In Texas, driving while intoxicated is defined as being behind the wheel, while under the influence of alcohol or any other controlled substance. Law enforcement officers are trained to use your blood alcohol concentration (BAC) to determine whether you are too intoxicated to operate a motor vehicle.
Texas uses the BAC limit of 0.08 to determine whether a driver is intoxicated behind the wheel. A BAC at or above 0.15 is punishable as a Class A misdemeanor. If a law enforcement official suspects that a driver is driving while intoxicated, the officer can request that a field sobriety test be performed. You do have the right to refuse these tests in the field.
If you are tested and found to be driving while under the influence, you will face certain DWI penalties. These penalties vary based on different factors, such as your age, type of driver’s license and external factors at the time you were pulled over. Common DWI penalties include:
- Fines (court costs and lawyer fees)
- Suspended and/or revoked license
- Community Service
- DWI education and intervention programs
- Higher rates on your car insurance
Texas subjects its drivers to what is called implied consent. This means that all drivers on the road have implied their consent to a chemical test if law enforcement officials suspect you are intoxicated.
If you refuse a chemical test, either a blood or breath test, law enforcement can then enforce an Administrative License Revocation (ALR), suspending your license separately from any other possible DWI penalties. Chemical test refusals can lead to license suspension between 90 days and 2 years.
If you have been charged with a DWI or found your license revoked through an Administrative License Revocation, the Law Office of Carlo Key is here to assist with your case. Call Carlo today for a free consultation on your rights and how he can help you win your case.