If you are found driving after consuming alcoholic beverages you can be arrested either under suspicion of being intoxicated or after taking a breathalyzer. The current legal limit is .08 in Texas.

Contact the Law Offices of Owsley and Associates for a free intitial consultation if you have been charged with DWI (Driving While Intoxicated) in the State of Texas.

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Texas Penal Code for DWI

§ 49.04. DRIVING WHILE INTOXICATED.

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsection

(c) and § 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

Texas DWI Law

Following is the language from HB3588, which establishes a new chapter in the Transportation Code, chapter 708. Under the new Driver Responsibility Program, drivers will be assigned “points” for convictions and face payment of “surcharges” if too many points are accumulated. This program creates additional consequences for convictions for DWI, DWLS, No Insurance, No Drivers License, and similar offenses beginning September 1, 2003.

CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS

Sec. 708.001. DEFINITIONS. In this chapter, "department" and "license" have the meanings assigned by Section 521.001. Sec. 708.002. RULES. The department shall adopt and enforce rules to implement and enforce this chapter.

Sec. 708.003. FINAL CONVICTIONS. For purposes of this chapter, a conviction for an offense to which this chapter applies is a final conviction, regardless of whether the sentence is probated.

[Sections 708.004-708.050 reserved for expansion] SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE Sec. 708.051. NONAPPLICABILITY. This subchapter does not apply to:

(1) a conviction that became final before September 1, 2003; or
(2) an offense covered by Subchapter C.

Sec. 708.052. ASSIGNMENT OF POINTS FOR CERTAIN CONVICTIONS.

(a) The driver's license of a person accumulates a point under this subchapter as of the date the department records a conviction of the person under Section 521.042 or other applicable law.
(b) For each conviction arising out of a separate transaction, the department shall assign points to a person's license as follows:

(1) two points for a moving violation of the traffic law of this state or another state that is not described by Subdivision (2); and
(2) three points for a moving violation of the traffic law of this state, another state, or a political subdivision of this or another state that resulted in an accident.

(c) The department by rule shall designate the offenses that constitute a moving violation of the traffic law under this section.

(d) Notwithstanding Subsection (b), the department may not assign points to a person's driver's license if the offense of which the person was convicted is the offense of speeding and the person was at the time of the offense driving less than 10 percent faster than the posted speed limit. This subsection does not apply to an offense committed in a school crossing zone as defined by Section 541.302.

Notwithstanding Subsection (b), the department may not assign points to a person's license if the offense committed by the person was adjudicated under Article 45.051 or 45.0511, Code of Criminal Procedure.

Sec. 708.053. ANNUAL SURCHARGE FOR POINTS. Each year, the department shall assess a surcharge on the license of a person who has accumulated six or more points under this subchapter during the preceding 36-month period.

Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a surcharge under this chapter is $100 for the first six points and $25 for each additional point.

Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The department shall notify the holder of a driver's license of the assignment of a fifth point on that license by first class mail sent to the person's most recent address as shown on the records of the department.

[Sections 708.056-708.100 reserved for expansion]

SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND LICENSE SUSPENSIONS

Sec. 708.101. NONAPPLICABILITY. This subchapter does not apply to a conviction that became final before September 1, 2003. Sec. 708.102. SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES.

(a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.
(b) Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated.
(c) The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is:

(1) $1,500 per year for a second or subsequent conviction within a 36-month period; and

(2) $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed.

A surcharge under this section for the same conviction may not be assessed in more than three years.
Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY.

(a) Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been convicted of an offense under Section 521.457, 601.191, or 601.371.

The amount of a surcharge under this section is $250 per year.

Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT VALID LICENSE.

(a) Each year the department shall assess a surcharge on the license of a person who during the preceding 36-month period has been convicted of an offense under Section 521.021.
(b) The amount of a surcharge under this section is $100 per year.
(c) A surcharge under this section for the same conviction may not be assessed in more than three years.

[Sections 708.105-708.150 reserved for expansion]

SUBCHAPTER D. COLLECTION OF SURCHARGES

Sec. 708.151. NOTICE OF SURCHARGE. The department shall notify the holder of a driver's license of the assessment of a surcharge on that license by first class mail sent to the person's most recent address as shown on the records of the department. The notice must specify the date by which the surcharge must be paid and state the consequences of a failure to pay the surcharge.

Sec. 708.152. FAILURE TO PAY SURCHARGE.

(a) If before the 30th day after the date the department sends a notice under Section 708.151 the person fails to pay the amount of a surcharge on the person's license or fails to enter into an installment payment agreement with the department, the license of the person is automatically suspended.

A license suspended under this section remains suspended until the person pays the amount of the surcharge and any related costs.

Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE.

(a) The department by rule shall provide for the payment of a surcharge in installments.
(b) A rule under this section:

(1) may not permit a person to pay a surcharge:

(A) of less than $2,300 over a period of more than 12 consecutive months; or

(B) of $2,300 or more over a period of more than 24 consecutive months; and may provide that if the person fails to make a required installment payment, the department may declare the amount of the unpaid surcharge immediately due and payable.

Sec. 708.154. CREDIT CARD PAYMENT OF SURCHARGE.

(a) The department by rule may authorize the payment of a surcharge by use of a credit card. The rules shall require the person to pay all costs incurred by the department in connection with the acceptance of the credit card.
(b) If a surcharge or a related cost is paid by credit card and the amount is subsequently reversed by the issuer of the credit card, the license of the person is automatically suspended.

A license suspended under this section remains suspended until the person pays the amount of the surcharge and any related costs

Sec. 708.155. CONTRACTS FOR COLLECTION OF SURCHARGES.

The department may enter into a contract with a private attorney or a public or private vendor for the provision of services for the collection of surcharges receivable under this chapter. The total amount of compensation may not exceed the amount set in Article 103.0031, Code of Criminal Procedure.

Sec. 708.156. REMITTANCE OF SURCHARGES COLLECTED TO COMPTROLLER.

Each surcharge collected by the department under this chapter shall be remitted to the comptroller as required by Section 780.002, Health and Safety Code