DUI LawsTexas DUI Laws
Texas Drivers License Suspension Periods, DUI Statutes,
Ignition Interlock Devices
1. Driving on Roadway Laned for Traffic. Texas Transportation Code § 545.060
2. Conditions requiring motor vehicle ignition interlock. Texas Code Criminal Procedure Article 17.441.
2.1 Interlock as a condition of community supervision. Texas Code Criminal Procedure Ar. 42.12 § 13(i)
3. No Deferred Adjudication for Intoxication Offenses. Texas Code Criminal Procedure Article 42.12, § 5(d)(1)(a)
4. No Early Release for DUI. Texas Code Criminal Procedure Article 42.12, § 20(b)
5. Jail Time as a Condition of DUI Conviction. Texas Code Criminal Procedure Article 42.14, § 13(a)(1)
1. Driving on Roadway Laned for Traffic. Texas Transportation Code § 545.060
(a) An operator on a roadway divided
into tow or more clearly marked lanes for traffic:
(1) shall drive as nearly as practical entirely
within a single lane; and
(2) may not move from the lane unless that movement can be made
safely.
2. Conditions requiring motor vehicle ignition interlock. Texas Code Criminal Procedure Article 17.441.
(a) Except as provided by Subsection
(b), a magistrate shall require on release that a defendant charged
with a subsequent offense under Sections 49.04-49.06, Penal Code, or an
offense under Section 49.07 or 49.08 of that code:
(1) have installed on the motor vehicle
owned by the defendant or on the vehicle most regularly driven by the
defendant, a device that uses a deep-lung breath analysis mechanism to
make impractical the operation of a motor vehicle if ethyl alcohol is
detected in the breath of the operator; and
(2) not operate any motor vehicle
unless the vehicle is equipped with that device.
(b) The magistrate may not require the
installation of the device if the magistrate finds that to require the
device would not be in the best interest of justice.
2.1 Interlock as a condition of community supervision. Texas Code Criminal Procedure Ar. 42.12 § 13(i)
...If it is shown on the trial of the
offense that an analysis of a specimen of the person's blood, breath,
or urine showed an alcohol concentration level of 0.15 or more at the
time the analysis was performed ... the court shoal require as a
condition of community supervision that the defendant have the device
installed on the appropriate vehicle and that the defendant not operate
any motor vehicle unless the vehicle is equipped with that
device.
3. No Deferred Adjudication for Intoxication Offenses. Texas Code Criminal Procedure Article 42.12, § 5(d)(1)(a)
(d) In all other cases the judge may
grant deferred adjudication unless:
(1) the defendant is charged with an
offense:
(A) under Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; ...
4. No Early Release for DUI. Texas Code Criminal Procedure Article 42.12, § 20(b)
(b) This section does not apply to a
defendant convicted of an offense under Sections 49.04-49.08, Penal
Code ...
5. Jail Time as a Condition of DUI Conviction. Texas Code Criminal Procedure Article 42.14, § 13(a)(1)
(a) A judge granting community
supervision to a defendant convicted of an offense under Chapter 49,
Penal Code, shall require as a condition of community supervision that
the defendant submit to:
(1) not less than 72 hours of
continuous confinement in county jail if the defendant was punished
under Section 49.09(a); not less than five days of confinement in
county jail if the defendant was punished under Section 49.09(b) or
(c); or not less than 30 days of confinement in county jail if the
defendant was convicted un
