The state of Texas intoxication is defined as either:
The state is only required to prove intoxication under one of these three definitions. See Texas DWI / DUI Statutes for more information.
What is the definition of Driving While Intoxicated in the state of Texas?
In order to be found guilty of Driving While Intoxicated or Driving Under the Influence, a person must be intoxicated while operating a motor vehicle in a public place. The state is specifically required to prove that you were:
The failure of the state to prove just one of these three elements beyond a reasonable doubt will result in the dismissal of your case or an acquittal. For more information, see Texas DWI / DUI Statutes. Specifically, Texas Penal Code Sections 49.04, Driving While Intoxicated.
When is an officer allowed to stop and test an individual that he suspects for a Travis County DWI / DUI violation?
In order for a Travis County Sheriff or Austin Police Department police officer to stop your vehicle, the officer must have a reasonable suspicion to believe that you are driving while intoxicated. Reasonable suspicion forms when an officer witnesses and can articulate facts that indicate the officer witnessed some driving activity that was out of the ordinary, the officer has a reason to connect the detainee to the unusual activity, and some indication that the activity is related to a crime. If the officer can articulate reasonable suspicion, then the officer is authorized to stop your vehicle and perform one of the state approved tests to determine intoxication. To learn more about the requirements of reasonable suspicion, see DWI / DUI Stop and Arrest.
What types of testing methods are available to an officer who has reasonable suspicion to believe that a driver is intoxicated?
When an officer pulls over an individual suspected of intoxicated driving, he is authorized to perform either a Field Sobriety Test on the scene or use a Portable Breathalyzer Test to develop the probable cause necessary to make arrest an individual for DWI/DUI. If an officer is able to develop probable cause to believe that you are in fact driving while intoxicated, then he can place you under arrest. Once back at the station, the officer will be authorized to conduct chemical testing in the form of Breath Analysis, Blood Analysis, or Urine Analysis.
Do I have a right to refuse field sobriety tests and subsequent chemical testing?
YES, but this right is not absolute. Field sobriety tests and chemical testing is completely voluntary both on the scene and back at the police station. Under both federal and state criminal laws, you have the right not to perform any sort of sobriety test or submit to police questioning. These tests can give the state evidence to use in the case against you, so it may be in your best interest to refuse any type of sobriety testing. You will not be given the opportunity to consult with a Travis County DWI/DUI attorney before you are asked to submit to chemical testing.
While you have the right to refuse testing, it is essential that you understand the implications of refusal. Under Texas law, by obtaining a Texas Driver's License and operating a motor vehicle within the state, you have given what is referred to as "implied consent" that you will submit to chemical testing for drugs or alcohol should an officer believe there is reasonable suspicion that you may be operating a motor vehicle while under the influence of alcohol or drugs. To learn more about the Texas Implied Consent laws and the penalties associated with refusal to submit to chemical testing, please refer to our Administrative License Revocation page and the Texas Transportation Code Chapter 724 Implied Consent statutes.
However, it is possible to lose your right to refuse chemical testing if the arresting officer obtains a search warrant from a detached magistrate, which can be granted even in suspected misdemeanor offense. Additionally, if you are suspected of a DWI / DUI that results in the serious bodily injury or death of one of the parties, then you will lose your right to refuse chemical testing.
What will happen if I exercise my right to refuse field sobriety tests and chemical testing?
It is very important to understand that refusing to submit to sobriety tests or chemical testing can provide the Austin Police Department or Travis County Sheriff's Department officer with the probable cause needed to place an individual under arrest. Furthermore, under the Texas Implied Consent Law, refusal to submit to chemical testing at the time of your arrest will result in an automatic suspension of your license for 180 days.
If you have a Texas Commercial Driver's License, the right to refuse will result in an immediate 24-hour suspension of your driving privileges, during which time the police will be able to obtain a court order that compels an individual to submit to chemical testing. Furthermore, exercising your right to refusal will result in the automatic suspension of your commercial driver's license for a period of one year. During this time, you will not be eligible to request an occupational license and it is probable that you will lose your job. In order to protect your license and your job, it is essential that you hire an experienced Austin DWI / DUI attorney that will request an Administrative License Revocation Hearing immediately upon your arrest. To see the statutes that apply to how a DWI can affect your Texas Commercial Driver's License click here.
