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.
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