Best DUI Lawyers Austin, TX Of 2024 – Forbes Advisor – Forbes

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DUI laws in Texas can change from year to year. As a result, having an experienced Austin DUI lawyer who regularly practices in this area of the law is an important first step in protecting yourself. An experienced lawyer will provide advice that is tailored to your case and know the best steps to take in your defense.

Legal Blood Alcohol Concentration (BAC) in Texas

All drivers are prohibited from operating a motor vehicle in Texas when their blood alcohol concentration (BAC) or breath alcohol concentration (BrAC) is 0.08 or greater. The law considers people with this BAC to be presumptively under the influence of alcohol to such a degree that they cannot safely drive.

However, this is not the only BAC limit Texas recognizes. Drivers of commercial vehicles cannot drive their trucks with a BAC above 0.04, and a driver who is under 21 is not permitted to drive with any alcohol in their system.

Moreover, even if you have only a small amount of alcohol in your system, you can still be charged with driving while intoxicated if a law enforcement officer determines that you are impaired and incapable of safely operating your vehicle.

Implied Consent Laws in Texas

Texas’ implied consent law means that if you drive on any road in Texas, you have implicitly given your consent to breath or blood testing to detect the presence of alcohol. However, in practice, police cannot forcibly take a breath or blood sample from you without your express consent or a warrant.

Instead, when you refuse a breath or blood test, the officer will likely get a warrant authorizing a qualified individual to draw a blood sample from you. You can also face a driver’s license suspension if you refuse an officer’s request for testing.

DUI Penalties in Texas

DWI and DUI penalties include fines and incarceration in jail or prison. The severity of these penalties increases with the number of previous DWI or DUI convictions you have. You can also be placed on probation, be ordered to complete alcohol testing and have to complete community service as part of your sentence.

The penalties for DUI can be summarized as follows:

Prosecutors and courts may sentence you more severely if you have a BAC of 0.15 or higher. You can face additional charges and penalties if you are caught driving under the influence with a child under the age of 15 in your vehicle.

What to Expect After a DUI Arrest in Texas

Once the officer places you in cuffs, you will be taken either to the police station or to jail for further testing. You will likely be asked to submit to a breath analysis. The officer may instead ask you for a blood sample or get a warrant that authorizes a qualified person to take a blood sample from you.

You will likely be imprisoned no matter your BAC and must post a bond to get out. Finally, the officer will give you a written notice telling you that you have 15 days to ask for a driver’s license hearing. If you do not, you will lose the right to request another hearing and your license will automatically be suspended.

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