DUI/DWI Recent Legal Changes in Texas

What recent changes have been made to our state’s DUI/DWI laws in Texas?

1. In 2019, Texas passed a law requiring all offenders convicted of DWI to install an ignition interlock device on their vehicle, which requires the driver to blow into a breath analyzer in order for the vehicle to start.

2. In 2019, Texas passed legislation allowing people convicted of DWI to obtain an occupational driver’s license after their license has been suspended.

3. In 2019, Texas increased the maximum jail sentence for a third DWI conviction from two to 10 years.

4. In 2020, Texas raised the legal limit for BAC (Blood Alcohol Concentration) from .08 to .16 for individuals over 21 years old, and from .04 to .08 for individuals under 21 years old.

Have there been updates to the legal BAC (Blood Alcohol Content) limit in Texas?

Yes, the legal BAC (Blood Alcohol Content) limit in Texas is 0.08%. In September 2019, the Texas legislature passed a law that raised the BAC limit from 0.08% to 0.05%. This change is currently being phased in and went into effect on September 1, 2020.

How have penalties for first-time DUI offenders changed in recent years in Texas?

In recent years, penalties for first-time DUI offenders in Texas have become increasingly severe. The maximum jail time has been increased from 72 hours to 6 months, and the maximum fine has been increased from $2,000 to $10,000. Additionally, those convicted face a license suspension of up to two years, and may be required to complete an alcohol education program. Ignition interlock devices may also be required for those convicted of DUI in Texas.

Are there new ignition interlock device (IID) requirements or policies in Texas?

Yes, in 2019 Texas passed legislation requiring ignition interlock devices (IIDs) for all DWI offenders, including first-time offenders. The law also requires offenders to pay for the cost of the IID installation and removal.

Have there been changes to the process of DUI checkpoints and stops in Texas?

Yes, over the past few years, there have been changes to the process of DUI checkpoints and stops in Texas. Recently, Texas law enforcement agencies have started using a new standard for determining whether a driver is impaired, known as the Standardized Field Sobriety Test (SFST). Additionally, the Texas Department of Public Safety has increased the frequency and duration of sobriety checkpoints in some parts of the state. Finally, some counties have adopted a no-refusal policy, which means that any driver who is suspected of being under the influence must submit to a chemical test.

What impact have recent legal changes had on DUI/DWI sentencing in Texas?

Recent legal changes in Texas have had a considerable effect on DUI/DWI sentencing. The Texas legislature has increased the severity of punishments for those convicted of driving while intoxicated and has increased the number of offenses that may be considered a felony. Additionally, some judges are now seeking harsher punishments for repeat offenders. These changes have resulted in harsher penalties for those who are convicted of driving while intoxicated, including longer jail sentences, larger fines, and a longer period of probation.

Are there new diversion or treatment programs for DUI offenders in Texas?

Yes, there are various diversion and treatment programs for DUI offenders in Texas. One such program is the Texas Impaired Driving Program, which is offered in most of the state’s counties and offers a range of services that include alcohol education, treatment, and other interventions to help DUI offenders avoid future offenses. Additionally, many counties in Texas offer specific treatment programs for DUI offenders, such as counseling, cognitive-behavioral therapy, and substance abuse education classes.

Has the process for DUI/DWI testing or blood draws been modified in Texas?

Yes, in response to the COVID-19 pandemic, Texas has implemented several changes in the process for DUI/DWI testing and blood draws. To limit the spread of the virus, law enforcement officers must wear face masks and gloves when conducting sobriety tests and collecting blood samples. In addition, officers must sanitize any equipment used during the testing process and maintain a safe distance from the suspect. Furthermore, health care providers must follow the latest CDC guidelines when conducting blood draws.

Have recent changes affected the availability of plea bargains in DUI cases in Texas?

Recent changes in Texas law have had no impact on the availability of plea bargains in DUI cases. Plea bargaining is an accepted practice and is often used as an alternative to trial. The ability for prosecutors and defense attorneys to negotiate plea deals remains unchanged.

Are there specific changes in DUI laws for underage drivers in Texas?

Yes, Texas has specific laws in place regarding the underage consumption of alcohol and operating a motor vehicle. In Texas, those under the legal drinking age of 21 will face an automatic DWI charge if they have any measurable amount of alcohol in their system while operating a motor vehicle. This charge is commonly referred to as a “zero tolerance” law. The consequences for a first-time DWI conviction can include up to 180 days in jail, a fine of up to $2,000, and up to one year of license suspension. Additionally, those under 21 who are convicted of DWI may face other penalties such as community service, substance abuse education classes, and installation of an interlock device.

Have there been updates to DUI laws regarding marijuana or other drugs in Texas?

Yes, there have been updates to DUI laws regarding marijuana and other drugs in Texas. In 2019, Texas passed a law to reduce the penalties for driving while under the influence of drugs, including marijuana. The law reduced the penalties for impaired driving offenses from a third-degree felony to a Class A misdemeanor, provided that the person does not cause an accident or injure another person. Additionally, the law also established a “zero tolerance” policy for drug-impaired drivers, meaning that if a driver is found to have any amount of an illegal drug in their system, they can be charged with a DUI.

What changes have been made to DUI penalties for commercial driver’s license (CDL) holders in Texas?

The Texas legislature has made changes to the DUI penalties for CDL holders, including:

1. Increasing the minimum jail sentence for a first offense from 72 hours to 120 hours.

2. A second offense will now result in a minimum jail sentence of one year instead of 180 days.

3. CDL holders will now be subject to an indefinite suspension of their license for a second offense.

4. CDL holders will now be subject to a three-year disqualification from operating a commercial motor vehicle after a first offense.

