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.
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.
posted by DAVID B. FRANK, ATTORNEY at 10:48 PM
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