Jump To Navigation
Drunk Driving Penalties Remain Unchanged

This past legislative session, Texas lawmakers considered a number of bills to increase the penalties for drunk driving offenses. Despite these efforts, DWI laws and penalties largely will stay the same, for now. Lawmakers, however, are expected to reintroduce many of these measures in the next legislative session.

Move to Increase Jail Time

The legislature considered a bill that would have doubled the jail time for DWI offenders if their blood-alcohol level was 0.15 or higher at the time of the offense. Presently a lesser Class B misdemeanor with a minimum jail time of 72 hours, the drunk driving offense would be increased to a Class A misdemeanor if passed, meaning that first time DWI offenders that have a 0.15 blood-alcohol level or greater could spend up to an entire year in jail.

Additionally, the accompanying fine could be raised to $4,000. The way the law presently stands, a first time DWI offender is convicted of a Class B misdemeanor no matter how high the blood-alcohol level content may be.

Partial motivation for the bill may be the fact that in 2009, there were more drunk driving fatalities in Texas than in any other state. That year there were 1,269 deaths, which was the highest in the country.

Ignition Interlock and Checkpoints

The Dallas Morning News notes this bill was not the only drunk driving bill that failed in the legislature. Others included a bill that would make ignition interlock devices mandatory for first-time offenders and another that would have let local jurisdictions operate sobriety checkpoints, as 38 other states currently do.

While the legislature did not act this session, the push for change in the DWI laws in Texas will continue. And even though the penalties did not increase this year, the fines and potential jail time under the current system are severe and can affect a person's job, family and reputation.

Office Location

Terry W. Yates & Associates
6750 West Loop South, Suite 845
Bellaire, TX 77401

Tel: 877-520-7612 / 713-861-3100
Fax: 713-621-0000
Bellaire Law Office