A Guide to Texas DWI Penalties

July 31, 2023June 3, 2014 by Jim Slaton

(713) 524-1010

A GUIDE TO TEXAS DWI PENALTIES

If you are convicted of a DWI charge, your Houston defense attorney wants you to know that the state of Texas can suspend your license, charge you an annual surcharge of up to $2,000 for three years to keep your license

They can force you to attend a DWI intervention or education program and potentially install an ignition interlock device on your car.

These penalties can occur whether it is your first offense or not.

Offense Number

Some penalties for DWI increase in Texas based on the offense number.

Your first offense can result in up to a $3,000 fine and between three and 180 days of jail time, as well as the previously mentioned across-the-board penalties.

For your second offense, the fine increases to up to $4,500 and jail time is increased to between a month and a year.

Your third offense can net you up to a $10,000 fine and between two years and 10 years in a state prison.

DWI with a Child Passenger

Texas takes DWI with a child in the car very seriously.

No matter what offense number you are on, driving while intoxicated when a child is your passenger can cause you to face up to a $10,000 fine, two years of jail time and a minimum 180-day license suspension.

Extreme DWI Crimes

Although Trichter & LeGrand, PC’s Houston DWI attorneys believe that all DWI charges are serious, they also know that DWI charges can involve felony charges, including intoxication assault and intoxication manslaughter.

If you are facing either of these felony charges, you will need to speak with your Trichter & LeGrand attorney to learn the full extent of your possible penalties, as these can vary depending on the situation surrounding the charges.

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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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What are the penalties for driving with a suspended Texas drivers license?

October 2, 2020June 9, 2013 by Jim Slaton

713.524.1010

24/7 FREE CONSULTATION

(713) 524-1010

What are the penalties for driving with a suspended Texas drivers license?

Suspended Texas Driver’s License? If you have a suspended Texas drivers license because you declined a chemical test or because you were convicted of DWI, the penalties can vary.

Driving while license suspended (DWLS) is a misdemeanor and:

has a punishment range of 3 days to 180 days in jail and/or
a fine from $100 to $500.
A new offense is committed every time a person drives DWLS
Each of these punishments may be probated.

If you have a suspended Houston, Texas drivers license, you may apply for an occupational driver’s license (ODL).

This type of license is limited in scope and geography (you may drive only in named counties).

To receive an ODL, the driver must show good cause.

For example, you may need to show you need a license for going to and from work, taking children to and from school, going to and from a religious service, traveling to or from a grocery store, or traveling to or from a medical facility for treatment.

The courts will also require the installation of an alcohol interlock device on your vehicle.

If your driver license has been suspended because of a DWI or other crime, contact the DWI attorneys at Trichter & LeGrand 24/7 for a free consultation.

We can help you aggressively fight to get you license back and get your life back on track.

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New Penalties For A DWI In Texas

July 28, 2023October 30, 2019 by Jim Slaton

DWI Lawyer At Trichter & LeGrand Law firm

(713) 524-1010

New Penalties For A 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

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.

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.

      
      
 
 
   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.
   KM 
 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
 
 
 
 
  
 
 
  Reviews

TELL US ABOUT YOUR CASE

Get A Fast Response

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(713) 524-1010 (Houston Office)

(830) 796-8878 (Hill Country Office)

CONNECT WITH US

GET STARTED

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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.
   KM 
 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
 
 
 
 
  
 
 
  Reviews

TELL US ABOUT YOUR CASE

Get A Fast Response

GET STARTED

LEGAL TEAM

DWI DEFENSE

SERVING

FREE CONSULTATION

(713) 524-1010 (Houston Office)

(830) 796-8878 (Hill Country Office)

CONNECT WITH US

Sitemap