Law enforcement officers take driving under the influence seriously. If you have been stopped by a Department of Public Safety officer two times before and found guilty, you are charged with misdemeanors.
The third offense, if you are convicted, is a third degree felony.Even if you believe you don’t display the typical signs of intoxication, the officer who stops you does not have to prove that you were visibly drunk.
If you consent to a chemical test and that test shows you have a blood alcohol concentration (BAC) level of at least .08 percent, this is enough for the officer to arrest you for a DUI in Texas. If your BAC is below .08 percent and you do display signs of intoxication, you can be arrested for a DUI.
As soon as the DPS officer stops you, he is starting to build a case that shows you were driving drunk. He does this by observing how you are driving. As part of his work to build a DUI case against you, the officer will ask you to perform a field sobriety test. You have the right to refuse – the officer will then request that you submit to a chemical test, which is required by the Texas Administrative License Revocation Program. You can refuse this test as well. If you do, the officer has to let you know what the penalties of refusal are and then ask you to undergo the chemical test one more time.
When you are arrested for a DUI, your driver’s license is confiscated and the officer issues a “Notice of Suspension.” The officer issues a temporary permit that allows you to drive.
After you have been arrested for a DUI in Texas, you have 15 days from the date of your arrest to request an administrative hearing with the State Office of Administrative Hearings if you decide you want to fight your driver’s license suspension.
While your DUI case is still pending, Texas looks for past DUI convictions. If you have any past DUI convictions that took place more than 10 years ago, they will not affect your current case.
If you have DUI convictions that took place less than 10 years ago, they may affect your current case.
Three DUI convictions is a signal to Texas courts that you may have an alcohol dependence problem. You may be ordered to a substance abuse facility for up to one year to address your alcohol dependence and serve your mandatory jail sentence.
Third Texas Dwi /Dui Offense
- 3rd degree Felony offense
- Third offense conviction: 2 years up to 10-years.
- Up to $10,000 plus associated court costs
- Surcharge of $1,500 per year for three years
- License will be revoked for 2-years