texas transportation code 502.040

Daniel Parker

2 min read

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01-03-2025

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Understanding Texas Transportation Code 502.040: Driving While Intoxicated

Texas Transportation Code § 502.040 addresses the serious offense of Driving While Intoxicated (DWI), also known as Driving Under the Influence (DUI) in other states. This law outlines the specifics of what constitutes DWI in Texas, the penalties involved, and the legal processes surrounding it. Understanding this code is crucial for anyone living in or driving through Texas.

What Constitutes a DWI under Texas Transportation Code 502.040?

According to § 502.040, a person commits DWI if they operate a motor vehicle in a public place while intoxicated. Intoxication is defined as having:

• A blood alcohol concentration (BAC) of 0.08% or more. This is the most common way a DWI is proven. Law enforcement uses breathalyzers or blood tests to determine BAC.
• An amount of alcohol that noticeably impairs the person's ability to drive safely. Even if your BAC is below 0.08%, you can still be charged with DWI if a police officer observes signs of impairment, such as erratic driving, slurred speech, or unsteady gait.
• Any amount of certain controlled substances or drugs that impair your ability to drive safely. This includes prescription medications that can cause impairment. The presence of these substances in your system, regardless of the amount, can lead to a DWI charge if impairment is evident.

Penalties for a DWI in Texas

The penalties for a DWI in Texas vary depending on several factors, including the driver's prior DWI history and the specific circumstances of the offense. These penalties can be severe and include:

• First Offense: This usually involves fines, jail time (potentially up to 180 days), and the loss of your driver's license for a specified period. You'll also likely face mandatory alcohol education or treatment programs.
• Second Offense: Penalties are significantly harsher, including longer jail sentences, higher fines, and an extended license suspension.
• Third or Subsequent Offenses: These can lead to felony charges with lengthy prison sentences, substantial fines, and a permanent loss of driving privileges.

Legal Procedures Following a DWI Arrest

If arrested for DWI, you have certain legal rights. It's crucial to understand these rights and seek legal counsel immediately. The process typically involves:

• Arrest and Field Sobriety Tests: Police officers will administer field sobriety tests to assess your level of intoxication. Refusal to comply can result in additional penalties.
• Chemical Tests (Breathalyzer or Blood Test): You may be required to submit to a chemical test to determine your BAC.
• Formal Charges: The district attorney will file formal charges against you.
• Court Appearance: You'll need to appear in court to address the charges. You may plead guilty, not guilty, or no contest.
• Trial or Plea Bargain: The case may proceed to trial or you may negotiate a plea bargain with the prosecution.

Additional Considerations

• Driving with a BAC of 0.08% or more is illegal in all US states. While this article focuses on Texas law, similar penalties exist nationwide.
• Never drive under the influence of alcohol or drugs. The consequences are severe, potentially resulting in injury or death for yourself and others. Plan ahead and designate a driver, use ride-sharing services, or call a taxi.

Seeking Legal Assistance

Facing a DWI charge can be overwhelming. It's essential to consult with a qualified Texas attorney specializing in DWI defense. They can explain your rights, guide you through the legal process, and help you build the strongest possible defense.

This information is for educational purposes only and does not constitute legal advice. For specific legal guidance regarding Texas Transportation Code 502.040, consult with a licensed attorney in Texas.