San Antonio Texas Traffic Offenses

Below is a list of the most common offences we deal with on a day to day basis. Each page will help you understand charge and how it may affect you and your auto insurance. If you don’t see your specific offence listed here please do not hesitate to call us for a free consultation.

Before you pay a speeding ticket, make sure you know exactly what the penalties against you are. Not only do speeding tickets carry a fine amount payable to the courts, but most carry points that can drastically increase your insurance rates and also put you at risk for paying high yearly fees of the DMV. Some tickets even carry automatic licence suspensions if you are convicted of them.

  • 1 – 10 mph over posted limit 3 points
  • 11 – 20 mph over posted limit points + possible license suspension
  • 21 – 30 mph over posted limit 6 points + possible license suspension
  • 31 – 40 mph over posted limit 8 points + possible license suspension
  • 40+ mph over posted limit 11 points + license suspension

If you pay a speeding ticket you are automatically pleading guilty to the charge and will have to pay the fine along with receiving the respective points on your record.

Before you pay a Driving with No Insurance Ticket, make sure you know exactly what the penalties are against you and your license.

Diving with no insurance is a serious offence and can have far greater repercussions than just the fine amount or Points.  A Driving With No Insurance charge can carry a license suspension or revocation and even possible jail time along with the hefty fine.  A first time offence of Driving Without Insurance carries an automatic license suspension or revocation for 1 year!  This can even be implemented if someone else was driving your uninsured car.  The fine amounts can be as much as $1500 with an additional cost of $750 to the DMV as a civil penalty to get your license back after the revocation.   Even if you believe that you had insurance, without knowing your insurance lapsed, your driving privileges could be taken away for a year!

Before you pay a Reckless or Careless Driving ticket, make sure you know exactly what the penalties are against you.  Not only do they carry a fine amount payable to the courts, but they also carry demerit points that can drastically increase your insurance rates and also put you at risk for paying high yearly fees to the DMV.  A Reckless Driving ticket may even carry automatic license suspensions if you are convicted.

Careless and Reckless Driving are both broad charges and rely largely on the officer’s discression.  These charges are often given when no specific offence has been committed (such as disobeying a sign or speeding) but the officer feels the need to lay a charge against you.  Since there are no specifics to the charges, they can usually be disputed with the proper investigation and evidence presented.

  • Reckless Driving – 5 Points
  • Careless Driving – 2 Points

Since both Reckless and Careless driving are usually given along with other offences, the accumulation of an abundance of Points against your license is a possibility.  Points can affect more than just your insurance rates.  Visit our Driver Violation Points page for information on the DMV’s Driver Assesment Program

Before you pay a Red Light Ticket, make sure you know exactly what the penalties against you are.  Not only do Red Light Infractions carry a fine amount, but also will likely carry 3 points and can increase your insurance rates.  There are two types of Red Light Infractions:  Red Light Ticket given by a police officer and Red Light Camera Tickets.

Red Light Infractions Given by a Police Officer
Red Light Infractions given by a police officer have both a fine amount to be paid along with 3 points.  When you receive a Red Light ticket from an officer you will have three options:

1) Pleading Guilty
2) Pleading Guilty with an Explanation
3) Trial / Not Guilty

If you pay a Red Light ticket you are automatically pleading guilty to the charge and will have to pay the fine along with receiving 3 points on your drivers abstract (record) that will likely increase your insurance rates.  A plea of guilt with an explanation is not a trial and your ticket will not be eliminated off of your record with this option.  The trial option is the only way to fight for dismissal of the ticket or for a drastic reduction in the fine or points.

Red Light Camera Tickets
Red Light Camera tickets are not given by a police officer, but are mailed to the owner of the vehicle.  These tickets have a larger fine amount attached to them, but no points. Since the Red Light Camera does not know who is driving the car and does not provide driver’s licence information, points and a conviction against a specific person is not possible.  The owner of the car is responsible for paying the fine, but the ticket will not appear on their driver’s record nor will they receive any points for the offence.  There is no point in fighting a Red Light Camera ticket in court since it does not register on your record, however, the fine does need to be paid since the owner of the car may have their permit validation refused or may be refused a new permit if the fine is outstanding.

Before you pay a traffic ticket for Driving Under Suspension, make sure you know exactly that the penalties are against you.  Driving with a suspended license can have far greater repercussions that just the fines and Points.  Most Suspended license tickets carry a possibility of jail time or probation.

Aggravated Unlicensed Operation (AUO) is the term for Driving with a suspended license.  There are three degrees of AUO all with different penalties.

1. AUO – 3rd Degree: This is the offence given for driving with a suspended or revoked license.  This is a misdemeanour that carries a fine amount in between $200 – $500 with possible imprisonment of up to 30 days or probation.

