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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

Common DWI Questions

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:

  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
  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 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?

DWI Lawyers Trichter and LeGrand Law Firm

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.

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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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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