DWI Punishments in Texas

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DWI Punishments in Texas
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As all drivers know, driving while intoxicated is
not only dangerous and often fatal it is also
illegal in the United States, so to combat this,
officers will stop drivers suspected of DWI.
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The suspected driver then has to undergo a breath
or blood test.
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DWI Tests in Texas
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Once a driver is arrested for suspicion of
driving while drunk, the officer in the state of
Texas have the option of administering either a
breath or blood alcohol test to confirm that a
suspected driver was indeed driving while
intoxicated.
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Texas state law states that a blood alcohol level
of 0. 08 is legally driving intoxicated.
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In addition state law states there is already an
implied consent, so refusal of such test is also
against the law.
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If a driver arrested for suspected driving while
intoxicated refuses to take one of the required
tests the driver will have their drivers license
suspended for at least 90 day, and will have to
spend three days in jail, but if there is an open
container discovered at the time of the arrest
then the driver will have to spend six days in
jail.
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This can also include a suspension of the
drivers license for up to 180 days.
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If there is a second or third offense then the
driver will lose their driver license for two
years for each offense.
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Further consequences that occur from refusal to
take the test is that the officer will require
the suspected driver to sign a statement that
says the officer warned you of the consequences
of refusal to take either a breath of blood
alcohol test.
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Refusing to take the test doesnt guarantee that
the suspected driver will not be convicted of
driving while intoxicated.
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The prosecuting district attorney can and most
often will use the fact that the suspected driver
refused to submit to one of the required tests
against you.
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Ultimately this could mean that a driver
suspected of driving while intoxicated can be
convicted without the state having to prove that
the drivers blood alcohol level was at least 0.08
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Exceptions of DWI Test Refusal
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There are certain exceptions to the refusal of a
driving while intoxicated test.
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These exceptions include if the suspected driver
is in an accident, if the driver has two prior
DWI convictions, or if the driver has one prior
DWI conviction and a child is present with the
driver, and the final exception to refusing the
required test if if you are in an accident that
leaves you knocked out or deceased.