A night out can change in an instant. A sudden decision to drive home can quickly lead to a flash of police lights in your rearview mirror. A DWI (driving while intoxicated) does not simply result in an embarrassing traffic ticket. It is a life-changing event that could cost you thousands in legal fees, could lead to the loss of your driving license, and could even result in a jail sentence. However, DWIs are 100% avoidable.
Knowing the facts about blood alcohol concentration (BAC) and having some simple strategies before you take that first drink will help you protect your future, your finances, and the lives of all people on the road. Below, we look at DWI facts and the effective measures you can take to avoid a DWI and always get home safely.
A First-Time DWI in Texas Can Lead to Thousands of Dollars in Financial Penalties
If you are going through a first DWI (driving while intoxicated) offense, you may assume that the first thing you are facing is a minimum fine of $2,000. While that number is daunting on its own, it is only a fraction of the overall cost. The reality is that the financial impact of a single mistake behind the wheel can easily push your total costs past $15,000.
The real surprise is the state's “super fines” (officially classified under the Texas Traffic Safety Fine system). This is a mandatory administrative penalty assessed automatically at sentencing and has a serious impact on your finances. The first conviction could result in a $3,000 fine, payable over 3 years. The penalty increases to $6,000 if blood alcohol concentration (BAC) is 0.15% or greater.
Add your defense attorney fees, bail, court costs, probation costs, and the cost of the mandatory SR-22 insurance (more than double or triple your premium for years), and a DWI turns into a significant financial burden.
Before you take your first sip, calculate how much an Uber or Lyft would cost you to go from your house to downtown and back. Pre-book and prepay rideshare before leaving home. Think of the rideshare cost as a small upfront investment for your night out. Paying for a safe ride now protects you from a potential $15,000 disaster later.
You Can Be Arrested With a BAC Reading Below 0.08 g/100 mL (0.08%)
You may have heard that the legal BAC limit is 0.08%. However, it is important to note that this number only represents the "per se" limit, which means that if you are at this blood alcohol concentration, you are considered legally intoxicated, no matter how sober you feel. However, according to Texas Penal Code § 49.04, the state does not require a chemical test as evidence to prove that you committed a DWI.
Intoxication is defined in two ways under Texas law:
- If a person has a blood alcohol level of 0.08% or more
- If a person has a loss of the normal use of mental or physical faculties, because of alcohol, drugs, controlled substances, or a combination of these substances
You may be arrested and prosecuted at a 0.05% BAC or less if you have trouble with field sobriety tests, if your speech is slurred, or if you are driving while impaired. Unlike a public intoxication charge, which is a fine-only Class C misdemeanor carrying a maximum $500 fine and no jail time, a DWI is a serious traffic crime. Even if your BAC is under 0.08%, if the state proves you lost the normal use of your mental or physical faculties, you face a Class B misdemeanor. This carries the same severe penalties as any other drunk driving conviction. You could face:
- Up to 180 days in county jail
- A driver's license suspension of up to a year
- Thousands of dollars in permanent financial costs
If you feel the effects of alcohol at all, you are already legally at risk.
Never make your transportation or driving decisions after your first sip of alcohol, because alcohol inherently impairs the very judgment you need to evaluate your own sobriety. Instead, give your keys to a trusted sober friend or family member, lock them up, or leave your car at home before you go out. Removing the physical availability of your car before drinking takes away the temptation of driving while intoxicated.
Drugged Driving Is Treated No Differently Than Drunk Driving
It would seem like Texas DWI laws would only apply to cases involving driving while intoxicated. In fact, the DWI law does not distinguish between alcohol and other drugs. It is legal to be arrested, charged, and convicted for a DWI for being intoxicated on any drug or substance that affects a person's driving ability, including illegal drugs, prescription medications, cannabis products, or any other impairing substance.
Prescription drugs like Xanax for anxiety, Ambien for sleep, and strong opioid pain relievers for an injury leave you legally exposed as soon as you get behind the wheel. The state is not required to prove that you used or were under the influence of an illegal substance. The state only needs to prove that you lost the use of your mind or body.
