| FINANCIAL CONSEQUENCES OF DWI |
 | Driving while intoxicated or under the influence of alcohol can have serious consequences, even if you don't kill yourself or someone else.
In all states, a person may be convicted of "driving while intoxicated" with a blood alcohol concentration of 0.10 percent, and in Texas it's 0.08 percent. |
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The Texas DPS estimates that a first-offense DWI costs at least $3,180 and could cost as much as $17,000, not including lost work time and any liability costs. It gets worse.
The penalties include fines, imprisonment, and loss of driving privileges.
A first offense is classified as a Class B misdemeanor.
A second offense is classified as a Class A misdemeanor.
A third offense or intoxication assault is a 3rd degree felony.
Intoxication manslaughter is classified as a Class 2 felony.
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The costs of driving while intoxicated or under the influence of alcohol include:
· Cost of bail after being booked
· Cost of towing and impounding your vehicle
· Cost of defense attorney
· Fines and penalties
· Possible loss of job and wages
· Expensive insurance premiums
· Civil damage awards in case of crash or injury
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The financial burden a DWI conviction places on you can be as bad as, if not worse than, the punishment.
When you're first arrested, you'll need money to post bail after you're booked. Otherwise, you're likely to stay in jail pending trial.
You'll also have to pay for having your car towed to the pound, plus daily impoundment fees. |
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When your case goes to trial, you'll have to hire an attorney to defend you in court.
If you're convicted, there will be a fine involved of up to $2,000.
If you're sent to jail, you'll be out your wages, maybe even out of a job. |
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Your insurance premiums could rise dramatically, possibly even double what they are now.
And if you kill or injure someone, you might be facing an expensive court case that will cost you attorney fees, court costs, and civil damages that could bankrupt you.
Just think of what is on the line--your financial security, your job, your reputation, your life. Why risk it all by drinking and driving? |
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 | The odds are stacked against you.
...and so is the law.
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| CONSEQUENCES OF DWI
WITH CHILD PASSENGER |
| A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age. Punishment for a "non-enhanced" state jail felony is by confinement in a state jail for any term of not more than 2 years nor less than 180 days and a fine not to exceed $10,000.00. |
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| IMPLIED CONSENT LAW |
 | Speaking of getting booked--you knew this was coming--it's a lot easier than you think when you drink and drive. The law is stacked against you, especially the implied consent law. |
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If a person refuses to submit to the BAC test, their license may be suspended for six months.
Under the Implied Consent Law, any driver could face an automatic suspension of his driver's license for refusing to submit to the breathalyzer test. The law states that when you drive a motor vehicle, you have given your consent to be tested for chemical substances. Any person who drives a motor vehicle is deemed to have consented to chemical testing of blood, breath, or urine. |
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 | In other words, the consent to testing is implied by virtue of the fact that you're driving.
The testing has to be a result of a lawful arrest by a peace officer. And there has to be reasonable cause to believe that the driver was under the influence of a chemical substance. |
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The law states that when you drive a motor vehicle, you have given your
consent to be tested for chemical substances.
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The driver has a choice of taking a breath test, a blood test, or a urine test.
If a person is too drunk or incapable of completing one test, they have the choice of taking any of the remaining tests. The object is to make sure that a driver has the opportunity to have his or her blood alcohol level verified.
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REFUSAL TO SUBMIT TO A TEST IS USED AGAINST THE DRIVER | If the driver refuses to take the test, or is incapable of completing it, that information can be used against him in court. It also results in a driver's license suspension. |
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NO RIGHT TO LEGAL COUNSEL
BEFORE CONSENTING TO TEST  | The driver does not have the right to have an attorney present before deciding to take the test or during the administration of the test.
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If you're arrested for driving while intoxicated, you're better off submitting to the test. If you're not illegally intoxicated, the test will confirm it, and you won't be charged with DWI.
Let's say you refuse the test because you're afraid of what your blood alcohol level might be. Your refusal could prove to be damaging evidence in court. Without test results, it'll be your word against the arresting officer's.
Some police units use videotape to help build very strong cases against suspected drunk drivers. |
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Remember, when you drive a motor vehicle, you have automatically given your consent to be tested under the Implied Consent Law.
So, if you mix drinking with driving and you get stopped by the police, don't expect the same old song and dance. This is no ordinary traffic violation. Drunk drivers are treated like the serious menace they are. |
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| OPEN CONTAINER LAW |
A person commits an offense if they possess an open container in the passenger area of a motor vehicle that contains any amount of alcoholic beverage.
(This does not apply to taxicabs, a bus, a limousine, or the living quarters of a motorized home.)
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