NEW TEXAS DWI BILL – HOUSE BILL 1199

DWI is big in Texas, and every week hundreds of Texas are arrested for driving while intoxicated. There has been a long debate going on in the Texas State Senate for taking some stronger actions against DWI offenders. The demand for a new bill to enhance penalty for DWI offenders was in debate for years.

Last week, Texas Governor Rick Perry signed into law House Bill 1199.  This law will become effective September 1, 2011 and will enhance the penalty for driving while intoxicated.  The law permits an individual to be charged with a Class A misdemeanor if they are arrested for driving while intoxicated and their breath or blood tests show that there BAC level is 0.15 or higher.  Normally, a second offense DWI falls under a Class A misdemeanor, not a first offense DWI.

The new law, House Bill 1199, enhances the misdemeanor class of a 1st DWI if the driver’s BAC level is higher than 0.15 at the time of the blood, breath, or urine test.  The previous law charged an individual with a first offense DWI with a maximum of 180 days in jail and a fine of $2,000.  Under the new law, the individual’s first DWI offense will be charged with a class A misdemeanor and a $4,000 fine, if it is found that their BAC level is 0.15 or above.

HB 1199 does not provide limitations as to how long after the stop (of the drunk driver) the test must be obtained.  The law does not consider whether or not the driver is in the absorption stage or the elimination stage at the time of the BAC testing.  Also, the test does not give an explanation as to why such a subjective BAC level was chosen as the line of demarcation between a Class A and a Class B misdemeanor DWI.

If you or a loved one is facing a DWI charge, hire our experienced DWI attorneys for your case. Contact us at 972.789.1664, email us at contact@dallasarealaw.com, or fill the form above to discuss your case with a free consultation.