The implied consent for adults is similar to that of minors. Like the minor, an adult implies their consent to take one or more breath or blood specimen for analysis if they are arrested for operating a motor vehicle or watercraft in a public place while intoxicated, or if they are an adult up to 21 years of age and there is any detectable or noticeable amount of alcohol in their system while operating a motor vehicle in a public place as deemed by an officer.
The breath or blood specimen determines if alcohol is present in their body and will identify the amount of alcohol in their
system as well as the presence of any other controlled substances or drugs.
A person who refuses to give a blood or breath specimen for analysis will have their driver license suspended for 180 days. If a person submits to a blood or breath specimen and the results show a BAC of 0.08 or greater, their driver license may be suspended for 90 to 365 days. Anyone with a BAC of 0.08 or more is considered intoxicated.
|Offense||Fine||Confinement||Driver License Suspension|
|1st offense||Up to $2,000||72 hours to 180 days in jail||90 days to 365 days|
|2nd offense||Up to $4,000||30 days to 1 year in jail||180 days to 2 years|
|3rd and subsequent offenses||Up to $10,000||2 to 10 years in TDCJ||180 days to 2 years|
|DWI with passenger under 15||Up to $10,000||180 days to 2 years in state jail||90 days to 2 years|
|Intoxication assault||Up to $10,000||2 to 10 years in TDCJ||90 days to 2 years|
|Intoxication manslaughter||Up to $10,000||2 to 20 years in TDCJ||180 days to 2 years|