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Texas DUI State Law

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Texas DUI Laws

Texas Implied Consent
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Texas DUI laws allow police officers to pull you over and arrest you whether or not you fail a chemical DUI test. If you have been charged with DUI, it is critical that you seek out a qualified, specialized Texas DUI lawyer to provide you with legal counsel. These laws are incredibly difficult to work around yourself, but attorneys may be able to get reduced charges for you, or even get them dropped.

Texas Blood Alcohol Concentration Laws

Under Texas DUI laws, you do not have to fail a chemical test to be charged with and CONVICTED of DUI in the state. If a police officer can show that you were impaired and unable to operate a motor vehicle safely, they can charge you. Specifically, failure to pass field sobriety tests, you’re driving pattern and your appearance may be used against you in this way.

In addition, you will be charged with DUI if you fail a chemical test (blood, alcohol, or urine.) If your BAC is .08 percent or higher, you will be in violation. If your blood alcohol level is .15 or higher, you may experience enhanced penalties. This can include extended jail time and fines, as well as a driver's license revocation double that of the offenses listed below.

Implied Consent Laws

Texas has implied consent laws. This means that by operating a vehicle on the state's roadways, you are consenting to a chemical test to provide your level of intoxication. If you refuse this test, the police officer will confiscate your driver's license. You may get a temporary one until your court date. At that time, your refusal to take a chemical test will be entered as evidence against you.

1st DUI Offense

A first offense will result in the following Texas DUI penalties:

  • 72 hours in jail mandatory, up to 180 days
  • Fine of up to $2000
  • Driver's license suspension for on less than 90 days up to 1 year
  • Ignition interlock device may be required to be installed
  • Misdemeanor charge

2nd DUI Offense

Texas does not have a look back period. This means if you have ever been convicted of a DUI in the past, a second offense will warrant these, stricter penalties:

  • Fines up to $4000
  • 30 days in jail, up to a year
  • Driver's license suspension for at least 6 months, up to 2 years
  • Ignition interlock device installation is likely
  • Charge is a misdemeanor

3rd DUI Offense

Things escalade quickly from here:

  • You will be charged with a 3rd Degree Felony
  • Up to a $10,000 fine
  • No less than 2 years, up to 10 years in penitentiary is required
  • Driver's license is suspended at least 2 years
  • Ignition interlock device will be necessary

Hire a Texas DUI Lawyer

The fact is, these charges are strict. Texas DUI laws are difficult to navigate on your own. For this reason, you are better off using a Texas DUI lawyer who specializes in this area of the law. They will help you to get charges reduced or dropped. It is critical that you contact them as soon as possible.

Contact Texas Drunk Driving Attorneys


  • Katy
  • Laredo
  • League City
  • Lewisville
  • Mcallen
  • Mesquite
  • Mission
  • New Braunfels
  • North Richland Hills
  • Palestine
  • Pasadena
  • Pharr
  • Plano
  • Richardson
  • Richmond
  • Round Rock
  • San Antonio DUI Lawyers
  • San Benito
  • San Marcos
  • Seguin
  • Spring
  • Sugar Land
  • Victoria
  • Weslaco

Texas DUI Legal Web Resources

Texas DMV DUI Information TexasDWI.org DUI Guide
Texas Lawyer Directory
Texas Department of Public Safety
Texas Police Directory Texas State Laws and Penalties - DUI


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