What Are The Laws Regarding DUIs In Texas?


What Factors Might Enhance Or Aggravate A DUI Charge In Texas?

When you look at 0.08%, that’s a class B misdemeanor, up to 6 months in jail or up to a $1,000 fine.

If it’s at 0.15%, which is almost double the legal limit, then it’s a class A misdemeanor up to a year in jail and up to a $4,000 fine.

As the blood alcohol content gets higher, that can be an aggravating factor that the prosecutors can look at to decide what to do. Also, if you are involved in a fender-bender, then the guidelines of most prosecutor’s office says there is a minimum time that person has to serve in jail one way or the other.

If you have a child in a car, that becomes a felony offense. And if somebody is injured, or killed, you can have intoxication, assault, manslaughter and things of that nature that are all driven around a higher blood alcohol level.

Texas Laws For Drivers With A Blood Alcohol Level Below The Legal Limit

If someone is below the legal limit, and they are over the age of 21, then they’re not considered somebody that is guilty of DWI. However, if someone is under the age of 21, then they are just looking at the noticeable presence of an alcohol or a beverage that is commonly associated with the content of the alcohol. That’s because younger people need to be even more resolute about how they are doing it. They are required to be extra careful. That’s really the only difference when you go below 0.08, it’s based on their age.

What Are The Laws For A Commercial Driver’s License Holder?

If a commercial driver’s license holder receives the DWI, then they won’t be a commercial driver’s license holder. If they do, we’re looking at them driving a vehicle, that could do even more harm, so that’s one of the things the State of Texas just won’t allow.

And that’s all the more reason to hire an attorney who can work with this and possibly get the case dropped or reduced.

How Often Are Cases Seen Involving Illegal Or Prescription Drugs Versus Alcohol?

It is something that happens a lot. Around 10% – 15% of the cases seen at the courthouse are people on prescription medication. They have the bottle and the bottle has the little disclaimer on the back saying, “Don’t drive or operate a motor vehicle after taking this. Don’t combine with alcohol”, because it will enhance the effect.

Those warnings are on there and because the DWI laws are designed to protect the people around you, they are stuck with it if that’s the case. Generally, how police figure it out is when they are on the scene, they are trying to determine what happened. The officer is investigating and he says, “There is just not enough here to say that I believe alcohol plays a role,” and then they do a blood test.

When they get the blood test results back and they start examining what they show, they realize, “Okay. He is a DWI by the use of something other,” a controlled substance, a drug or something or a combination of the two and he’s DWI that way.

Laws In Texas That Address Having Marijuana Metabolites In Your System?

There are no laws addressing having marijuana metabolites in the system yet.

You can be DWI under the influence of marijuana but right then, they are looking at your driving and the statute itself is talking about not having the normal use of your mental or physical faculties by the introduction of alcohol, a controlled substance or a drug.

The fact that somebody has marijuana in their system because of 3 or 4 days before, that isn’t a crime that’s able to be punished by the state of Texas.

If you need information about the DUI Laws In Texas, call the law office of Bobby Dale Barina for a free initial consultation at (254) 699-3755 and get the information and legal answers you’re seeking.

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