Vital DWI Facts and License Information

Legal Limits and Controlled Substances

You can be charged with a DWI even if your blood alcohol level is below .08. Furthermore, these charges apply to prescription medications, marijuana, and other drugs.

Blood Samples and Warrants

Most large North Texas counties now keep magistrates on standby to issue blood warrants. If you refuse a breath or blood sample, police can obtain a warrant quickly. Consequently, “No Refusal Weekends” are effectively a thing of the past.

Your Rights During a Traffic Stop

You have the legal right to remain silent and refuse questions. However, you must still provide your license, insurance, and registration. While the U.S. Supreme Court requires you to exit the vehicle, you may refuse to perform field sobriety tests.

Reliability of Forensic Testing

NHTSA’s standardized field sobriety tests face significant scientific criticism from experts like Dr. Spurgeon Cole and Dr. Steve Rubenzer. Additionally, Texas law requires a margin of error for all blood tests. Various scientific concerns exist regarding the accuracy of both breath and blood testing methods.

Checking Your License Status

To find out if your Texas driver’s license is suspended or revoked, visit the official Texas DPS Website.

To access your records, you will need:

• Texas Driver’s License Number

• Date of Birth

• Last four digits of your Social Security Number

Texas DWI Punishment Ranges

First-Time Offense

• Classification: Class B Misdemeanor

• Jail Time: 3 to 180 days

• Fine: Up to $2,000

Second Offense

• Classification: Class A Misdemeanor

• Jail Time: 30 days to 1 year

• Fine: Up to $4,000

Third or Subsequent Offense

• Classification: 3rd Degree Felony

• Prison Time: 2 to 10 years

• Fine: Up to $10,000

DWI with a Child Passenger (Under 15)

• Classification: State Jail Felony

• Jail Time: 6 months to 2 years

• Fine: Up to $10,000

High Blood Alcohol Concentration (BAC) Enhancement

If you are charged with a DWI and your BAC is .15 or higher, the charge is automatically elevated to a Class A Misdemeanor, regardless of whether it is your first offense.