Texas law enforcement uses specially trained officers called Drug Recognition Experts (DREs) to detect drugs since standard breathalyzers will not detect drugs. If an officer does the check and believes that the impairment may not be due to alcohol, they will subject you to a 12-step Drug Recognition Expert clinical and physical evaluation, which involves:
- Checking your pulse
- Tracking your pupil dilation in darkroom tests
- Checking your muscle tone
The results of these tests will be relied on to make a case against you.
To avoid facing DWI charges, especially if you use prescription medication, be sure to read prescription labels before driving. If the pill bottle says “May cause drowsiness” or “Do not operate heavy machinery," then you should treat consuming the pill like taking alcohol. Your car is heavy machinery. Furthermore, do not drive while your body is adjusting to a new prescription or dosage change. If you have to take your medicine, get out of the driver's seat and make other arrangements to get home.
You Can Still Be Arrested for DWI the Morning After Drinking
Driving While Intoxicated (DWI) is not something you must end up with after going home from a night of drinking at 2:00 AM. Many drivers do not know that sleep does not magically flush out alcohol from their system, which is why arrests take place at a high rate during early-morning rush hour.
On average, the body eliminates alcohol at approximately 0.015% BAC per hour, although this varies by individual. The common hangover remedies, for example, drinking black coffee, taking a cold shower, or having a big breakfast, may help you feel more awake but will not affect how quickly your body can get rid of alcohol. If you go to bed intoxicated, you may still be impaired when you wake up.
When you get behind the wheel the next morning with alcohol still flooding your system, your reaction times are sluggish, and your coordination is compromised. You can be charged with similar serious consequences if you get pulled over by a police officer for a minor traffic infraction on the way to work, and they smell alcohol on you.
If you have been drinking until early morning, then you have to presume you are intoxicated even at 8:00 AM. Do not rely on how awake you feel. Instead, plan for the next morning. Organize for carpooling, public transportation, or ridesharing, or just stay home. The only way to prevent an unanticipated morning catastrophe is to allow your body time to process the alcohol completely.
Texas Field Sobriety Tests Have Important Limitations
If a police officer stops your car because he/she suspects you are driving while intoxicated (DWI), he/she will probably require you to exit the car and complete Standardized Field Sobriety Tests (SFSTs), namely the following:
- The Horizontal Gaze Nystagmus (eye-tracking test)
- Walk and Turn
- One-Leg Stand
Although you might think of these as easy checks to prove you are safe to drive, they are actually designed to help officers determine whether probable cause exists for an arrest.
The reality is that these subjective agility tests are practically designed for failure. Even the very sober can find perfect balance challenging in roadside conditions such as uneven pavement, loose gravel, passing traffic, flashing police lights, and heavy winds. Throw in the fact that a driver is nervous, tired, ailing, or wearing the wrong shoes, and a sober driver can easily fail in the eyes of the officer.
Crucially, in most cases, participation in field sobriety tests is voluntary, although refusal does not prevent an officer from making an arrest based on other observations. You can refuse the tests, and that does not impose the penalty of losing your driver's license as refusing a post-arrest breath or blood test does.
When stopped, stay calm, place your hands on the steering wheel, and give your driver's license and proof of insurance when requested. If the officer wants you to leave the vehicle and do a few roadside gymnastics or answer incriminating questions about how much you have had to drink, invoke your legal rights. Firmly and courteously say, “I refuse to perform any physical examination," or "I respectfully choose not to answer questions and would like to speak with an attorney.” This keeps unreliable, one-sided data out of the police report.
If You Have an Open Container in the Car, Your Penalties Escalate
You may believe you can have a bottle of alcohol in your cabin as long as you are not drinking while driving. However, that is not true. The mere possession of an open, unsealed container of alcohol in the passenger compartment of a vehicle on a public highway is a crime under Penal Code § 49.031. The law is in effect while driving, at a red light, or parked.
An open container refers to any container, whether a bottle, can, or flask, that is broken, open, or from which the contents have been partially removed. Possession of one alone will result in a Class C misdemeanor and a fine of up to $500.
