What to Expect with a DWI in a Rental Car in Texas?

Facing a DWI charge in Texas is daunting, but when it happens in a rental car, the complications multiply. Suddenly, you’re not just dealing with legal penalties—you could also be on the hook for damages, impound fees, and even a breach of your rental agreement. The stakes are high, and the consequences can be severe, affecting your finances, your freedom, and your ability to rent a car in the future.

Understanding what lies ahead is crucial to protecting your rights and minimizing the impact of a DWI in a rental vehicle.

What is a DWI?

Driving While Intoxicated (DWI) is a criminal offense that occurs when a person operates a motor vehicle while impaired by alcohol or drugs. In many jurisdictions, including Texas, this typically involves having a Blood Alcohol Concentration (BAC) of 0.08% or higher.

DWI laws apply to driving under the influence of any type of drug. This includes prescription drugs, over-the-counter drugs, and illegal drugs. Penalties for a DWI can vary depending on the seriousness of the offense and past convictions. These penalties may include fines, jail time, license suspension, alcohol education programs, and other consequences.

Legal Penalties for DWI in Texas

Texas Penal Code § 49.04 defines Driving While Intoxicated (DWI) in Texas. The statute specifies that a person commits the offense of DWI if they operate a motor vehicle in a public place while intoxicated. The legal penalties can vary depending on whether it’s your first, second, or third offense:

Fines:

• First offense: Up to $2,000
• Second offense: Up to $4,000
• Third offense: Up to $10,000

Jail Time:

• First offense: 3 to 180 days
• Second offense: 30 days to 1 year
• Third offense: 2 to 10 years

License Suspension:

• First offense: 90 days to 1 year
• Subsequent offenses: 6 months to 2 years

DWI Surcharges:

• Up to $2,000 per year for three years to retain your driver’s license

Community Service:

• First offense: 24 to 100 hours
• Subsequent offenses: 80 to 600 hours

DWI-Related Accident in a Rental Car

Being involved in an accident with a rental car is stressful, but when a DWI charge is added to the mix, the situation becomes even more complicated. Not only do you have to deal with legal consequences, but you also face significant financial responsibilities. From managing insurance claims to handling the rental company’s policies, understanding what to expect can help you navigate the challenges and mitigate the impact on your finances and future rental options.

Dealing with the Rental Company

Reporting the Accident: You need to report a motor vehicle accident in Texas to the police if there is an injury or fatality, the vehicles cannot be moved, or if there is property damage over $1,000

Insurance Claims: Most rental company insurance policies won’t cover accidents or damages if you are driving under the influence. You might have to file a claim with your own auto insurance, but your coverage could be limited based on your policy’s rules about DWI incidents.

Car Rental Company Actions: The rental car company can charge you for any damages or losses caused by the DWI, including the time the vehicle is out of service for repairs. They might also take legal action against you to recover their costs.

Rental Agreement Violations

Breach of Contract: Driving under the influence typically violates the terms of your rental agreement. Rental companies generally include clauses prohibiting illegal activities, including DWI, while operating the rental vehicle.

Financial Liability: If you’re arrested for DWI after a crash in a rental car, you will likely be responsible for all associated costs. This includes towing, storage, and daily charges to the rental agency if the car is impounded. You’ll likely be responsible for repair costs and the rental company’s lost income while the car is in the shop. If the car is totaled, you may have to pay for its full value. Your rental agreement likely holds you responsible for returning the car in its original condition, even if the accident wasn’t your fault.

Car Rental Company Policies: After a DWI incident, the rental company may blacklist you, preventing you from renting vehicles from them in the future.

Arrested? Don’t Plea, Call Me!

A DWI charge in a rental car in Texas adds layers of complexity to an already serious situation. Beyond the legal consequences, the financial and logistical fallout can be significant. Understanding the potential penalties and taking immediate steps to secure legal assistance can help mitigate the impact. Keep in mind, the most effective method to evade these repercussions is straightforward: refrain from drinking and driving.

If you or someone you know is facing a DWI charge and dealing with a rental car incident, don’t handle it alone. Contact our Texas DWI attorneys today for a comprehensive consultation. Our experienced attorneys specializing in DWI cases will work to protect your rights, minimize the impact of the charges, and guide you through every step of the legal process.