A DUI in Texas

Driving Under the Influence (DUI) is a serious criminal offense and the penalties can be severe. In Texas, a driver may be pulled over by a police officer if they exhibit signs of intoxication from alcohol, illegal drugs, or prescription drugs that alter their ability to safely operate a vehicle. These signs can include speeding, swerving, driving too slowly, or driving erratically. After being pulled over, drivers will be asked to show their driver’s license, auto registration, and proof of auto insurance. Drivers are then required to take a chemical test via breath or blood to determine their blood alcohol content (BAC) level. If a driver refuses, their license can be suspended for a lengthy period of time. Reinstating a license can be difficult and confusing. It should be noted that even if the driver’s BAC is under the legal limit for intoxication, they can be charged with a DUI if their driving is impaired and dangerous.

The penalties for a DUI depend upon the level of severity and the number of offenses. Generally, drivers are charged excessive fines, may serve time in jail or on probation, will lose their license for a period of time, and will also be charged annual fees in order to regain their license. There are special penalties if the driver convicted of DUI is under the age of 21, including mandatory alcohol awareness classes.

If the defendant is granted probation, there are many provisions the judge can order, including: regular check-ins with a probation officer; possible community service; monthly fees; alcohol awareness classes and avoidance of alcohol; and the installation of an alcohol ignition interlock device on the vehicle. Probation will usually be voided if the defendant commits another crime while on probation.

Drivers who are charged with a DUI with children in the car can be charged with a felony. If an accident occurs as a result of drunk driving and someone dies, the driver at fault can be charged with manslaughter.