We are all aware that drinking and driving is a risk that could result in a DWI, or DUI. Laws change all of the time in an attempt to cut down on the DWI violators and each state has different DWI or DUI laws. In Texas, at the end of 2011, there were some amendments made to DWI laws that are worth knowing about.
You may be asked to take a breathalyzer, blood or urine test that immediately measures you blood alcohol content, or BAC, in the event that an officer suspects that you have consumed alcohol and decided to drive. In Texas DWI laws have changed from anyone with a BAC over .08% could be charged with a DWI to distinguishing between high and low BAC. Currently a BAC of over .15% can be considered an aggravated DWI which has much more harsh consequences than a BAC under .15%.
Before the Texas laws changed a first time DWI could be considered a Class B misdemeanor and second offense a Class A. Today, if the BAC is .15% or higher for a first offense the person can be charged with a Class A misdemeanor, which can mean up to a year of incarceration and up to $4,000 in fines.
BAC levels are not the only part of DWI laws that have been modified. A section of the Texas penal code now stipulates that if you injure a person while you are drinking and driving you could be charged with a 3rd degree intoxication assault felony, which is 2 to 10 years in prison and/or up to $10,000 in court fines. If the injury involves brain trauma then the charge escalates to a 2nd degree felony intoxication assault that could mean 2 to 20 years and/or a $10,000 fine.
Texas is not the only state that has made changes to their DWI laws. California judges can now suspend a 3rd time DUI violator’s license for up to 10 years. Connecticut has a requirement for all first time offenders install an ignition interlock device, or a breathalyzer that allows the car to be driven if the BAC is below the limit. North Carolina’s “Laura’s Law” has a mandatory time served for a minor charged with a DWI, which is 30 days in jail.
Make sure you are educated on the current DWI laws where you live. If you have the unfortunate circumstance of being charged with a DWI or DUI, then call a criminal defense attorney that has extensive experience in this area right away. Your local DWI attorney is ready and eager to help!