DWI Punishments in Texas

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.

The suspected driver then has to undergo a breath or blood test.

DWI Tests in Texas

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.

Texas state law states that a blood alcohol level of 0. 08 is legally driving intoxicated.

In addition state law states there is already an implied consent, so refusal of such test is also against the law.

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.

This can also include a suspension of the drivers’ license for up to 180 days.

If there is a second or third offense then the driver will lose their driver license for two years for each offense.

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.

Refusing to take the test doesn’t guarantee that the suspected driver will not be convicted of driving while

intoxicated.

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.

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

Exceptions of DWI Test Refusal

There are certain exceptions to the refusal of a driving while intoxicated test.

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.