2. AOU – 2nd Degree: This is the offence given for driving with a suspended or revoked license along with one of the following:

    • When the suspension is due to a conviction of an alcohol or drug related violation
    • If the driver has three or more license suspensions, imposed on at least three different dates, for failing to respond to a traffic ticket.
    • The driver has been charged within 18 months following a conviction of AUO-3rd Degree
    • The original suspension was a mandatory suspension resulting from an alcohol or drug related offence.

This is a misdemeanour that carries a fine amount of $500 – $1000 with mandatory jail time of up to 180 days or probation.

3. AOU – 1st Degree: This is the offence given for driving with a suspended or revoked license along with one of the following:

    • The driver is impaired or intoxicated, with a license or privilege currently under suspension or revocation for an alcohol or drug-related violation
    • The driver has in effect 10 or more license suspensions, given on at least 10 different dates for failure to respond to tickets.

This is a felony that carries a fine of $1000 – $5000 along with mandatory jail time of up to 4 years or probation and possible seizure and forfeiture of the vehicle driven.

Driving under the influence of drugs and/or alcohol are serious crimes that carries hefty penalties.  Before you plea guilty to a DUI or DWI charge, make sure you know exactly what the penalties against you could be.

Penalties for Alcohol-related and Drug-related Violations

Violation (1)

Mandatory Fine (2)

Maximum
Jail Term

Mandatory Driver License Action (3)

Aggravated Driving While Intoxicated (A-DWI)

$1,000 – $2,500

1 year

Revoked for at least one year

Second A-DWI in 10 years (E felony)(1)

$1,000 – $5,000

4 years

Revoked for at least 18-months (5)

Third A-DWI in 10 years (D felony)(1)

$2,000 – $10,000

7 years

Revoked for at least 18-months (4,5)

Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)

$500 – $1,000

1 year

DWI-Revoked for at least six months
DWAI-Drugs – Suspended for at least six months

Second DWI/DWAI-Drug violation in 10 years (E felony)(1)

$1,000 – $5,000

4 years

Revoked for at least one year

Third DWI/DWAI-Drug violation in 10 years (D felony)(1)

$2,000 – $10,000

7 years

Revoked for at least one year (4)

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)

$500 – $1,000

1 year

Revoked for at least six months

Second DWAI/Combination in 10 years (E felony)(1)

$1,000 – $5,000

4 years

Revoked for at least one year/18 months (5)

Third DWAI/Combination in 10 years (D felony)(1)

$2,000 – $10,000

7 years

Revoked for at least one year/18 months (4,5)

Driving While Ability Impaired by Alcohol (DWAI)

$300 – $500

15 days

Suspended for 90 days

Second DWAI violation in 5 years

$500 – $750

30 days

Revoked for at least six months

Zero Tolerance Law

$125 civil penalty and $100 fee to terminate suspension

None

Suspended for six months

Second Zero Tolerance Law

$125 civil penalty and $100 re-application fee

None

Revoked for one year or until age 21

Chemical Test Refusal

$500 civil penalty ($550 for commercial drivers)

None

Revoked for at least one year/18 months for commercial drivers

Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal

$750 civil penalty

None

Revoked for at least 18 months/permanent CDL revocation for commercial drivers

Chemical Test Refusal –
Zero Tolerance Law

$300 civil penalty and $50 re-application fee

None

Revoked for at least one year.

Chemical Test Refusal –
Second or subsequent Zero Tolerance Law

$750 civil penalty and $50 re-application fee

None

Revoked for at least one year.

Driving Under the Influence – (Out-of-State)

N/A

N/A

Suspended for 6 months. If less than 21 years of age, revoked at least one year.

Driving Under the Influence – (Out-of State) with any previous alcohol-drug violation

N/A

N/A

Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term).

  1. Greater penalties can also apply for multiple alcohol violations within a 10 year period
  2. Surcharges are added to misdemeanors ($160 and felonies ($270)
  3. The driver licence penalties for drivers under the age of 21 and for drivers of commercial vehicles and other professional drivers are different
  4. Three or more alcohol or drug related convictions or refusal within 10 years can result in PERMANENT REVOCATION of your driver’s licence
  5. A driver with a Aggravated DWI conviction within the prior 10 years will receive a minimum 18 month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination.  Also a driver with a prior DWI, DWAI/Drugs or DWAI/Combination within the prior 10 years will also receive a minimum 18 month revocation

Alcohol and Drug Related Violations in New York State:

DWI: Driving While Intoxicated; .08 BAC (Blood Alcohol Concentration) or other evidence of intoxication

Aggravated DWI: Aggravated Driving While Intoxicated; .18 BAC or higher

DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment

DWAI/Drug: Driving While Ability Impaired by  single drug other than alcohol.

DWAI/Combination: Driving While Ability Impaired by a combined influence of drugs or alcohol.

Chemical Test Refusal: A driver who refuses to take a chemical test (breath blood or urine)

Zero Tolerance Law: A driver who is less that 21 years of age who drives with a .02 to .07 BAC.