Texas DWI Penalties
The punishment you may face for a DWI can be staggering. Texas prosecutes DWIs on a “graduated” scale, meaning that for every DWI you are convicted of the next one is charged as a higher crime. For example, your first DWI is a Class B misdemeanor, your second is a Class A misdemeanor, and with three or more DWI convictions, the next DWI is charged as a felony. There are also additional circumstances that can increase the punishment for a DWI, such as if a child under the age of 14 is in the car, or if there is an open container of alcohol in the car.
Below is a summary of the usual charges in Texas based on the number of previous DWI convictions, if any. This summary is based on an average DWI conviction and can vary based on your individual circumstances. You should consult an attorney to discuss your specific situation.
For more information click on an area below. |
|
• Automatic License Suspension for ANY DWI |
|
Automatic License Suspension for ANY DWI
Whether it’s your first DWI or third there is an automatic license suspension that accompanies every DWI. In Texas there is an “implied consent” law that says when you accept your driver’s license you consent to chemical testing if suspected of drunk driving. If you refuse, your license will be suspended (even if later found not guilty of drunk driving). Your license will also be suspended if you do submit to testing and your blood alcohol level is .08 or higher.
YOU ONLY HAVE 15 DAYS FROM YOUR ARREST TO CONTEST THIS SUSPENSION. It is recommended that you find a lawyer quickly to contest this suspension. If you miss the 15 day period there is still hope. First, the suspension does not take effect immediately- it takes effect 40 days after your arrest. Second, if you challenge the license suspension and lose, or do not challenge it in 15 days, you can still request an occupational license. This will allow you to drive to and from work, school, or household duties (errands, grocery store, etc), however there are additional fees you must pay to the State for this occupational driver’s license. Although this does not allow you full driving privileges, your life does not have to stop after this event. See below for the ranges of suspension.
Offense |
Suspension Time |
First Offense |
Minimum 90 days to Maximum 2 years |
Second Offense |
Minimum 180 days to Maximum 2 years |
Offender Under 21 years of age (DUI) |
One year suspension; or 90 days suspension, then a deep lung devise installed in your car. |
Refusal of Testing |
For 1st DWI- Minimum 180 days to Maximum 2 years. |
Refusal with Prior DWI- 2 year suspension. |
Additional "Surcharge" for License After a Suspension
In addition, Texas charges a “surcharge” for your license after your suspension is over. This charge is in addition to any fines or court costs that have accumulated with your DWI. The amounts of the surcharges differ depending on your situation. Please see the list below for more information.
Surcharge Amounts |
|
|
|
|
First DWI
Your first DWI is a Class B Misdemeanor-unless you have a child under the age of 14 in the car, in which case it is a felony. The usual range of punishment is not less than 72 hours in jail and not more than 180 days (however, if there is an open container of alcohol in the car the minimum time in jail is 6 days). In addition, you may be fined up to $2,000. You may also be required to perform community service.
Absent unusual circumstances, most first time DWI offenders can have their jail sentence probated. This means you will serve a probation that sets out specific requirements you must follow. If you are successful in your probation you will not spend any additional time in jail after you are bonded out. However, if you violate any term of your probation it can be revoked and you will be sent to jail. Your probation can last up to 24 months. The specific terms of you probation will depend on your individual situation and the County of your arrest. Regardless of whether your probation is successful or not, a criminal charge for DWI will be on your record.
Second DWI
If you have previously been convicted of a DWI in the past 10 years (whether in Texas or any other State), Texas law allows your charges to be enhanced. Furthermore, if you have been convicted of a DWI within the past 10 years, the State can then use any other DWI convictions that occured more than 10 years ago to further enhance your punishment.
If this is the case, then your second DWI (within the 10 years) will be a Class A misdemeanor. For a second or higher DWI, the judge will usually require as a Condition of Release from Jail on Bail to have a deep lung air device installed on your car. This requires you to blow into a tube before your car can be started. If the device detects alcohol, the car cannot be started. This technology continues to develop and some are user sensitive and can determine if a different person is attempting to blow for you.
In addition, Texas has other enhanced penalties for a second DWI. These include a minimum of 72 hours in jail (again this is longer if there is an open container of alcohol in the car) up to a maximum of one year. However, if the previous DWI conviction was within 5 years of the second DWI there will be a minimum of 5 days in jail, and you may be fined up to $4,000. Most judges will also require community service to be completed.
Third (or More) DWI
Your third DWI offense will be charged as a third degree felony. If you receive any more DWI charges after your third it will also be charged as a third degree felony. A third degree felony requires confinement in jail for a minimum of 2 years, and a maximum of 10 years. In addition, there can be a fine of up to $10,000 and community service.
As with a second offense, a deep lung air device will be ordered to be installed in your car as a condition of probation, but it will also be ordered as a condition of any occupational or provisional license.
If probation is granted with a third DWI, the requirements are usually more severe. For example, many judges require 10 days served in jail as a condition of the probation. Judges also usually require some sort of alcohol rehabilitative program as a term of the probation. Probation may last up to 10 years.
Most judges will not allow probation for a fourth or higher DWI conviction. In some situations a “Shock Probation” may be allowed, but in most cases a person will serve a prison term of 2 to 10 years.
Intoxication Assault
Intoxication assault is a third degree felony. Intoxication assault occurs when “A person…by mistake or accident, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another,” according to Texas Penal Code section 49.07. Serious Bodily Injury is defined as “injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ.”
The penalties for intoxication assault include 2 to 10 years in jail, a fine not to exceed $10,000, and community service.
In this case where a serious bodily injury has occurred, the State can force you to submit to a blood alcohol sample, even against your will, which can be used against you by the prosecution.
Intoxication Manslaughter
Intoxication manslaughter is a second degree felony. This offense is defined as a person who operates a vehicle in a public place, is intoxicated, and because of that intoxication causes the death of another by accident or mistake.
The penalties for intoxication manslaughter include 2 to 20 years in prison, a fine not to exceed $10,000, and community service.
Similar to intoxication assault, above, the State can force you to submit to a blood alcohol sample, even against your will, that can be used against you by the prosecution.
The information you receive from this page is not, nor is it intended to be, legal advice. You should consult with an attorney regarding your specific legal matter.
We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship in itself. Please do not send us any confidential information until such time as an attorney-client relationship exists.
Learn how to make our lawyers work for you.
Our lawyers hold themselves to the highest standards.