The Texas DWI Law
According to the Texas Penal Code, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.” Furthermore, in the Texas legislature, the term “intoxication” has been defined in two ways:
1. 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 2 or more of those substances, or any other substance into the body, or
2. Having an alcohol concentration of 0.08 or more. The law allows for intoxication by way of any intoxicating substance. It is no defense that the intoxicating substance was a prescribed drug; if any substance, legal or illegal, deprives a driver of the normal use of mental or physical faculties, the case may be prosecuted.
The moment that an individual is caught driving while under the influence of alcohol, these are the punishments he has to face:
First Offense: It is considered as a Class B Misdemeanor, a person will be obliged to pay a $2000 fine and spend up to 180 days in jail. His driver’s license will also be suspended for 90 days to 1 year.
Second Offense: The fine will reach $4000 and imprisonment will be for 30 days to 1 year. Suspension of the driver’s license will be 180 days to 2 years.
Finally, for the third offense: The fine will be up to $10000. The arrested person will also spend 2 to 10 years in the penitentiary and the license is suspended 180 to 2 years.
