Note the official Texas State Statute on Driving While Intoxicated can be found online under Chapter 49 of the penal code, section 49.04.
You might be asking, what’s so special about Fulshear? Fulshear, Texas has seen some of the largest growth in population in recent years. In just a decade the city has gone from a tiny population of 1,134 to over 16,000 in 2021. Given its proximity to Houston, this shouldn’t be surprising, however, that proximity may explain a statistical anomaly in the data.
Fulshear’s county, Fort Bend County, has reported over 600 DWI cases every year for the last four years (with a high of 787 in 2018, the data ends in 2019). If you’re one of the newcomers to Texas you’ll want to get acquainted with the laws and terminology of the state.
DWI vs DUI in Texas
Different states use DWI and DUI differently which is annoying because of the laws put in place at the state level. Therefore you need to forget what you think you may know about what the terms mean. In Texas, DWI is the more common offense and applies to anyone drinking while intoxicated (usually from alcohol). DUI is used to talk about when minors in the state are caught driving under the influence.
Penalties for a DWI in Fulshear
The penalty for a first-time offender arrested, charged, and convicted of a DWI in Fulshear is up to 72 hours in a holding cell and a fine of up to $2,000 (assuming no one was harmed and you didn’t resist arrest). Additionally, your license can be suspended for 90 days.
A second offense is still a misdemeanor in the state but an elevated one. A second-time offender can expect a fine of up to $4,000 and the potential that your license is suspended for up to 2 years. This is the minimum in the State of Texas for a second-time offender. However, it’s important to note that an attorney may be able to have your charge reduced and therefore avoid minimum sentencing requirements.
Does Texas Require Ignition Interlock Devices?
Yes. Depending on the offense in question, whether it is your first or second offense, and how close the second offense was to the first offense, the judge may require you to have an ignition interlock device installed in your vehicle. These devices prevent the car from starting unless you pass a breathalyzer test.
An example of such a device can be seen below. Avoiding debates about whether it’s an intrusion of one’s freedom if the judge requires you to have such a device installed then the costs for doing so are on you. Furthermore, this sentence also comes with the requirement that you do not operate any vehicle that does not have an ignition interlock device installed on the vehicle.