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by joe817
Mon Jul 06, 2015 11:11 pm
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 5341

Re: Drinking/Intoxicated clarified in Penal Code?

o b juan wrote:When I talked with the DPS instructor after the Class I said that In La. back in the 60's wwe could site for DuI or DWI He said this aint La and We dont have DUI. Does Texas have DUI and please sight the PC # ?
You'll have to dig deeper than this to satisfy the answer to your question:

"What is the difference between a DUI and a DWI in Texas?
Difference between a DUI and a DWI in Texas
DUI in Texas

A Driving Under the Influence (DUI) is classified as a class “C” misdemeanor. This means that you can not receive jail time and a maximum fine of $500.00. (for a first offense, for subsequent offenses you can receive significant jail time). However, along with this fine can be probation, along with community service and alcohol awareness classes. Likewise, the Texas Department of Public Safety will issue a notice of suspension and try to suspend the minors drivers license in the majority of these cases. This license suspension is the same administrative license revocation (ALR) process that is used in adult cases.

In summary, a person under 21 is not allowed to drink any alcohol and then drive a car. If an officer testifies that he/she smelled an alcoholic beverage on a minors breath during a traffic stop then the minor will be cited for DUI. Again, this is true even if the officer feels the minor is both below the .08 legal limit and has not lost the normal use of his/her mental facilities, but has consumed “some or any” alcohol. If a minor’s case is mishandled it can have terrible long-term effects on the minors criminal record and lengthy drivers license suspensions. It is therefore very important that these cases are taken seriously.
DWI In Texas

Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI), are frequently prosecuted criminal offenses, and also carry with them administrative penalties. If the alcohol concentration in a person’s blood, breath, or urine is .08 percent or greater, the person is considered intoxicated by law. Under some circumstances, the legal definition of intoxication is met even if a person’s alcohol concentration is lower than .08 percent. Having alcohol, a drug, or a controlled substance in one’s body that causes loss of normal use of mental or physical faculties also is considered intoxication. If the person is operating a vehicle, vessel, or even water skis in a public place, he or she is considered to be driving while intoxicated, which is a Class B misdemeanor. Boating or operating an aircraft while intoxicated also are crimes.

The minimum amount of jail time for driving while intoxicated is 72 hours, unless there is an open container of alcohol in the person’s possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle also is an offense. ... s-dwi-dui/" onclick=";return false;

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