Texas Municipal Courts Education Center



Driving on the Right Side of the Road

Information Sheet:

Driving while Intoxicated & Driving under the Influence

Impaired driving is the most frequently committed crime in the United States. Whether it is referred to as drunk driving, driving while intoxicated (DWI), or driving under the influence (DUI), impaired driving means a person’s ability to safely operate a moving vehicle is compromised by alcohol and/or other drugs that change the function of the brain and body. Judgment, depth perception, coordination, and reaction time are affected by alcohol, illegal drugs (such as marijuana and cocaine), and prescription or over-the-counter medications.

Texas leads the nation in traffic deaths in which drivers had a BAC (blood or breath alcohol concentration) of .08 or higher, resulting in 1,269 fatalities in 2008.[i] Almost half of all fatal traffic accidents in Texas involve alcohol.[ii] Seventy Texans are injured or killed in alcohol-related crashes every day.[iii] That equates to an alcohol-related injury or death every 20 minutes.[iv]

The economic cost of alcohol-related crashes is approximately $45 billion per year. Eliminating on and off-the-job alcohol crashes could save Texas employers more than $830 million a year.[v] Legal fees and other DWI-related expenses often total more than $15,000 for first-time offenders.[vi]

Impairment begins with the first drink. Your gender, body weight, number of drinks consumed, and amount of food you have eaten affect your body’s ability to handle alcohol. Two or three beers in an hour can make some people legally intoxicated. Women, younger people, and smaller people generally require relatively less alcohol to become impaired.

Rules of the Road

In Texas, a person is legally intoxicated and may be arrested and charged with DWI with a .08 BAC. However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of his or her BAC. Further, whether you are the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.

DWI with a Child Passenger[vii]

You can be charged with child endangerment for driving while intoxicated if you are carrying passengers younger than 15 years old and you are impaired by alcohol or drugs. DWI with a child passenger is punishable by:

• A fine of up to $10,000

• Up to two years in a state jail

• Loss of your driver’s license for 90 days to a year

What Happens if You Are Stopped

If you are stopped, be ready to show your driver’s license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver’s license will be automatically suspended for 180 days.

Punishment for DWI varies depending on the number of convictions and your age. Punishments may include some or all of the following:

Drivers over 21

First Offense:

• A fine of up to $2,000

• 3 -180 days in prison

• Loss of driver’s license for 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’s license for up to two years

• Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

Third Offense*:

• Up to a $10,000 fine

• Up to 10 years in prison

• Loss of driver’s license for up to two years

• Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

*After two or more DWI convictions in five years, you must install an ignition interlock device that will prevent your vehicle from being operated if you have been drinking.

For Drivers under 21: Driving under the Influence (DUI)

The threshold for an alcohol-related driving conviction is lower for drivers under 21. If you are not of legal drinking age, then it is against the law to operate a vehicle with any measurable amount of alcohol in your blood (this is what zero tolerance refers to).[viii] If you are charged with DUI after having had any amount of alcohol, shown below is what will happen on the first offense.

Any detectable amount of alcohol (first offense):

• Sixty-day driver’s license suspension[ix]

• Up to a $500 fine

• 20-40 hours of community service[x]

• Mandatory attendance in alcohol-awareness classes

A second or third offense can lead to a suspension of your driver’s license for up to 180 days. If you are 17 or older, you also can be fined as much as $2,000 and go to jail for up to 180 days for a third offense.[xi] If you are arrested for driving with a BAC of 0.08% or higher and you are under 21, you can expect the same DWI penalties to apply as those over 21 (see above), plus a conviction for underage drinking.

Underage Drinking

If you are under 21, and are found in possession of alcohol on the first offense, the following penalties apply:

• 30 day driver’s license suspension

• Up to a $500 fine

• 8-12 hours of community service

• Mandatory attendance in alcohol-awareness classes[xii]

Other offenses are too often involved in Driving while Intoxicated. The chart below lists several of them:

|Offense |Failure to Stop and Render |Failure to Stop (damage to |Hitting Unattended Vehicle |Hitting Fixture or Highway |

| |Aid to Injured Person |vehicle greater than $200) |(damage greater than $200) |Landscaping and Leaving Scene |

| | | |550.024 |(damage greater than $200) |

|Citation |550.021, Transportation Code |550.022, Transportation Code |550.024, Transportation Code |550.025, Transportation Code |

|Penalty |Up to 10 years in prison, up |Up to $2,000 fine, up to 180 |Up to $2,000 fine, up to 180 |Up to $2,000 fine, up to 180 days |

| |to $10,000 fine, or both |days in jail, or both |days in jail, or both |in jail, or both |

Other Alcohol-Related Offenses

Furnishing alcohol to someone under 21 can lead to a $2,000 fine and 180 days in jail. Selling alcohol to a minor can bring a $4,000 fine and a year in jail. A parent, legal guardian, or spouse can provide alcohol to their child or spouse as long as they are present when the minor possesses or consumes it.

