Alcohol Ignition Interlock Nebraska
Have you heard the saying, "Don't mess with Texas?" Well, that's certainly true for their drunk driving laws, too. Driving under the influence (DUI) in Texas is referred to as driving while intoxicated (DWI). Under the Texas Penal Code, "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."
In Texas, intoxication doesn't just refer to alcohol. It includes illegal controlled substances like cocaine and inhalants, and even legal substances like prescription drugs. The State of Texas has defined "intoxication" to mean you don't have your normal mental or physical faculties because you've ingested one or more controlled substances, or the fact that your blood alcohol concentration (BAC) is .08 or more. However, for commercial drivers, it is illegal to drive with a BAC of.04 or higher, and for drivers under the age of 21, it is illegal to drive with a BAC of.02 or more.
The dui penalties for your first drunk driving conviction are harsh, and include a jail sentence from 72 hours to 180 days, a fine of up to $2,000, a driver's license suspension from 90 to 365 days, and a Texas DWI Surcharge of $1,000 a year for three years. If you had a child under the age of 15 in the vehicle, the jail sentence becomes 180 days to two years, and the fines increase to up to $10,000. And if your blood alcohol concentration (BAC) was.16 or above, the DWI surcharge increases to $2,000 per year for three years.
The penalties for your second Texas DUI get successively more severe. Your jail sentence ranges from 30 days to one year, the fine increases to up to $4,000, your license will be suspended from 180 days to two years, there is a Texas DWI Surcharge of $1,500 per year for three years, and you will be required to install an ignition interlock device (IID) in your vehicle. However, if your BAC was.16 or above, the Surcharge increases to $2,000 per year for three years. If you had a child under the age of 15 in the vehicle, the jail time ranges from 180 days to two years, and the fine increases to up to $10,000.
A third Texas DWI is simple, straightforward, and severe. You will be sent to jail from two to 10 years, you will be fined up to $10,000, your license will be suspended from 180 days to two years, and you are required to install an IID in your vehicle. If you are accused of DWI or DUI in Texas, you can have a trial by jury. The prosecutor must convince all the jurors that you are guilty beyond a reasonable doubt. This is a situation where expert dui defense attorneys can really help people, because they are experienced in how to poke holes in the prosecutor's evidence.
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