Texas DWI Crimes

Texas DWI Crimes Does Not Claim Victims

The foremost victims of DWI (Driving While Intoxicated), particularly in Texas, are the offenders themselves. I say so because they are the ones that go to jail, at worst. Most first time offenders of the DWI laws in Texas gets probation for about 1 to 2 years. Only very few, if any, goes to jail. And there are fewer second time offenders.

In Texas, anybody could be arrested and charged with DWI if found to be intoxicated with a .08 BAC (blood or breath alcohol concentration). Regardless of the person’s BAC however, one could also be arrested for DWI if impaired due to intoxication of alcohol or other drugs. Additionally, one can also be charged and fined $500, whether driving the vehicle or not, if an open alcohol container is found in the vehicle. The prescribed penalties for DWI in Texas for first time offenders would be a jail term of up to 180 days, a fine of up to $2,000 and the suspension of the driver’s license up to a year. The penalty becomes more stiff as the number of convictions grows higher. In truth however, and as I mentioned above, very few goes to jail. Offenders get community service or probation.

One may ask how this crime could be deterred if the penalty is too light. One of the reasons could be because the crime of DWI does not claim victims. Legally speaking and by definition, DWI is a victimless crime because it is considered to be a crime regardless of what effect it has on people. As the law states, as long as the driver is caught with a .08 BAC, he is already chargeable even if he did not run over a fence or a person.

Then what do I call those who die because they were run over by a drunk driver? Well that falls already under another offense, not DWI. If a person was injured or killed by an intoxicated driver, the crime he committed could be Intoxication Assault, Intoxication Manslaughter, or other equally victimful offenses like Boating While Intoxicated or Flying While Intoxicated.