Texas Implied consent – administrative / civil penalty for refusal
- First refusal — driver’s license suspended for 180 days.
- Refusal if one or more prior convictions in past 10 years — driver’s license suspended for two years. V.T.C.A., Transportation Code § 724.035
Texas Implied consent – criminal penalty for refusal
Texas DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction — driver’s license suspended 90 days to one year.
- Second conviction — driver’s license suspended for 180 days to two years.
- Third conviction — driver’s license suspended for one to two years.
- If a conviction occurs within five years of a prior conviction, the offender must have an IID installed for the duration of their license suspension. V.T.C.A., Penal Code § 49.09(h); V.T.C.A., Transportation Code § 521.344.
- For a first offender, if a court places he/she on community supervision, the court may require that the offender install an IID on the vehicle. Texas C.C.P. Art. 42.12(13)(i).
Texas DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction — Class B misdemeanor; jail sentence of three to 180 days; fine up to $2,000. V.T.C.A., Penal Code § 49.04(b).
- Second conviction — Class A misdemeanor; jail sentence of 30 days to one year; fine up to $4,000.
- Third conviction— third-degree felony; jail sentence of 2-10 years; $10,000 fine.
- Additional criminal penalties if a driver causes a serious bodily injury or death while committing an offense. V.T.C.A., Penal Code § 49.07, 49.08.
- Person convicted may be ordered to perform community service. Child endangerment Committing a violation with a passenger under age 15 in the vehicle. V.T.C.A., Penal Code § 49.045.
- Administrative: 180 days suspension for 1st refusal; two years suspension for 2nd refusal within 10 years.
Suspensions are rescinded if the defendant is acquitted of the DWI offense involved. Restricted licenses may be issued in cases of hardship.
- Sanctions Following Conviction [Sec.49.09]:
Criminal: For 1st offense –
72 hours minimum confinement (6 days minimum if open container and offense involved a motor vehicle) – up to180 days imprisonment, not more than $2000 fine; for 2nd offense within 10 years 30 days (minimum) – 1 year, not more than $4000 fine; for 3rd or subsequent offenses within 10 years or if prior conviction for the offense of Intoxication Manslaughter (fatality-related DUI) (felony).2 years (minimum) – 10 years, not more than $10,000
- Court-Ordered Other:
The court may order participation in community supervision (which includes participation in a drug treatment program) in lieu of all or part of the sentence of incarceration, community service in addition to other sanctions, and restitution, and must impose certain fees and costs. The court may also order work release, intermittent sentencing, or electronically monitored house arrest. In certain counties, a drug treatment program must be established as an alternative to incarceration, and each Defendant must at least be screened and assessed for participation. Felony offenders may be confined in a substance abuse treatment facility in lieu of imprisonment for 6 months – 1 year.
- Administrative:
90 days to one year as determined by the court. One year if the person has a prior conviction for Intoxication Assault. From 180 days to two years depending on whether the person qualifies for criminal enhancement based on prior convictions for offenses under Chapter 49.Penal Code. If a license suspension is imposed as a result of criminal prosecution for the offense involved, the person receives credit for an administrative suspension imposed as a result of the person’s refusal to give a specimen unless the person has been previously convicted of DWI, Intoxication Assault, or Intoxication Manslaughter or the person is under 21 years of age at the time of the offense. The court may restrict the person to the operation of a vehicle equipped with an ignition interlock device. Restriction is mandatory if the person has a prior conviction within the previous 10 years. Mandatory if the person has two or more convictions. Restricted licenses may be issued under certain circumstances; does not apply to the operation of a commercial motor vehicle.
- Other Issues:
Texas makes it illegal for chemically dependent persons who are a danger to themselves or others, or those who are addicted to a controlled substance or other drug, to drive (Transportation Code Sections 521.021 and 521.312), effectively providing zero tolerance for addicts.
