DUI Laws in Texas
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Changes to Texas DWI Law Effective September 1, 2019
The State of Texas recently passed HB 3582, a bill that would authorize deferred adjudication as a sentencing option for certain defendants charged with driving while intoxicated and boating while intoxicated offenses.
Under the provisions of the bill, certain first-time offenders would be eligible for the sentencing option. Those with a commercial driver’s license (CDL), learner’s permit, or registered an alcohol concentration of .15 or greater will not be eligible.
The defendant would be required to install an ignition interlock device as a condition of deferred, unless, “based on a controlled substance and alcohol evaluation of the defendant, the judge determines and enters in the record that restricting the defendant to the use of an ignition interlock is not necessary for the safety of the community.”
Once the defendant has satisfied all of the requirements of the deferred program, a defendant may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record.
Additionally, a deferred adjudication sentence in these cases will still be considered a conviction for the purposes of enhancement of subsequent offenses. The bill also requires an ignition interlock device as a condition of release on bond for the offense of driving while intoxicated with a child passenger. The new law takes effect September 1, 2019.
Source(s): Tex. Penal Code § 49.04, Tex. Transp. Code § 521.246 Texas Department of Public Safety. Retrieved April 17, 2017 from http://www.txdps.state.tx.us/DriverLicense/AlcoholRelatedOffenses.htm
Last Updated: November 13, 2019
This information was obtained from third party sites and is for informational purposes only. Although Draeger attempts to keep in the information up to date, it is provided "as-is" and Draeger disclaims all warranties, express and implied, including but not limited to its accuracy and completeness. Any reliance on this information is at your sole risk. The information is not intended as legal advice and should not be relied on as such. If you need advice concerning the State’s requirements or your personal obligations please consult with your monitoring authority, attorney or local court.