The real danger occurs when you are pulled over on suspicion of DWI, and you have an open container in your hand. Instead of facing the standard first-time DWI mandatory minimum of 72 hours in jail, the presence of that open container legally enhances your charge. A judge cannot waive this sentence, even if you are granted probation. A conviction doubles the jail term to 6 days.
It is in your best interest to avoid carrying half-full bottles of wine from a restaurant meal or unsealed liquor bottles, or opened beers from a tailgate in the cab, glove box, or center console of the car. The passenger area is not the trunk, or the area behind the last upright row of seats in an SUV, according to the law. Always put the open containers securely out of reach in the car, not the trunk, or the area behind the last upright row of seats in an SUV, according to the law.
Commercial Drivers Face Stricter DWI Standards
As someone with a Commercial Driver's License (CDL), you are bound by far more stringent state laws than the typical motorist. Texas state law fully implements Federal Motor Carrier Safety Administration (FMCSA) regulations that reduce the legal limit by half. Any blood alcohol concentration (BAC) of 0.04% or higher for a person operating a commercial motor vehicle (CMV) is an automatic per se DWI charge. For most people, it takes only one or two drinks to become mildly impaired.
Most importantly, the threat to your career does not end when you clock out. Your driving record is tied to your personal and professional driving records. Even if you are arrested for a DWI while driving your personal sedan or truck during the weekend, and the blood-alcohol concentration is at or over the 0.08% limit, the conviction will still automatically lead to a one-year disqualification of your CDL. The suspension is also three years if you were driving a commercial vehicle containing hazardous materials at the time of the arrest, and would be a second suspension for a second offense involving hazardous materials, resulting in permanent CDL loss.
Worse yet, while standard drivers can get a temporary license to drive to work during a suspension, Texas does not offer a temporary license for CDL holders. In case of disqualification of your commercial privileges, you will be barred from running a commercial vehicle, and your business will be jeopardized.
If your livelihood depends on your CDL, you cannot afford to guess whether you are safe to drive. The 0.04% limit is extremely low, and a "zero drinks before driving" policy is necessary, whether the vehicle is a commercial rig or your own. If you are thinking of consuming one drink, take a rideshare or have a designated driver.
Minors Face "Zero Tolerance" DUIA (Driving Under the Influence of Alcohol by a Minor) Laws
The legal BAC level of 0.08% is entirely irrelevant in Texas when it comes to those under 21 years of age. The State's Zero Tolerance Law (Texas Alcoholic Beverage Code § 106.041) prohibits minors from operating a motor vehicle or watercraft in any public place while having any detectable amount of alcohol in their system.
The State is not required to demonstrate that you were driving in an unsteady manner or that you were physically unable to drive your car. Any detectable amount of alcohol may result in a DUI-by-a-minor charge.
A first-time DUIA is a Class C misdemeanor. It does not have an immediate impact on jail time, but it does result in:
- A fine of up to $500
- A 60-day driver's license suspension
- Up to 20 hours of mandatory community service related to alcohol misuse (as a parent, you may be required to attend this with your child)
- An alcohol awareness course
Even worse, if an underage driver is driving with a BAC of 0.08% or higher or if an underage driver is determined to have lost the use of his/her senses and faculties, then the charge is upgraded from DUIA to a DWI (generally a Class B misdemeanor for a first offense) with up to 180 days of jail time and 1 year of driver's license suspension.
As a parent, you need to have a clear, direct discussion with your teen about the reality of the zero-tolerance law. Create a safe, no-blame deal. If your teen ever finds themselves in a situation where they or their designated driver has had something to drink, he/she can call or text you for a ride at any hour of the night without the worry of being grounded, scolded, or punished. Having a sure, safe lifeline takes away the panic that can cause teens to make a fatal decision while driving.
Find a DWI Defense Attorney Near Me
The key to avoiding DWI is good planning and an understanding of the legal rights you have. Now that you know the issues that could result in a DWI charge, you can take steps to safeguard your driving privileges and your financial future.
However, if you have made a mistake and are now being charged with a drunk driving offense, then do not take a chance. You generally have only 15 days from the date you receive notice of suspension to request an administrative license revocation (ALR) hearing. Call the seasoned lawyers at Fort Worth DWI Defense Lawyer today at 817-470-2128 for a free consultation.