5. CDL holders will now face a ten-year disqualification from operating a commercial motor vehicle after a second offense.

Are there new reporting requirements for DUI/DWI convictions to other states in Texas?

No, there are no new reporting requirements for DUI/DWI convictions to other states in Texas. However, Texas does report all DUI/DWI convictions to the National Driver Register, which is maintained by the Department of Motor Vehicles. This information is then made available to other states upon request. Additionally, Texas law requires all DUI/DWI convictions to be reported to the Texas Department of Public Safety.

How have recent changes impacted the use of body cameras or dashcams during DUI stops in Texas?

Recent changes have had a positive impact on the use of body cameras and dashcams during DUI stops in Texas. In 2017, the Texas legislature passed a law that requires all law enforcement officers in Texas to wear body cameras while conducting traffic stops. This law applies to all officers, including those conducting DUI stops. The law also requires the recordings from the body cameras to be saved for at least 90 days and made available for review by supervisors or other personnel. Additionally, dashcams are now being used more frequently during DUI stops in Texas, as they provide audio and video evidence to ensure that arrests are conducted properly and charges can be substantiated. The recordings from dashcams must also be kept for at least 90 days and made available for review. In addition to providing additional data to help law enforcement better detect DUIs, the use of camera footage also helps protect both officers and citizens from false accusations or improper conduct.

Have there been changes to DUI laws related to accidents causing injury or death in Texas?

Yes, Texas has recently enacted new laws related to DUI accidents causing injury or death. The state now has a “DWI-Serious Bodily Injury” law that increases the punishment for drivers who cause serious bodily injury or death while under the influence, and a “DWI-Death” law that creates a felony offense for causing a death while intoxicated. The punishments for these offenses can include prison time and hefty fines. Additionally, there are increased penalties for individuals with multiple DWI convictions or if the driver’s BAC is over .15.

Are there new policies or laws regarding DUI expungement or record sealing in Texas?

In 2019, Texas passed a law that allows more people to petition for expunction or non-disclosure. The law allows those convicted of certain offenses, including a first-time DWI, to petition the court for expunction or non-disclosure of their record five years after their conviction. It also allows for expunction of records related to deferred adjudication after the completion of the deferred prosecution program.

Have recent legal changes affected DUI insurance rates in Texas?

Yes, legal changes have affected DUI insurance rates in Texas. In 2019, Texas enacted a law that requires minimum liability insurance coverage for individuals convicted of driving while intoxicated (DWI). The law requires drivers to hold liability insurance coverage of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 per accident for property damage. This law went into effect September 1, 2019.

As a result of this change, insurance companies in Texas have had to adjust their rates for DUI insurance. Rates have increased significantly in some areas as insurers factor in the higher cost of liability coverage associated with DWI convictions. Additionally, some insurers may require drivers convicted of DWI to obtain SR-22 insurance, which is an additional form of liability insurance. This type of insurance is usually more expensive than standard policies.

What changes have been made to DUI/DWI court processes and procedures in Texas?

1. Ignition Interlock Devices (IIDs): Texas has adopted an administrative procedure in which offenders of DUI/DWI crimes are required to use an ignition interlock device (IIDs) as part of their court process. This device is installed in a vehicle and requires the driver to blow into it in order to start the engine. If the driver has a blood alcohol content (BAC) of 0.02 or higher, the vehicle will not start.

2. Education and Treatment Requirements: Texas courts now require offenders to participate in educational programs focusing on the dangers of alcohol and drug abuse, as well as treatment programs if recommended by a judge.

3. Driver License Suspensions: Drivers found guilty of DUI/DWI crimes may be subject to having their driver license suspended for a period of time determined by the court.

4. Vehicle Forfeiture: Some courts may allow for vehicles to be forfeited if they were used in the commission of a DUI/DWI related crime.

5. Increased Penalties: Courts now have the ability to impose harsher penalties on offenders, including jail time, fines, community service, and/or probation.

Are there additional resources or diversion programs for individuals with substance abuse issues in Texas?

Yes, there are many additional resources and diversion programs available for individuals with substance abuse issues in Texas. Examples include:

– Texas Department of State Health Services: This department provides a variety of services including substance abuse treatment, prevention, and intervention programs.

– Texas Center for Addiction Recovery: This center provides residential, outpatient, and detoxification services for individuals with substance abuse issues.

– The Council on Alcohol and Drugs Houston: This organization provides a range of services to individuals with substance abuse issues, such as residential treatment, case management, and sober living.

– Recovery Centers of Texas: This center provides evidence-based treatment programs, including detoxification, individual and group therapy, relapse prevention, and more.

– Aliviane Inc.: This organization provides a variety of substance abuse services including prevention programs, case management, detoxification, and outpatient counseling.

– The Right Step: This organization provides residential and outpatient addiction treatment services for people in need.

– Hope House: This organization provides recovery-oriented housing for individuals in recovery from substance use disorders.

What is the process for staying informed about ongoing and future changes in DUI/DWI laws in Texas?

1. Monitor the website for the Texas Legislative Council, which publishes the Texas Statutes, which includes all current laws and amendments.

2. Read the Texas Penal Code sections related to intoxication offenses.

3. Regularly monitor publications from the Texas Department of Public Safety, which provides updates on changes in DUI/DWI laws and enforcement policies.

4. Stay informed about any proposed legislation relating to DUI/DWI laws in Texas by reading news reports or visiting legislative websites.

5. Sign up to receive email notifications from organizations like Mothers Against Drunk Driving (MADD), which provide updates on changes in DUI/DWI laws.