On the Safe Side

• Don't drink and drive

• Designate a driver who has not been drinking

• Call a cab

• Spend the night where you are, if possible

Percentage of Drivers with BAC .08 g/dl or Higher Killed in Motor Vehicle Crashes by Time of Day and Day of Week, 1998 and 2008

|Total Driver Fatalities |

| |1998 |2008 |Change in Percentage|

| | | |with BAC .08 g/dl or|

| | | |Higher 1998-2008 |

|Driver Fatalities | | | |

| |Total Number of |Number |Percent of |Total Number of|Number |Percent of | |

| |Fatalities | |Total |Fatalities | |Total | |

| |

|Driver Fatalities by Crash Type and Time of Day |

|Single-Vehicle Crash | | | | | | | |

|Total | | | | | | | |

|Daytime* |20,805 |7,495 |36 |20,472 |7,625 |37 |3 |

|Nighttime** |8,117 |1,310 |16 |7,960 |1,461 |18 |13 |

| |12,386 |6,008 |49 |12,281 |6,039 |49 |0 |

|Multiple Vehicle Crash | | | | | | | |

|Total | | | | | | | |

|Daytime* |35,799 | |11 |29,714 |3,321 |11 |0 |

|Nighttime** |23,272 |4,066 |5 |18,302 |856 |5 |0 |

| |12,493 |1,168 |23 |11,360 |2,460 |22 |-4 |

| | |2,895 | | | | | |

|Driver Fatalities by Day of Week |

|Weekday*** |34,796 |4,930 |14 |30,148 |4,559 |15 |7 |

|Weekend**** |21,727 |21,727 |30 |19,958 |6,355 |32 |7 |

|Driver Fatalities by Time of Day |

|Daytime* |31,389 |2,478 |8 |26,262 |2,317 |9 |13 |

|Nighttime** |24,879 |8,903 |36 |23,641 |8,499 |36 |0 |

|Driver Fatalities by Day of Week and Time of Day |

|Weekday*** | | | | | | | |

|Daytime* |23,253 |1,436 |6 |19,135 |1,290 |7 |17 |

|Nighttime** |11,425 |3,440 |30 |10,908 |3,230 |30 |0 |

|Weekend**** | | | | | | | |

|Daytime* |8,135 |1,043 |13 |7,127 |1,028 |14 |8 |

|Nighttime** |13,453 |5,462 |41 |12,733 |5,269 |41 |0 |

*6 a.m. to 6 p.m. **6 p.m. to 6 a.m. ***Monday 6 a.m. to Friday 6 p.m. ****Friday 6 p.m. to Monday 6 a.m.

Drivers Involved in Fatal Crashes with BAC Levels .08 g/dl or Higher by Age Group, 2008

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Drivers in Fatal Crashes with BAC .08 g/dl or Higher by Age, Gender, and Vehicle Type, 1998 and 2008

| |

|Total Driver |

| | | | |

| |1998 |2008 |Change in Percentage|

| | | |with BAC .08 g/dl or|

| | | |Higher 1995-2005 |

| |Total Number of |Number |Percent of |Total Number of|Number |Percent of | |

| |Drivers | |Total |Drivers | |Total | |

| |

|Drivers By Age Group (Years) |

|16-20 |7,767 |1,295 |17 |5,729 |996 |17 |0 |

|21-24 |5,613 |1,776 |32 |5,312 |1,829 |34 |6 |

|25-34 |11,925 |3,285 |28 |9,745 |2,997 |31 |11 |

|35-44 |11,241 |2,717 |24 |8,762 |2,2221 |25 |4 |

|45-54 |7,690 |1,355 |18 |8,313 |1,724 |21 |17 |

|55-64 |4,478 |494 |11 |5,695 |708 |12 |9 |

|65-74 |3,399 |236 |7 |2,913 |198 |7 |0 |

|75+ |3,291 |132 |4 |2,656 |106 |4 |0 |

| |

|Drivers by Sex |

|Male |40,816 |9,548 |23 |36,881 |9,175 |25 |2 |

|Female |15,089 |1,822 |12 |12,568 |1,650 |13 |1 |

| |

|Drivers by Vehicle Type |

|Passenger Cars |28,907 |6,155 |21 |20,284 |4,692 |23 |2 |

|Light Trucks |19,247 |4,271 |22 |18,989 |4,307 |23 |1 |

|Large Trucks |4,905 |72 |1 |4,017 |68 |2 |1 |

|Motorcycles |2,333 |803 |34 |5,383 |1,564 |29 |-5 |

Note: Numbers shown for groups of drivers do not add to the total number of drivers due to unknown or other data not included.

For Additional Information







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[i] National Highway Traffic Safety Administration, 2008.

[ii] Fatality Analysis Reporting System Encyclopedia, 2006.

[iii] Texas Department of Transportation, 2006.

[iv] Texas Road Tips: 2006, Texas Department of Transportation.

[v] Texas Department of Transportation, 2006.

[vi] Texas Department of Transportation, 2006.

[vii] Tex. Penal Code §49.045.

[viii] Tex. Alco. Bev. Code §106.041.

[ix] Tex. Transp. Code § 524.011(a)(2); Tex. Transp. Code § 524.022(b)(1).

[x] Tex. Alco. Bev. Code § 106.041(d)(1).

[xi] At age 17, persons are no longer considered children in Texas and face sentencing as an adult. Persons age 16 and younger will be charged with delinquent conduct and sent to juvenile court.

[xii] Tex. Alco. Bev. Code § 106.071.

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Age Groups (Years)

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