3D Defensive Driving

Defensive Driving Traffic Safety Tips

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Counter Measures

Conviction of DUI

A person may be convicted of "driving while intoxicated" with a blood alcohol concentration of 0.10% in all states, and in Texas 0.08%.

Fines, imprisonment and loss of driving license are all penalties of a DUI.

  • 1st offense is a Class B misdemeanor.
  • 2nd offense is a Class 1 felony.

If you are involved in a collision and convicted of Intoxication manslaughter, it is a Class 2 felony.


Financial Consequences

The financial consequesnce of being convicted are numerous. Here are a few:

  • Cost of bail
  • Cost of towing and impounding your vehicle
  • Cost of defense attorney
  • Fine and penalties
  • Possible loss of job and wages
  • Expensive insurance premiums
  • Civil damage awards in case of crash or injury



Financial Consequences (Continued)

Upon arrest, you'll need money to post bail. Otherwise, you stay in jail pending trial. You will also pay for having your car towed plus daily impoundment fees. When your case goes to trial, you'll have to hire an attorney to defend you in court.

If convicted, there will be fines up to $2000. If sent to jail, you will be out your wages, maybe even out of a job. Your insurance premiums will rise and could possibly double. If you kill or injure someone, you face expensive attorney fees, court costs and civil damages that could even bankrupt you.


Proof of DUI

Under the implied consent law, you face automatic suspension of your driver's license for refusing to submit to the breathalyzer test.


The law states that when you drive a motor vehicle you have given your consent to be tested for chemical substances by means of any of the following:




Proof of DUI (Continued)

The testing must be a result of a lawful arrest by a police officer. And there must to be reasonable cause to believe that the driver was under the influence of a chemical substance.

The driver has a choice of a breath test, a blood test or a urine test. If a person is incapable of completing one test, they have the choice of taking any of the other tests.

The purpose of the test is to verify the blood alcohol level of the driver, and could prove the driver is NOT GUILTY of the.08 level.


Refusal to Submit

If the driver refuses to take the test, or is unable to complete it, that information can be used against him in court. The drivers’ license will be automatically suspended, simply for refusing the test.

The driver does NOT have the right to have an attorney present to take the test, or to help him decide which test to take.

Many police units use videotape to help build very strong cases against suspected drunk drivers. Without test results, it will be your word against the arresting officers word.


Open Container Law

It is illegal in Texas to possess an open container in the passenger area of a motor vehicle containing ANY amount of alcoholic beverage. This does not apply to taxis, buses, limousines, or the living quarters of a motor home.