WHAT ARE THE PENALTIES FOR A DWI IN TEXAS BEFORE SEPTEMBER 1, 2019?
The First-Offense penalties for DWI conviction with less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 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). Where, however, there is a BAC .15 or more, the possibility of a fine increases to $4,000 and jail increases to one year (Class A misdemeanor).
- FIRST TIME OFFENDERS who had a BAC of .08 to .14 may apply for a "non-disclosure" two years after your probation ends. But you must install an ignition interlock device on your vehicle and keep it for 6 months. A non-disclosure restricts who can see your criminal record. Ask your attorney for more information about this program.
- A SECOND OFFENSE penalties for DWI means the maximum fine increases to no more than $4,000.00 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). Note that imprisonment is in a state-run penal institution whereas jail is a county-run institution. A felony conviction also disqualifies the person from voting and possessing a firearm. An open alcohol container increases the minimum jail penalty to six days in jail.
- 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. If you get a probated sentence, you'll serve a 30-day minimum jail sentence. Additionally, you may be fined up to $10,000.00 (a 3rd Degree Felony) if the vehicle was driven in a way that made it a “deadly weapon.” In this case, there is an additional penalty that prohibits good time credit in prison to be considered for early release until half of the sentence has been satisfied.
- 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). Where probation is granted, you must serve a required 120-day jail sentence. If the vehicle was driven in a way that made it a “deadly weapon”, then there is an additional penalty that prohibits good time credit in prison to be considered for early release until half of the sentence has been satisfied.
- 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).
WHAT ARE THE PENALTIES AFTER SEPTEMBER 1, 2019?
- For first time DWI offenders with less than .15 BAC have the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days.
- For a second DWI offense the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year.
- For a third DWI offense you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment.
- DWI with child passenger can result in not more than two years or less than 180 days in State jail and a fine not to exceed $10,000.00.
- For an intoxication assault you may be fined up to $10,000.00 and can be sentenced to 2-10 years in prison.
- For intoxication manslaughter you can get a maximum fine of $10,000.00 and/or be imprisoned from two to 20 years.
- 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 one of the fines listed below.
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.
HAVE YOU BEEN ARRESTED FOR A 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. 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.
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