In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a 0.08 blood or breath alcohol concentration. It is important to keep in mind that certain factors such as gender, body weight, amount of food consumed, and number of drinks a person had and in what time frame, affect the body’s ability to handle alcohol.

Texas law defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of .08 or more.”

Punishment for DWI varies and is generally as follows:

First Offense

  • A fine of up to $2,000
  • Three days to 180 days in jail
  • Loss of driver license up to a year
  • If blood alcohol content is 0.12 or higher, increased penalties may apply

Second Offense

  • A fine of up to $4,000
  • One month to a year in jail
  • Loss of driver license up to two years

Third Offense

  • A $10,000 fine
  • Two to 10 years in prison
  • Loss of driver license up to two years

If a driver has been convicted of DWI within the past ten years, or caused an accident with injuries, he or she may be charged with felony DWI. In addition, driving while intoxicated with a passenger under the age of fifteen may also result in a felony DWI charge.

If you are charged with a DWI in Denton County, call YALE LAW GROUP at 940/891-4800 immediately!