The laws on driving while intoxicated are explained in Texas Penal Code §49.04. In Texas, it is unlawful to drive a motor vehicle in a public place while intoxicated. “Intoxicated,” according to
Texas Penal Code §49.01(2), means driving while not having the normal use of mental or physical faculties by reason of drugs or alcohol, or driving with a Blood Alcohol Concentration (BAC) of 0.08 or higher.
For a first DWI, an individual’s license can be suspended anywhere from 90 days to a year. For a second and third offense, typical license suspension is 180 days to two years. Fort Worth courts also often impose fines for DWIs, which can range from $2,000 to $10,000 depending upon the number of offenses and the facts of the case making it important that a Fort Worth DUI lawyer is contacted as soon as possible.
Most DWI cases are categorized as Class B misdemeanors and require a minimum of three days in jail. However, if an open container is also found in the vehicle, the minimum jail term is six days.
Having a BAC of 0.15 percent or greater while driving is a Class A misdemeanor, which is a more serious crime. The penalties for multiple offenses are also more severe. Getting convicted for a second DWI requires a minimum jail term of 30 days. Penalties can also be more severe if there is a child under 15 years old in the vehicle. DWI with a minor in the car is punishable by between 180 days and two years in jail, as well as a fine of up to $10,000 warranting the attention of a Fort Worth DWI attorney.
Penalties can also be more severe if a drunk driver causes an accident and injured someone. Intoxication assault, injuring a person while driving drunk, is a third-degree felony punishable by a prison sentence of two to ten years and a fine of up to $10,000. If someone is killed during the incident, the driver can be charged with intoxication manslaughter, a second-degree felony punishable by imprisonment from two to 20 years on top of a maximum $10,000 fine.