Texas DWI Penalties

Dallas Driving While Intoxicated Attorney

The penalties for a DWI charge depend on whether or not the person has had a previous DWI and the conditions of the incident. The typical penalties for DWI charges are as follows.

For a first time DWI charge, you may be fined up to $2,000, sentenced to jail time of no more than 180 days, and your driver's license may be revoked for 90 to 365 days. This is a Class B misdemeanor. If the person's BAC (blood alcohol concentration) is at or above .15%, the charge is automatically bumped up to a Class A misdemeanor. For a second time DWI, the maximum fine is $4,000, jail time may be as high as one year, and your license may be suspended for two years. This is a Class A misdemeanor. On the third DWI charge, the fine may be as high as $10,000, jail time could be up to ten years, and your license may be revoked for two years. This is a 3rd Degree Felony.

If you are charged with a DWI while driving with an open alcohol container, you face, in addition to the punishments listed above, a minimum six days in jail time and a fine of no more than $2,000. If your intoxication causes an accident which does bodily harm to another individual, your crime is called intoxication assault and you may serve anywhere from two to ten years in prison and you may be fined up to $10,000. This is a 3rd Degree Felony.

If your intoxication causes an accident which causes the death of an individual, you are charged with intoxication manslaughter. You may face up to twenty years in prison and may have to pay a maximum fine of $10,000. This is a 2nd Degree Felony.

Some of these charges are eligible for probation. If you are convicted of intoxication assault, you must spend at least 30 days in jail. If you are convicted of intoxication manslaughter, you must spend at least 120 days in jail. Furthermore, if the court finds that you committed intoxication assault or manslaughter with a deadly weapon, you are not eligible for probation.

During probation, you must meet certain conditions. You must report once a month to a probation officer and pay a monthly $40.00 supervisory fee. You must not commit any crimes during the term of your probation and you are to abstain from drinking alcohol. You will likely have to perform a number of hours of community service and attend DWI awareness classes. You must also pay your non-probated court costs and fines and fulfill whatever other specific conditions the court sets for you.

If this is your first DWI offense, your bond conditions are determined by the court's discretion. But if you are charged with a second offense (or a first offense of intoxication assault or manslaughter), you must install an interlock device on your vehicle that will disable your vehicle if alcohol is detected on your breath. You are also not allowed to use any motor vehicle without such a device.

In most cases, your DWI charge will remain permanently on your record. Under very specific conditions, the conviction can be expunged, but all records relating to your driver's license will remain. It is quite possible that these charges could greatly increase your insurance costs for many years.

If you have been charged with a DWI call the Texas drunk driving attorney with 20 years experience at Grossman Law Offices.

Related articles:
Types of probation
Types of DWI cases
Know your rights

Questions answered in this article:
Are there additional charges that come with a DWI charge?
What are the procedures of probation should I get probation?
What are the charges for multiple DWI arrests?