DUI Information

FAQ’s


Most commonly asked questions about Texas DWI and DWI law in Texas:


What is DWI ?
DWI stands for Driving while Intoxicated and is a criminal offense that states that a person should not drive while intoxicated.


What is "intoxicated" according to Texas DWI?
Intoxication can be defined in two ways according to Texas DWI: Abnormality of mental or physical faculties (Driving an automobile) caused by the consumption of alcohol or drug or any other substance. The second way is by possessing an alcohol concentration of 0.08 or more. The law allows for intoxication by any intoxicating substance. But the case may get prosecuted if it impairs the driver’s abilities mental and physical faculties under normal conditions.


What is alcohol concentration?
"Alcohol concentration" is defined by statute as:

  • The number of grams of alcohol per 100 milliliters of blood.
  • The number of grams of alcohol per 210 liters of breath.
  • The number of grams of alcohol per 67 milliliters of urine.


Person identified with more than 0.08 BAC is convicted with Texas DWI


Can I still lose my license if my alcohol concentration is less than .08?
Yes, this is usually the result of a subsequent Texas DWI offense. You may lose the license immediately if your breath/blood samples possess a BAC of 0.08 or more.


Am I required to undergo a breath, blood or urine test when requested by a police officer?
According to the Texas implied consent statute, every person driving a vehicle in Texas operates under impliedly consented to submit the breath or blood sample if charged with a Texas DWI. However there are few applicable consequences provided to refuse the tests.


How can be a motor vehicle be a "deadly weapon?"
A motor vehicle can be a "deadly weapon" in the event of a death due to an alcohol related accident that has occurred by the manner of driving.


Can a person drink an alcoholic beverage while driving a car?
No. This is considered as a class C misdemeanor of Texas DWI in which a driver operates a car and possesses an open alcoholic beverage container.


Does Texas has the right to suspend my license if I’ve received it in another state ?
No. However Texas notifies your home state of the suspension you were supposed to have undergone and you may still have to suffer the suspension.