Drunk driving is a serious criminal offense in Texas. When a driver is impaired due to the use of alcohol, controlled substances, or prescription drugs, he or she can face charges of driving while intoxicated (DWI), and a conviction will result in driver’s license suspension or revocation, as well as other consequences, such as being required to pay fines or being sentenced to time in prison. In many cases, drivers will also be ordered to install an ignition interlock device in any vehicles they drive after regaining their driving privileges.

What Is an Ignition Interlock Device?

A breath alcohol ignition interlock device (BAIID) is a breathalyzer that measures a person’s blood alcohol content (BAC) and prevents them from operating their vehicle if they have been drinking. A driver will breathe into the BAIID, and if the device registers a BAC that is above a certain limit, the vehicle will not start. In addition to providing a breath sample when initially starting a car, a driver will also be required to measure their BAC at regular intervals, and the device will take a picture of the person to ensure that the vehicle’s driver is the person providing a breath sample. Typically, drivers will be required to pay all costs related to the installation of a BAIID in their vehicle, as well as ongoing maintenance fees.

Drunk driving is a safety issue that affects everyone who travels the roadways. Because alcohol or drug use can make it difficult or impossible to drive safely, police officers are always on the lookout for behavior that may indicate that a driver is intoxicated. Drivers who are pulled over by law enforcement on suspicion of driving while intoxicated (DWI) will likely be concerned about what they can do to protect their rights, and they should be sure to understand how to respond when asked to submit to any testing to determine whether they are impaired.

Texas’ Implied Consent Law

In the state of Texas, anyone who obtains a driver’s license is considered to have consented to have his or her blood alcohol content (BAC) tested if arrested on DWI charges. This is referred to as “implied consent,” and it means that drivers can face consequences if they refuse BAC testing after an arrest.

It is well-known that drunk driving is against the law. Alcohol intoxication can make it difficult or impossible for a person to drive safely, and it can lead to dangerous car accidents in which people are injured or killed. Because of this, Texas drivers who operate a vehicle after drinking alcohol or using drugs can face serious criminal charges. Even a first-time DWI offense can lead to multiple penalties that can affect a person for years to come, and those who are facing these types of charges will want to work with a criminal defense attorney to determine the best defense strategy.

Criminal and Administrative Penalties for a First DWI Offense

Under the Texas Penal Code, a person may be charged with the offense of Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while they have a blood alcohol concentration (BAC) of .08 percent or more. A person may also be considered intoxicated if they have lost their normal physical or mental faculties because of the use of alcohol, controlled substances, prescription medications, or any combination of these substances.

As you prepare for Thanksgiving, it is important to be aware of the increased risk of being arrested on suspicion of drinking and driving. Holiday get-togethers often involve alcohol consumption, and because of this, police officers will be on the lookout for intoxicated drivers during the extended holiday weekends in November and December. Those who expect to consume alcohol will want to understand the steps they can take to avoid being arrested for driving while intoxicated (DWI) in Texas.

Operation CARE and No Refusal Weekends

The Texas Department of Public Safety (DPS) has stated that it will be increasing its enforcement efforts over the Thanksgiving weekend, lasting from Wednesday through Sunday. During this time, officers will be conducting more patrols than normal and looking specifically for drivers who are suspected of drunk driving, as well as other traffic violations, such as speeding and driving without a seat belt.

Drunk driving is illegal, and a person can face criminal charges for driving while intoxicated (DWI) by alcohol or drugs. In many cases, DWI charges occur because of a lapse in judgment or because a person believed that it was safe to drive without realizing that he or she was above the legal limit for blood alcohol content (BAC). 

Being convicted of DWI in Texas can have a variety of serious consequences, including driver’s license suspension, thousands of dollars in fines, time in prison, probation, community service, participation in DWI education programs, and the requirement to use an ignition interlock device (IID). In many cases, a person will face DWI charges after being pulled over by a police officer, but unfortunately, some cases involve serious car wrecks that may result in the injury or death of others. In these cases, a person who is being charged with DWI should be sure to understand the charges that may apply and the potential penalties he or she could face.