It means that your friend was arrested for DUI and it reads as though a blood test showed an unlawful blood alcohol content (above .08)
Texas officially uses the term “driving while intoxicated” (DWI) instead of “driving under the influence” (DUI).
However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving.
Texas’s DWI laws prohibit all motorists from operating a motor vehicle:
- with a blood alcohol concentration (BAC) of .08% or more, or
- while intoxicated by drugs or alcohol.
Generally, you are considered “intoxicated” if you “lack the normal use of mental or physical faculties” as the result of ingesting alcohol, drug or any other substance.
Texas also has Zero tolerence laws making it illegal for underage drivers (those under 21 years old) to get behind the wheel with any detectable amount of alcohol in their system.
Getting a DWI Without Actually Driving
In Texas, a motorist can get a DWI even without actually driving: The statute defines DWI as “operating” a vehicle while intoxicated or with a prohibited BAC. So while driving is sufficient for a conviction, it isn’t required.
Texas courts have said the term “operate” is very broad and includes any action to “affect the functioning” of a vehicle in a manner that “enables its use.”
Call SWAT Attorney: (713) 377 4860
Texas Blood Alcohol Concentration (BAC) Limits and Per Se DUIs
A drunk driving offense based on BAC—as opposed to the driver’s level of impairment—is known as a “per se” DWI. The amount of alcohol a person must drink to reach the legal limit depends on a number of factors such as gender, body size, and number and strength of drinks.
Our BAC Calculator and BAC Table can give you an estimate of where your BAC might be at after a certain number of drinks. However, these are just approximations that don’t take into consideration all the factors that can affect BAC. If you’ve been drinking, it’s always best not to drive.
Texas DWI Penalties
Texas DWI penalties vary based on the circumstances of the case. But the range of allowable penalties depends, in large part, on how many prior convictions the offender has. Here are what the potential sentences generally look like
for a first, second, and third DWI. Call SWAT Attorney: (713) 377 4860
|1st Offense||2nd Offense||3rd Offense|
|Jail||72 hours to six months (12-month maximum with BAC of .15% or more)||30 days to 12 months||2 to 10 years|
|Fines||Up to $2,000 (or up to $4,000 with BAC .15% or more)||Up to $4,000||Up to $10,000|
|License Suspension||90 days to 12 months||180 days to 2 years||180 days to 2 years|
|Ignition Interlock Device (IID)||Only as a condition of obtaining an”||1 year (with a prior conviction within 5 years)||1 year (with a prior conviction within 5 years)|