New Texas DWI Laws

Results from the 77th Legislative Session


SUSPENSION PERIODS INCREASE FOR DRIVING WHILE INTOXICATED CONVICTIONS -- OFFENDERS WHO REPEAT WITHIN FIVE YEARS:

If you are convicted of a second or subsequent DWI within 5 years of your last conviction, you will face stiffer penalties and more serious driver's license suspensions. If you commit a second or subsequent DWI or intoxication manslaughter within five years of your most recent DWI, your driver's license will be suspended for one year. Additionally, if your driver's license is suspended for a second or subsequent intoxication assault committed within five years of your most recent intoxication assault, the suspension continues for a period of one year.

- You will serve a minimum of 5 days in jail as a condition of probation. You will be ineligible for an occupational driver's license for one year. You will be required to have an ignition interlock device installed in any car you operate for one year after your license is no longer suspended.

SUSPENSION PERIODS INCREASE FOR DWI ARRESTS:

FAILING THE BREATH TEST (21 YEARS OF AGE AND OLDER)

If you are asked to perform a DWI breath test and you fail the breath test, your driver's license will be suspended for 90 days. The suspension increases to 1 year if you have had a previous alcohol-related or drug related enforcement contact within 10 years of the date of your arrest. A breath test failure in Texas means you have a Blood Alcohol Concentration of 0.08 or higher.

REFUSING THE BREATH TEST (21 YEARS OF AGE AND OLDER

If you refuse to take the breath test, your driver's license will be automatically suspended for 6 months. The suspension increases to 2 years if you have had a previous alcohol-related or drug related enforcement contact within 10 years of the date of your arrest.

The police are now authorized to confiscate your driver's license at the time of a DWI arrest for refusal to take, or failure of, a breath test. The officer will issue you a temporary driver's permit that expires on the 41st day after the date of issuance. The fee for reinstating your driver's license after suspension has gone up to $125.00.

FAILURE TO SURRENDER YOUR DRIVERS LICENSE IS A CRIME:

It is a Class B misdemeanor if you fail or refuse to surrender your driver's license after law enforcement personnel have demanded it.

Please Read:

USE GOOD SENSE WHEN YOU DRINK. EACH YEAR PEOPLE DIE AND ARE SERIOUSLY INJURED BECAUSE OF DRUNK DRIVERS. ASK SOMEONE ELSE TO DRIVE WHEN YOU HAVE BEEN DRINKING. TAKE A TAXI CAB HOME. REMEMBER, DWI IS EXPENSIVE TO DEFEND. KNOW YOUR RIGHTS. YOU HAVE THE RIGHT TO REFUSE ALL TESTS AND QUESTIONING BY THE POLICE. YOU HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER. IF YOU HAVE NOT BEEN CONVICTED OF A DWI IN THE PAST FIVE YEARS, YOU ARE ELIGIBLE FOR AN OCCUPATIONAL DRIVER'S LICENSE IF YOU REFUSE THE BREATH TEST.

DWI Facts

LAW ON DWI / TEXAS DWI LAW FACTS & INFORMATION
DRUNK DRIVING IS VERY SERIOUS!

Evaluating A Texas Drunk Driving DWI Case and the Deciding Factors.

The law states that in most Texas DWI cases, there are 3 pieces of evidence open to one interpretation of the law, include breath test/chemical tests ( were the regulations followed? What is the validity due to lack of regulations).

Police Reports:

The police report is only the officer's interpretation.

Were you properly read your Miranda warnings?

Did the police officer stop you for a valid reason?

Were any statements made by you coerced, taken out of context, or misinterpreted?

Important:

The Intoxilyzer 5000 assumes that everyone has the same blood breath partition ratio, hematocrit ratio and assumes that all samples are at an air temperature of 93.2 F. Texas DWI Law does not utilize any methods which would allow for a retest of samples given. The computer software is proprietary and is not available to scientific peer review. There are many things which have been shown to affect a breath test score. These machines are generally not available for inspections by anyone outside of law enforcement. Texas does not allow for non-law enforcement or government personnel to become certified as breath test technical operators. Much of the Texas breath program remains limited to outsiders despite a generally assumed belief that these machines have undergone and passed wide general scientific review.

Field Sobriety Tests:

Police make arrests on the basis of probable cause. This is not the same thing as "beyond reasonable doubt." It is not a police officer's job to determine if someone is guilty. Many police offers choose to arrest on the basis of caution.

There is much technical training for a police officer in the field of Texas DWI Law. There is no law in Texas which states they must keep up their training on a yearly or any other type of basis with respect to standardized field sobriety training. Many police officers do not make any form of notes on the side of the road with respect to numerous details. Most police officers do not include mitigating or exculpatory information in their reports, mainly negative observations.

Where there distractions during the testing? Were you nervous or tired during the testing?

If there was a video taping of the event, does it accurately depict your true state of sobriety at the time, or was it unfairly effected by perhaps traffic, poor lighting, noise, or lack of sound.

What is your true balance and coordination?

Do you have any physical disabilities that can cause false results?

By retaining an attorney today, you will be aware of your rights! Police reports, breath test results, and video tape will be reviewed in an effort to uncover possible defenses that you may not be aware of.