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Massachusetts DUI Law Information

Drivers convicted of OUI in Massachusetts face severe fines and penalties.

Texas DUI Law Information

Drivers arrested in the State of Texas for driving while intoxicated (DWI) will face severe DWI penalties, including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

Texas DWI defined

Chapter 49.01(2)(a) of the Penal Code defines intoxication as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of .08 or more." Section 49.04 of the Penal Code states that a person commits an offense of DWI “if the person is intoxicated while operating a motor vehicle in a public place.”

Texas Back or wash-out period: Lifetime

Texas does not have a wash-out or look back period. All DWI convictions will be evaluated and count against you if you are arrested for DWI a second, third or fourth time.

DWI Penalties in Texas

First DWI offense

  • Jail time of three days up to 180 days
  • Elevating penalties and fines if there is a minor present
  • Fines not to exceed $2,000 (up to $10,000 if minor is present)
  • Loss of driver’s license for up to one year
  • DWI annual surcharges of $1,000 to $2,000 for three years
  • 24 hours of community service required

Second DWI offense

  • Jail time of one month up to one year
  • Elevating penalties and fines if there is a minor present
  • Fines not to exceed $4,000 (up to $10,000 if minor is present)
  • Loss of driver’s license for 180 days up to two years
  • DWI annual surcharge of $1,000 to $2,000 for three years
  • Repeat offenders must complete a 32 hour DWI Program
  • Terms of probation are decided by a judge or jury
  • Community service required for a minimum 80 hours

Third DUI offense

  • Elevating penalties and fines if there is a minor present
  • Jail time of two to ten years in prison
  • Fines not to exceed $10,000
  • Loss of driver’s license for up to two years
  • DWI annual surcharge of $1,000 to $2,000 for three years
  • Installation of an ignition interlock device (if offense occurs within 5 years of previous offenses)
  • Up to 600 hours of community service

4th DUI offense

Additional penalties for a fourth DWI are not stipulated under Texas laws but are likely to include the following:

  • Jail time of two to ten years
  • Elevating penalties and fines if there is a minor present
  • Fines not to exceed $10,000
  • Loss of driver’s license for up to two years
  • DWI annual surcharge of $1,000 to $2,000 for three years
  • Installation of an ignition interlock device (if offense occurs within 5 years of previous offenses)
  • Up to 600 hours of community service
  • Court ordered treatment
  • Mandatory attendance in a substance abuse felony probation program
  • Possible probation in lieu of part of the prison sentence

DWI with a Child Passenger

Texas state laws consider driving while intoxicated with a minor in the car to be a very serious offense. Drivers may be charged with child endangerment for driving while intoxicated if they are carrying passengers younger than 15 years old. DWI with a child passenger is punishable by

-Fines up to $10,000
-Up to two years in state jail
-Loss of your driver’s license for 180 days

Administrative Penalties in Texas

Drivers in Texas have given their implied consent to submit to a chemical test if they have been arrested for DWI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Texas Department of Public Safety (DPS) and are imposed regardless of whether the driver is ultimately convicted of DWI.

Drivers who refuse the chemical test will face the following administrative penalties:

-1st offense: Driver's license revoked 180 days
-2nd offense: Driver's license revoked 2 years
-3rd offense: Driver's license revoked 2 years

To challenge an administrative license suspension, drivers must request an administrative hearing by contacting the Texas Department of Public Safety (DPS). If you do not request a hearing within 15 days from the DWI arrest your license will be automatically suspended within 41 days from the arrest.

(Read more: - state laws )



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