Driving While Intoxicated
Known as DUI in some other states, a DWI in Texas is a misdemeanor B. The punishment is a maximum of 180 days in county jail or a maximum of 2 years of probation. A second offense DWI is a misdemeanor A. The punishment for a second offense DWI is up to one year in county jail and a maximum of 2 years probation.
Even if you get probation on a DWI second, you will likely serve 30 days in county jail.
If a breath sample results in a .15 or more, that is an automatic misdemeanor A. Plus, in return for a second offense or .15 breath test, one will be rewarded with an order that they install an interlock on their car.
Interlock, or now known as a deep lung device
The deep lung device is installed on your vehicle and will not allow the vehicle to crank up if it detects a certain level of alcohol in the driver’s system. This is expensive. The device is not perfect either. It can prevent you from cranking up your car if you have ingested certain types of food or used mouthwash. Plus, the new devices have cameras on them to prevent you from allowing a friend to blow into it to start the car. The unit records all events and the data is uploaded to a computer. That information is forwarded to the court. So, if you made the interlock unhappy, it will tattle on you and the judge can revoke your bond or probation or an occupational license if your license was suspended.
A third offense DWI is a third degree felony. Another way to pick up a felony DWI is to be convicted of DWI while children are in the car. The DWI while children are in the car sounds pretty immoral. What monster would drive while intoxicated while innocent children are on board? Well, imagine you have a glass of wine or two at some family friendly eatery, and then someone hits you on the way home. While explaining to the police how the accident was the other driver’s fault, the officer smells the wine. Now you are a suspect in a felony investigation.
One can be pulled over for all kinds of reasons on Texas roads. Crossing over lines, running red lights, speeding, for example.
Whether a driver is full-on drunk, tipsy or just smell like alcohol at all, odds are the driver will be arrested for driving while intoxicated.
Once convicted of DWI in Texas, you cannot get if off of your record.