What Are the Penalties for DWI in Texas?
DWI in Texas can come with a variety of penalties and potential punishments depending on the severity of your charges and whether or not you’re actually convicted. While the potential penalties do have a wide range, they are all fairly severe — DWI is a serious offense in the state of Texas, and the potential consequences are equally serious.
Here, we’ll cover a number of the potential penalties and some of the circumstances that may impact how severe the penalties are. For more information about the associated penalties associated with various DWI or DUI charges, we go into detail here.
Potential penalties for DWI in Texas include:
- First-time DWI offenders with less than .15 BAC
- Possibility of a fine not to exceed $2,000.00
- Possibility of a jail sentence from 3 days to 180 days
- For second DWI offenses
- Maximum fine may increase to no more than $4,000.00
- Maximum jail time range may increase to 30 days to 1 year
- For third DWI offenses
- Maximum fine may increase to no more than $10,000.00
- Maximum jail time range may increase to 2 years to 10 years
- For intoxication assault
- May be fined up to $10,000.00
- Can also be sentenced to 2 to 10 years in prison
- For intoxication manslaughter
- May be fined a maximum of $10,000.00
- and/or imprisoned for 2 to 20 years
- For DWI with a child passenger
- May be fined a maximum of $10,000.00
- And/or imprisoned for 180 days to 2 years
The penalties and fines may vary according to your particular case's specific circumstances and details. In some cases, you may be charged with several different offenses for a single incident, or you may not be formally charged. It’s important to discuss your case with a professional DWI attorney to understand better the charges you may be facing and any potential penalties, fines, or additional charges.
For your free initial consultation, call Law Offices of Gary Trichter at (979) 472-3858 or use our online form today.
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- 1st Offense DWI
- 2nd Offense DWI
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- DWI Penalties
- Boating While Intoxicated
- BWI With Child
- DWI with CDL
- Driver License Suspension
- DWI Expunction
- DWI Probation
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- Field Sobriety Tests
- Flying While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter
- Marijuana DWI
- Pilots with DWI
- Public Intoxication (PI)
- DUI For Minors Only
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“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
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Further Details on Particular DWI Convictions & Penalties
DWI with a child passenger is another potential charge, where a person is operating a motor vehicle while intoxicated and there is another person in the vehicle who is under 15 years of age.
This conviction is considered a state jail felony. Punishments for this may include:
- Confinement in a state jail for any term of not more than 2 years or less than 180 days
- A fine not to exceed $10,000.00
Intoxication assault is where an accident occurred resulting in serious bodily injury, which was the proximate cause of the intoxication.
Upon conviction, the penalties for this DWI are more severe and may include:
- A minimum of two years, up to a maximum of 10 years, in prison
- A fine of up to $10,000.00
Intoxication manslaughter is a DWI where a death occurred in an accident and where intoxication was the proximate cause of the death.
This can be considered a 2nd degree felony, and upon conviction, penalties may include:
- Imprisonment from 2 to 20 years
- A maximum fine of $10,000.00
Under Texas law, a person commits a driving while intoxicated (DWI) offense when the person in question is:
- Operating a motor vehicle in a public place
- Operating a motor vehicle while intoxicated
If you are arrested or charged and both criteria are met, you may be charged with a DWI according to Texas state law. Additionally, in Texas, a person is legally intoxicated and may be charged with a DWI with a .08 BAC or if they are impaired due to alcohol or other drugs, regardless of BAC.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
Additional Traffic Fines for Conviction of DWI Offenses in Texas
In addition to the prescribed fines for specific offenses, persons finally convicted of an offense relating to the operation of a motor vehicle while intoxicated shall pay one or more of the following fines:
- $3,000 for the first conviction within 36 months
- $4,500 for a second or subsequent conviction within 36 months
- $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time of the analysis.
DWI Punishment in Texas
Most DWI punishments as a consequence of convictions result in probation, which means your jail sentence is suspended, you’ll be fined, or your driver’s license will be suspended by the court.
Said another way, upon conviction, the judge pronounces a jail sentence, a fine sentence, and a driver’s license suspension, but suspends that jail sentence and places the person on “community supervision” (also known as probation) instead.
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1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
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