• Justin Sparks

Is DUI a Felony in Texas? Get a Reliable DUI Attorney in the Lone Star State

Driving under the influence (DUI) is a felony in Texas. Culprits who are lucky to escape this still get charged with a misdemeanor.


A person arrested for DUI is not guilty of any crime until a court or jury decides. The “implied consent” law in Texas drivers that are rightly arrested for driving under the influence to undergo a blood test upon request by an officer.


It is not compulsory, but the individual who refuses to do it should know that the action can negatively affect them in a trial. They can also have their driving license suspended because of this.


Several factors influence the kind of charge the offender faces after their conviction. People arrested for the same incident might not experience similar consequences. This is why persons facing such charges should contact experienced DUI attorneys immediately.


Sparks Law Firm offers a free consultation for people who get arrested for DUI in Texas. Call us at (817) 381-7846 to speak to a DUI attorney in Tarrant County.


What Is DUI?

What Is DUI?


When a person drives a vehicle after ingesting some type of drug or alcohol, they are described as driving under the influence (DUI). This doesn't always mean the drugs are illegal.


Prescription drugs can also lead to a DUI if they impair a driver's senses after taking them. A person who still sits behind a steering wheel knowing the drug's effects can be held liable for negligence. This is, therefore, a broader definition that includes driving while intoxicated (DWI).


Texas Drunk Driving Statistics


Texas has one of the highest DUI incidents in the United States.


2019 statistics show that the state recorded a total of 24,714 crashes caused by DUI. 4,166 out of these led to injuries and 914 fatalities.


The situation in Texas is so bad that the fatalities for DUI crashes rose by 6.3% in 2020 during a two-month lockdown. This is why the state has incorporated strict laws to help control it.


According to these laws, a person may face DUI charges or not based on their blood alcohol concentration (BAC) when they are arrested.


DUI Laws in Texas


Texas has some of the strictest DUI Laws in the United States.


According to the state's laws, a person with a BAC of 0.08% or more is legally intoxicated. This is the limit for anyone driving a car or boat or flying a small aircraft.


An individual can be charged with a Class C misdemeanor if the police in Texas find an open container of alcohol in their vehicle.


Here are some of the punishments for DUI charges in the state:


First Offense


  • The culprit may have to pay a fine of up to $2,000.

  • If the person is convicted, they may face a maximum of 180 days in jail with three mandatory days.

  • Often, the offender can lose their driving license for almost a year.


Second Offense


  • The fine for a second offense DUI can be up to $4,000.

  • If they get convicted, the offender may spend between a month and a year in jail.

  • A culprit may lose their driver's license for up to two years.


Third Offense


  • People arrested for the third time may have to pay a $10,000 fine.

  • The culprit can spend any period from two to 10 years in jail if they are convicted.

  • These drivers lose their licenses for up to two years.


According to laws, the culprit may have to pay additional financial penalties of $3,500, $4,500, or $6,000 per the state's assessment of the situation.


A DUI offender with a passenger less than 15 years old can be charged with child endangerment. This carries a fine of up to $10,000 or a maximum jail sentence of two years. Their driving license can be seized for 180 days.


Get a Free Consultation with an Experienced DUI Lawyer in Texas


It is not automatic that a court will convict a person facing a DUI charge. That is why an offender should immediately contact the right criminal attorney when they get arrested. An experienced DUI lawyer can help keep the individual’s record clean.


Attorneys at Sparks Law Firm have years of expertise handling DUI cases in Texas. We have successfully defended several people from getting charged with a felony and going to jail.


Call us at (817) 381-7846 to schedule a free consultation with our lawyers.