The Law on Texas DUI/DWI
In Texas, a person is legally intoxicated and may be arrested and charged with DUI/DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you're the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.
What Happens if You're Stopped
If you're stopped, be ready to show your driver license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver license will be automatically suspended for 180 days.
Punishment for DWI varies depending on the number of convictions:
First Offense
* A fine of up to $2,000
* Three days to 180 days in jail
* Loss of driver license up to a year
* Annual fee of $1,000 or $2,000 for three years to retain driver license
Second Offense
* A fine of up to $4,000
* One month to a year in jail
* Loss of driver license up to two years
* Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license