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New Penalties For A DWI In Texas

New DWI Penalties For DWI In Texas

NEW PENALTIES WENT INTO EFFECT SEPTEMBER 1, 2019

New Penalties For A DWI In Texas – Deferring Adjudication for 1st DWI Offense

As part of the new law, if you’re charged with DWI and had a BAC under .15, the judge may order you to deferred adjudication. 

This means you will be placed on probation. 

You’ll be required to have an Ignition Interlock Device installed on your vehicle. 

Once you complete the terms of the probation the conviction will not show up on your record. 

If you are charged with a second offense, the first can be referred to for enhanced sentencing purposes. 

Increasing Fines for DWI Offenses

ADDITIONAL TRAFFIC FINES FOR CONVICTION OF DWI OFFENSES

In addition to the fine prescribed for the specific offense, a person who has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated shall pay a fine of:

(1) $3,000 for the first conviction within a 36-month period;

(2) $4,500 for a second or subsequent conviction within a 36-month period; and

(3) $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 the analysis was

DWI with a 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).

For an intoxication assault 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).

Under Texas law, a person commits a driving while intoxicated (DWI) offense when the person is intoxicated while operating a motor vehicle in a public place. 

In Texas, a person is legally intoxicated and may be charged with Driving While Intoxicated (DWI) with a .08 BAC. A person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. 

Requiring Ignition Interlock Devices in DWI Arrests Involving Children

If a person was arrested for driving while intoxicated with a child passenger, they must have an Ignition Interlock Device installed on their vehicle as a requirement of posting bond.

Click Here To Read The Old Penalties For A DWI In Texas Prior To Sept 1, 2019

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

One case is by the Texas Department of Public Safety to suspend your drivers license and the other is the criminal case by the State of Texas. 

You only have 15 days to act or you will lose your drivers license and your first case. 

We Recommend you get the best DWI attorney you can afford and fast.

Ross “Maverick”
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
Brandon Baker
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
Paris Pshouq
Of course america, Mr trichter is the best lawyer I see ever .
Paris Pshouq
15/09/2022
Luke Fritz
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
Josh Reynolds
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
KM
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.
KM
01/08/2022
Air Wreck
Don’t think about it twice. If you need help with a DWI hire my man Leslie LeGrand!
Air Wreck
03/07/2022

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