Driving while under the influence (DUI) or driving while intoxicated (DWI) in a public place (such as a highway, street, or parking lot) is an offense that has serious risks and consequences. After consuming a certain amount of alcohol, a person’s ability to drive becomes impaired. According to U.S. laws in all 50 states, it is illegal to operate a motor vehicle if a person’s Blood Alcohol Concentration (BAC) reaches or exceeds .08 percent. In the state of Texas, a person may be considered intoxicated despite BAC, if they have consumed any amount of alcohol or drugs. This means that there are two ways in which intoxication is established:

1. If a person does not have normal use of their physical and/or mental faculties due to the introduction of alcohol, drugs or controlled substances in their system. This includes prescription medicines that may impair driving.
2. If a person’s breath alcohol level (BAC) is or exceeds 0.08.

The state of Texas also has a zero tolerance policy for drivers under the age of 21. This means that it is illegal for anyone under the age of 21 to drive after consuming alcohol or drugs.

In the event that a person is stopped for drinking while driving, they are required to show their driver’s license and insurance. In addition to being asked where they are going or coming from, a person may also be asked if they have consumed alcohol and if so, in what quantities. An officer may then ask the driver in question to take a field sobriety test, in which they are asked to walk in a straight line (heel to toe), recite the alphabet or other activities gauging judgment and coordination. On failing a field sobriety test, an officer may then request the driver to submit to a breath or blood test. Based on these tests, the officer then determines whether the driver should be arrested and taken into the station for further tests. The refusal to take such tests is often considered an admission of guilt and is likely to result in penalties/fines in addition to arrest.

DUI vs. DWI

A DUI (Driving under the Influence) is a class C misdemeanor, often issued to minors (under the age of 21). This means that if a person is issued a DUI the first time, they will be fined up to $500 along with possible license suspension, but will not be arrested. In addition, a DUI may involve community service as well as probation. In such cases, the alcohol level of a driver is almost always lower than 0.08 percent, but is enough to impair judgment in operating a motor vehicle. In the case of minors, drinking and driving is against the law, regardless of BAC. Subsequent DUI’s are subject to jail time.

A DWI (Driving while intoxicated) is a class B misdemeanor, in which a driver is considered intoxicated by law. This means that a person’s alcohol concentration is found to be 0.08 percent or higher, while having operated a motor vehicle, as tested through their blood, breath or urine. Intoxication can also be determined despite the blood alcohol level being lower than .08 percent, if the person in question’s ability to drive seems impaired. If a person is issued a DWI, they may be fined up to $2000 in addition to jail time, probation and jail time. 72 hours is the minimum jail time enforced in a DWI case, unless open containers of alcohol were also found in the driver’s possession, in which case jail time may be at least six days. In a DWI case, the maximum jail time allowable is six months. Regardless of whether a driver is arrested for a DWI or not, if their blood or urine test yields a positive result, their driver’s license will be suspended for a period of at least 6 months to one year. The completion of an education program may also be enforced. Subsequent DWI convictions result in a lengthier period of license suspension of 18 months.

As of September 2003, the state of Texas passed a new law to impose surcharges for persons arrested and convicted of driving while intoxicated. Under this law, those who refuse a blood test will pay a surcharge of $1000 per year for three years ($3000), those whose BAC is less than 0.16 will pay a surcharge of $1000 per year for three years ($3000) and those whose BAC is above 0.16 will pay a surcharge of $2000 per year for three years ($6000). In addition, repeat offenders will have to pay $1500 per year for three years ($4500).