By Law Office of A. Oliver Hassibi

March 1, 2014

In Texas, if you are under 21 years of age and you test with a blood alcohol concentration level of 0.02% or greater after being stopped for suspicion of operated a vehicle while under the influence of alcohol, you can be charged with a DWI. Likewise, if you are over the age of 21 and you are tested and are found to have a BAC of 0.08% or more, you will be charged with a DWI. If you are a commercial driver you will be charged with a DWI if you test at a level of 0.04% or higher.

In Texas, a conviction for DWI carries with it a penalty of 3 to 180 days in jail, a fine of up to $2,000 (unless a child under 15 is in car, in which case the fine could be higher), and a license suspension of 3 months to 1 year. Keep in mind that Texas does not have a minimum “look back” period, so even if you had a DWI conviction 30 years ago, another DWI would be considered a second DWI. Many states have a period of time within which another DWI is considered your first, such as if the look back period is 10 years, and you have not had a DWI in 11 years, your actual second DWI would only be considered your first, for purposes of sentencing. No such luck in Texas.

If you refuse to take a blood alcohol concentration test, you will automatically lose your license for 180 days. For more information, contact the Law Office of A. Oliver Hassibi.