According to the Texas Department of Transportation (TxDOT), “About
every 20 minutes in Texas, someone is hurt or killed in a crash involving
alcohol.” TxDOT urges Texans to take responsibility for their actions
and to NOT drink and drive.
How much alcohol is too much? Believe it or not, your body is impaired
after just one drink. Of course, various factors, such as your gender
and body weight, the number of drinks you consumed, and whether you’ve
eaten food all affect how your body handles alcohol. “Two or three
beers in an hour can make some people legally intoxicated,” according
to TxDOT. If you’re female, or if you’re a small person, you’re
more likely to become impaired by less alcohol than males or larger individuals.
Offense of Driving While Intoxicated
In Texas, the offense of
driving while intoxicated (DWI) is covered under
Section 49.04 of the Texas Penal Code. Under this section, you commit the offense of
DWI if you are “intoxicated” while operating a motor vehicle
on a public place or a public road. How does the state define intoxicated?
It means, “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,” according to Sec. 49.04(2)(A)
of the Texas Penal Code. “Intoxicated” also means to have an
alcohol concentration of .08% or more.
Penalties for a first DWI in Texas:
- A fine not to exceed $2,000
- Up to six months in jail
- Up to one year loss of driver license
- Annual fee up to $2,000 for three years to keep driver license
For each subsequent DWI offense, the
penalties increase accordingly. For example, a
second DWI is punishable by a maximum fine of $4,000, while a
third DWI is punishable by a $10,000 fine. The jail time and license suspension
period increase as well.
Need a Plano DWI lawyer?
Contact our firm today to get started!