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DWI Punishment & Penalties

DWI-Punishments - Trichter & LeGrand Law Firm

DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place.

 while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in either your breath, your blood, or your urine.

The DWI statute does not require you to be “drunk,” rather, it only requires that you to be “intoxicated” to be charged with DWI. 

When considering DWI punishment, we have to discuss the loss of normal mental/physical faculties must be caused by alcohol, drugs, a controlled substance, some other impairing substance, or a combination thereof in order to violate the DWI statute. 

Breakdown Of DWI Punishment By Offense:

  • FIRST TIME OFFENDERS with less than .15 BAC have the possibility of a fine not to exceed $3,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspension of 90 to 365 days (Class B Misdemeanor). Offenders with a BAC over .15 can have a fine up to $6,000
  • A SECOND OFFENSE penalties for DWI means the maximum fine increases to no more than $4,500.00 and/or jail from 30 days to one year, and a possible driver’s license suspension ranging from 180 days to 2 years (Class A Misdemeanor).
  • THIRD OFFENSE, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver’s license ranging from 180 days up to 2 years (3rd Degree Felony).
  • INTOXICATION ASSAULT is where an accident occurred with serious bodily injury resulted as a proximate cause of the intoxication. Upon conviction, the penalties for DWI are more severe. You can be sentenced to a minimum of two years and up to a maximum of 10 years in prison and may be fined up to $10,000.00.
  • INTOXICATION MANSLAUGHTER is a DWI where a death occurred in an accident and where the intoxication was the proximate cause of the death. Upon conviction, you can be sentenced to pay a maximum fine of $10,000.00 and/or be imprisoned from two to 20 years (2nd Degree Felonies).
  • DWI WITH CHILD PASSENGER is where a person is DWI and there is another person in the vehicle who is under 15 years of age. Punishment is by confinement in State jail for any term of not more than two years or less than 180 days and a fine not to exceed $10,000.00 (State Jail Felony).

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DWI Punishment In Texas

Most DWI punishment 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 punishment, 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.

Example:

Judge Justice says, “Mr. Defendant, your sentence is 180 days in jail, a $2,000 fine, and a year’s suspension of your driver’s license.”

DWI Defendant replies, “Holy cow, I can’t believe it, I’m going to jail!”

But all of the sudden the judge says, “However, I’m going to probate this sentence. Your jail is probated for 1 year, $1,500 of your fine is probated, and your driver’s license suspension is also probated.”

 

In layman’s terms, this means that if the defendant behaves for 1 year, he will:

  • NOT have to do the 180 days in jail.
  • Pay only $500 of the fine.
  • NOT have his driver’s license taken from him.

“Wait,” you say, “what does ‘behave’ mean?”

It means that the judge has offered the defendant a “deal” he can’t refuse. 

This deal is a contract between the defendant (you) and the court, and the contractual terms are simple: 

The judge promises not to put you in jail, not to make you pay the entire fine, and not to take away your driver’s license.

In exchange, if you agree to the probation as a result of your DWI punishment, you are agreeing generally to do the following:

  • >Report once a month to a probation officer.
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  • >Not commit any further crimes during the term of probation.
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  • >Pay a monthly supervisory fee to the probation office (approximately $40).
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  • >Perform a specified number of hours (approximately 24 to 48) of community service (volunteer work to benefit the community) during the term of your probation.
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  • >Attend DWI education classes dealing with the effects of alcohol or featuring victims of DWI-related tragedies (VIP Program).
  •  
  • >Abstain from consuming alcohol for the term of your probation.
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  • >Pay your non-probated fines and court costs.
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  • >Submit to a breath test by law enforcement or court personnel upon request.
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  • >Install an alcohol ignition interlock device on your car, and only drive a car equipped with such as device (not always required).
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  • >Make a small donation to MADD and/or Crime Stoppers.
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  • >Remain within the county of your residence unless given permission by the court to leave it.
  •  
  • >Fulfill any other requirements the court sets for you.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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