5 Things You Should Know About DUI Laws in Houston, TX

In Houston, you'll face hefty consequences for driving under the influence, with first-time DWI offenses carrying up to $2,000 in fines and 180 days in jail. If you're under 21, Texas enforces a strict zero-tolerance policy, meaning any detectable alcohol leads to penalties. Commercial drivers must stay under a 0.04% BAC limit, while regular drivers face the standard 0.08% threshold. Refusing a breathalyzer won't help – police can obtain a blood test warrant. Even having an open container in your car results in additional charges. Understanding these laws becomes vital when you consider the progressive penalties for repeat offenses.

Key Takeaways

• DWI applies to drivers 21+ with BAC ≥ 0.08%, while DUI applies to underage drivers with any detectable alcohol level.
• First-time DWI offenders face fines up to $2,000, up to 180 days in jail, and annual license fees for three years.
• Refusing a breathalyzer test can result in automatic license suspension and police obtaining a warrant for blood testing.
• Commercial drivers must maintain BAC below 0.04% and face minimum 3-day jail terms plus one-year CDL suspension if convicted.
• Open containers in passenger areas result in Class C misdemeanors with $500 fines and escalate DWI charges to Class B.

DWI Vs DUI in Texas

A drinking-and-driving charge in Texas can take two distinct forms: DWI (Driving While Intoxicated) or DUI (Driving Under the Influence).

The key difference lies in age and alcohol thresholds. If you're 21 or older, you'll face DWI charges when your blood alcohol concentration (BAC) reaches 0.08% or when you show signs of impairment. For drivers under 21, Texas enforces a zero-tolerance policy through DUI laws, where any detectable amount of alcohol can lead to charges. Annual license fees ranging from $1,000 to $2,000 must be paid for three years following a DWI conviction. Police officers can obtain a blood test warrant if you refuse a breathalyzer.

You'll face considerably harsher penalties with a DWI than a DUI. DWI convictions can result in up to $2,000 in fines and 180 days in jail for first offenses, while DUI penalties typically max out at $500 fines with no jail time.

Both charges can lead to license suspension and mandatory alcohol awareness classes.

Zero Tolerance for Young Drivers

Texas's Zero Tolerance Law takes an uncompromising stance against underage drinking and driving, making it illegal for anyone under 21 to operate a vehicle with any detectable amount of alcohol in their system.

A recent survey showed that 33% of young adults between 18-20 years old reported drinking alcohol in the past month.

Unlike the standard 0.08% BAC limit for adults, you'll face penalties if you're under 21 with any measurable alcohol in your blood.

Field sobriety tests will likely be conducted during the traffic stop if impairment is suspected.

If you're stopped and refuse a chemical test, you'll automatically lose your license for 180 days on your first refusal and two years for subsequent refusals.

The penalties escalate with each offense, starting with a $500 fine and 60-day license suspension for your first violation.

By your third offense, you could face up to $2,000 in fines and a year without driving privileges.

You'll also need to complete mandatory alcohol awareness courses and community service.

Penalties Get Progressively Harsher

While underage drivers face strict zero-tolerance penalties, repeat DUI offenders in Houston encounter increasingly severe consequences with each conviction.

Your first offense can result in up to $2,000 in fines, 180 days in jail, and license suspension for up to a year. Completing a DWI education course may help reduce these penalties. A second conviction raises the stakes considerably, with fines doubling to $4,000 and jail time extending to one year.

If you're convicted a third time, you'll face felony charges with up to $10,000 in fines and 2-10 years in prison. Breath test refusal can lead to automatic license suspension regardless of conviction status.

The penalties become even more severe in specific circumstances, such as having a child passenger or causing injury or death.

Commercial drivers face particularly harsh consequences, with a second offense resulting in permanent CDL revocation.

Commercial Drivers Face Strict Rules

Commercial drivers in Houston must navigate considerably stricter DWI regulations than regular motorists, starting with a lower BAC limit of 0.04% when operating commercial vehicles.

If you're a CDL holder, you'll face severe consequences even for a first offense, including a minimum 3-day jail term, fines up to $2,000, and a one-year CDL suspension. Occupational licenses are unavailable for CDL holders during suspension periods.

You can't qualify for deferred adjudication, and you must act quickly to protect your rights by requesting an ALR hearing within 15 days of arrest. Your driving record is crucial as employers heavily scrutinize clean records when making hiring decisions.

If you're caught driving with hazardous materials while intoxicated, you'll face a three-year suspension. A second DWI conviction results in a lifetime CDL ban.

These strict rules reflect the serious responsibility you hold as a commercial driver and the potential dangers of operating large vehicles while impaired.

Open Container Laws Matter

Open container violations in Houston carry serious consequences, even if you're not driving under the influence.

You'll face a Class C misdemeanor and fines up to $500 if you have any unsealed alcoholic beverage container in your vehicle's passenger area, including cupholders and backseats.

You can't store open containers anywhere that's accessible to drivers or passengers while on public roads, parking lots, or highways. The law applies even when your car is parked. This includes bottles that have previously broken seals, even if they are now recapped.

If you must transport opened alcohol, place it in your trunk or locked glove compartment. Taxi and limo passengers are exempt from these restrictions.

If you're caught with an open container during a DWI stop, you'll face enhanced penalties, upgrading your charge to a Class B misdemeanor.

These violations can affect your future employment, education opportunities, and professional licenses.

Frequently Asked Questions

Can Prescription Medications Lead to a DWI Arrest in Houston?

Yes, you can get a DWI in Houston even if you're taking legally prescribed medications.

If your prescription drugs impair your driving ability, you'll face the same charges as alcohol-related DWIs. It doesn't matter if you have a valid prescription – the law focuses on whether you're driving while impaired.

Common prescription medications that can lead to arrest include opioids, Xanax, Soma, and Vicodin.

How Long Does a DWI Conviction Stay on Your Texas Driving Record?

In Texas, your DWI conviction will stay on your driving record permanently unless you take legal action to remove it.

You can't count on automatic removal after any time period. Your only options are expunction (if you were acquitted or pardoned) or nondisclosure (sealing) if you're a first-time offender with specific conditions like a BAC below 0.15.

Without these legal remedies, the conviction remains visible indefinitely.

Are Field Sobriety Tests Mandatory During a Traffic Stop in Houston?

Imagine you're at a party where someone keeps insisting you dance – you can politely decline.

Similarly, you're not legally required to take field sobriety tests during a traffic stop in Houston.

However, like refusing that dance might raise eyebrows, declining these tests could lead to consequences.

You can say no, but be aware that your refusal may result in arrest if the officer has other evidence of impairment.

Can You Refuse a Breathalyzer Test in Texas Without Consequences?

No, you can't refuse a breathalyzer test in Texas without facing consequences.

While you have the legal right to refuse, doing so triggers automatic penalties under Texas' Implied Consent Law.

You'll face an immediate license suspension of 180 days for a first refusal, and up to two years for subsequent refusals.

Additionally, prosecutors can use your refusal as evidence against you in court to suggest consciousness of guilt.

Do Out-Of-State DWI Convictions Count Toward Texas DWI Penalties?

Absolutely, and it's essential you understand this: Texas takes out-of-state DWIs so seriously, you'd think they'd a personal vendetta against every DUI ever committed nationwide!

Your prior DWI convictions will follow you to Texas like a shadow, regardless of where they occurred. The state treats these out-of-state convictions exactly like Texas ones when calculating penalties.

You can't escape your DWI history by crossing state lines—Texas remembers everything!