What Are The Penalties For DWI In Texas?

July 31, 2023June 9, 2013 by Jim Slaton

(713) 524-1010

PENALTIES FOR DWI IN TEXAS

Everything You Need To Know

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:

(list updated Sept 1, 2019)

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 one 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 2-10 years in prison

For Intoxication Manslaughter:

May be fined a maximum of $10,000.00

and/or imprisoned for 2-20 years.

The penalties and fines may vary according to the specific circumstances and details of your particular case. In some cases, you may be charged with several different offenses for a single incident, or you may not be formally charged at all. It’s important to discuss your case with a professional DWI attorney so that you can better understand the charges you may be facing, as well as any potential penalties, fines, or additional charges.

ADDITIONAL TRAFFIC FINE FOR CONVICTION OF DWI OFFENSES

In addition to the prescribed fines for specific offenses, persons finally convicted of an offense relating to the operating of a motor vehicle while intoxicated shall pay one or more of the following fines:

$3,000 for the first conviction within a 36-month period
$4,500 for a second or subsequent conviction within a 36-month period
$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.

Further Details on Particular DWI Convictions and 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 State jail for any term of nor more than two 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 resulting as a 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 occured 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 of these 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.

ARRESTED FOR DWI?

If you have been arrested and charged with a DWI or DUI in the State of Texas you are facing two cases against you.

The first case is by the Texas Department of Public Safety, to suspend your driver’s license. The second case is the criminal case by the State of Texas.

You only have 15 days to act, or you will lose your driver’s license and your first case. We recommend you get the best DWI attorney you can afford and fast.

Improve your chances of fighting your case with just one call. Get a free consultation with our DWI attorneys today.

Mr. Trichter and the entire staff was extremely knowledgeable, professional, caring and compassionate. Mr. Trichter has an immense amount of knowledge. Including the details and specifics of dealing with the FAA after an arrest. As a fellow aviator and aviation enthusiast there is connection and passion that is priceless. Anytime I had a question or concern I knew I could reach out and have a reliable and caring person to help me. The end result of the case was favorable but more importantly the personal growth I obtained with the help of Mr. Trichter is something I will have for the rest of my life. I am so thankful I chose Mr. Trichter to represent me.

Ross “Maverick”

27/10/2022

If you are in search of a good lawyer, or having doubts about choosing one that will remain in your corner and back your play, I strongly recommend Mr.Gary Trichter, Mr.Trichter along with his legal staff were super beneficial and helpful to me when I needed help the most as a good DWI team they came together and got me through one of the darkest times in my life and I couldn’t be more appreciative and thankful, all the hard work and dedication from the Trichter law team, I would strongly recommend them to anyone In need of assistance for DWI or just a good lawyer to go to bat for you in your time of need.

Brandon Baker

18/09/2022

Of course america, Mr trichter is the best lawyer I see ever .

Paris Pshouq

15/09/2022

I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. I can not express the amount of gratitude I have for him. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!

Luke Fritz

14/09/2022

Aaron White was very helpful and detailed. Explained things to me every step of the way and was able to get my case dismissed. Thank you very much!

Josh Reynolds

24/08/2022

I feel very fortunate to have selected Greg Houlton to represent me in my two DUI cases. My arrests occurred within three months of each other and I was sure I'd be facing jailtime, considering the circumstances of my arrests. It was a very difficult time and I was obviously struggling in my personal life. But within the first few minutes of meeting Greg, he made me feel very comfortable and insisted that I take care of myself, first and foremost, and let him deal with the legal proceedings. So that's what I did and Greg won both of my ALR hearings and got one of my cases dismissed. I received a year and a half of probation with no jailtime or significant fine. Greg by far exceeded my expectations and I couldn't be more pleased with the outcome. I can't say enough about Greg and his professionalism and the calming effect he had on me throughout this stressful period.

01/08/2022

Don’t think about it twice. If you need help with a DWI hire my man Leslie LeGrand!

Air Wreck

03/07/2022

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

GET STARTED

LEGAL TEAM

DWI DEFENSE

SERVING

FREE CONSULTATION

(713) 524-1010 (Houston Office)

(830) 796-8878 (Hill Country Office)

CONNECT WITH US

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.

Sitemap

What is DWI and its potential punishment?

November 22, 2022June 9, 2013 by Jim Slaton

713.524.1010

24/7 FREE CONSULTATION

(713) 524-1010

DWI Punishment & Penalties

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).

GET A FREE CONSULTATION

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.
>Not commit any further crimes during the term of probation.
>Pay a monthly supervisory fee to the probation office (approximately $40).
>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.
>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.
>Pay your non-probated fines and court costs.
>Submit to a breath test by law enforcement or court personnel upon request.
>Install an alcohol ignition interlock device on your car, and only drive a car equipped with such as device (not always required).
>Make a small donation to MADD and/or Crime Stoppers.
>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.
GET A FREE CONSULTATION