If you have a Texas Commercial Driver's License, the right to refuse will result in an immediate 24-hour suspension of your driving privileges, during which time the police will be able to obtain a court order that compels an individual to submit to chemical testing. Furthermore, exercising your right to refusal will result in the automatic suspension of your commercial driver's license for a period of one year. During this time, you will not be eligible to request an occupational license and it is probable that you will lose your job. In order to protect your license and your job, it is essential that you hire an experienced Austin DWI / DUI attorney that will request an Administrative License Revocation Hearing immediately upon your arrest. To see the statutes that apply to how a DWI can affect your Texas Commercial Driver's License click here.
If I am arrested for a DWI / DUI, do I automatically lose my license?
Under the Texas Implied Consent Law, if an individual refuses to consent to field sobriety tests or chemical testing or alternatively fails a breath, blood, or urine analysis, then the state of Texas has the authority to suspend your license. However, this suspension is not automatic! When an individual is arrested and charged with a crime, the arresting officer is ordered to issue a DIC-25 form, which is intended to provide the individual with notice that their license will be suspended 40 days from the issuance of this form. After receiving the DIC-25, an individual has 15 days to challenge the suspension by requesting an Administrative License Revocation Hearing. If the individual fails to request an ALR hearing within the 15 days, then the individual's license will be automatically suspended on the 41st day after the DIC-25 form is issued to the individual.
The deadlines to request an ALR hearing are strictly followed so it is imperative to act immediately to request the hearing. You do not have to engage in the ALR process on your own, contact an Austin DWI/DUI attorney now to help you fight the suspension of your driver's license. For more information, please see the DWI / DUI Administrative License Revocation Hearing page.
The deadlines to request an ALR hearing are strictly followed so it is imperative to act immediately to request the hearing. You do not have to engage in the ALR process on your own, contact an Austin DWI/DUI attorney now to help you fight the suspension of your driver's license. For more information, please see the DWI / DUI Administrative License Revocation Hearing page.
Do I have to go to jail if I am convicted of my first DWI/DUI offense?
Not necessarily, but it is possible. Generally, if an individual has an otherwise clean record and is charged with their first alcohol or drug related offense, they will not be required to serve jail time and will be place on probation by the court as long as the DWI/DUI did not result in the death or serious bodily injury of any individual. The probationary period will be determined by the judge in your case and can range anywhere from 6 months to 2 years. To learn more about the probationary terms that can be imposed for a first time DWI / DUI conviction, click here to check out the range of DWI/DUI penalties in Austin, Travis County, Texas. Click here to learn about misdemeanor DWI penalties in Austin, Travis County, Texas.
What if I am a minor and arrested for a DWI / DUI?
In the state of Texas, a minor in this context is defined as anyone under 21 and these individuals are susceptible to both DWI and DUI charges. A minor can be charged with a DWI offense if they are found to be legally intoxicated while operating a motor vehicle in a public place. If a minor is charged and convicted of a DWI offense, then that individual will face the same consequences as an adult who is convicted of a similar offense. When a minor is stopped for a suspected DWI / DUI violation, the officer is authorized to perform field sobriety tests and chemical testing in order to determine if a minor is intoxicated. A minor still has a right to refuse police testing, but just like adults the failure to consent will result in an automatic revocation of the minor's driver's license from a range of 120 to 240 days depending on whether this is the minor's first infraction with alcohol or drugs.
DUI laws in the state of Texas reflect the state's zero tolerance policy in regards to underage drinking and driving. If a minor under age 21 is found to have any detectable amount of alcohol in their system then they can be arrested and charged with a DUI offense. DUI offenses differ slightly for minors that are under age 18 and minors that are ages 18-21 with the primary difference being that minors who are under 18 are required to have their parents attend every scheduled court hearing. For a complete list of the differences between these two age groups, please go to Drivers Under 21.
