Identifying Circumstances When You Need A DUI Defense

Texas drivers are prohibited from driving while under the influence of alcohol or controlled substances; hence, anyone suspected of this offense will be stopped by law enforcement. By law, these drivers are required to comply with the implied consent ruling, which requires them to submit to testing for the presence of these substances. An attorney provides a DUI defense for any drivers who are charged formally with a DUI.

What Constitutes a DUI?

A DUI is indicated with a blood alcohol reading of 0.8 percent for all adults who are at least twenty-one. The minimum is lowered to 0.04 percent for all commercial drivers. For minors below the age of twenty-one a DUI is implied with any blood alcohol reading.

What Penalties Apply to the First Offense?

The penalties applied to a first offense begin with a $2,000 maximum fine. The driver must pay a surcharge that reflects the driver’s fines for the next three years. Any failure to pay the surcharge results in a license suspension which, based on the DUI charge, could be for two years. These drivers must spend no less than three days in county lockup; however, the court could apply a six-month sentence. All drivers must complete an alcohol education course. The circumstances of the charge could require the driver to install an ignition interlocking device in their car at their own expense.

What Are the Penalties for Drivers Under 21?

For any drivers under twenty-one, the penalties begin with a fine of $500, and the court could assign a sentence to the county jail for one year. The driver must finish an alcohol education course for no less then twelve hours; if not, a license suspension of one hundred-eighty days is applied. The applicable license suspension for this offense, however, is ninety days. The driver must install an ignition interlocking device in their vehicle.

In Texas, all drivers must follow all traffic laws, which apply to driving while intoxicated or under the influence of controlled substances. If the driver is convicted of these charges, they face criminal penalties based on any previous convictions on their record.

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