Most people have heard of the acronym DUI or, driving under the influence. However, some may be unfamiliar with DWI. DUIs typically refers to the act of driving while intoxicated from alcohol consumption. DWI or driving while impaired, is a broader term. Both of these can cause significant harm to others, not to mention your driving record.
You should never drive after using any sense or perception-altering substances. Every day, 28 people in the United States die from drunk driving accidents. To ensure you never play a role in that statistic, always designate a sober driver for outings that involve alcohol or drugs.
What qualifies as a legal intoxication in the state of Texas?
In most states, including Texas, you are legally intoxicated when your blood alcohol concentration reaches 0.08 percent. Regardless of your blood alcohol concentration, however, you are considered to be breaking the law the moment that a substance affects your ability to operate a vehicle of any kind. Boating and piloting follow the same rules when it comes to operating machinery under the influence.
What if you are caught with alcohol in your vehicle?
As long as you are of legal age, it is perfectly legal to drive with alcohol that is properly sealed or closed. For example, you would not be penalized for bringing alcohol home that has been purchased from the store. However, if you decide to open that alcohol before arriving home, you will be in violation of open container laws.
Open container laws prohibit people from driving with open cans or bottles of alcoholic beverages. Even if you are sober, you can be penalized for an open container. Whether or not you are currently intoxicated does not affect the illegality of driving with open alcohol containers in your vehicle.
What if you drive drunk with passengers in your vehicle?
Driving with any passengers in your vehicle while you are intoxicated is extremely careless and dangerous. In some cases, your fines and penalties may be worsened depending on the passengers in your vehicle. For instance, driving with a child passenger will earn you additional charges like child endangerment. Fines associated with DWIs and DUIs involving children reach up to $10,000 and are commonly accompanied by jail time and license revocation.
What is the penalty for a DWI or DUI?
Aside from the possibility of injuring or killing others on the roadway, hefty punishments await those who break DWI laws. A first-time offender could be subjected to a $2,000 fine, up to 180 days in jail, and the loss of their driver’s license for up to a year. If that person is charged with another DWI in the future, the fine will be up to $4,000, a two-year license revocation, and between a month and a year of jail time.
Third-time offenders may be sent to jail for anywhere between two to 10 years, accompanied by up to $10,000 in fines and the loss of their driver’s license for up to two years. In addition to the fines mentioned above, Texas holds the right to assign an additional state fine. These extra fines might be $3,000, $4,500, or $6,000, depending on the individual circumstances surrounding the DWI.
Texas DWI laws are subject to change, so it can be beneficial to keep up with local rules and regulations. The Texas Department of Transportation urges people to exercise caution on the road in all circumstances. When attending holiday or sporting events wherein many people drink alcohol, it is essential to coordinate rides to stay safe. For more information regarding DWI laws and recent changes to legislation, visit texaslawchanges.com.
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