” offenders (more than three
convictions anytime within a driver’s history).
It is also against the law to refuse a
breathalyzer or blood test to keep law
enforcement from getting a BAC reading.
Suspects who refuse to be tested
automatically lose their license for six
months, and the refusal may be used
against them in court.

Drug-Impaired Driving
Texas’ drugged driving law applies to common
drugs like marijuana, cocaine, methamphetamine,
and opiates, a combination of two or more of
these substances, or any other substance in
the body. A driver can be charged with a
drug-related DWI for operating a vehicle while
impaired by any substance - even if it’s
prescribed by a doctor. Those convicted
generally face the same penalties as an
alcohol-related conviction. Such convictions can
be counted as a “prior offense” when
calculating punishment, regardless of whether
they involve alcohol, drugs, or a combination of
the two.

Can DWI/DUI Convictions be Removed
(Expunged) from Criminal Records?
Though many criminal convictions can
be expunged (sealed), DWI/DUI
convictions in which the suspect was
given probation or a jail or prison
sentence cannot be sealed or
expunged. There only two ways for
these offenders to try to clear their
records. They can first request a
pardon from the Governor or President,
both of which are quite rare. Or they
can petition for a writ of habeas
corpus.

Criminal Conviction =
Easier Civil Case
Drivers who are convicted of DWI, for either
drugs or alcohol, in addition to criminal
penalties may be subject to civil lawsuits
brought against them by injured victims or
the family survivors of those they kill in a
wreck. This means the injured plaintiffs can
be compensated for medical (and funeral)
expenses, lost income, pain and suffering,
and other legal damages from the convicted
suspect. If the suspect is convicted in
criminal court, collecting civil damages from
the convicted driver typically becomes
significantly easier.

Civil Lawsuits Against
Drunk Drivers
If you have been injured, or a family
member has been killed by a drunk
driver, the attorneys at Terry Bryant
Accident & Injury Law can help. Call
us today at 1 (800) 444-5000 or
send us a message online to arrange
a free consultation.

Drunk Driving in Texas

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Drunk Driving in Texas