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DWI Conviction Penalties in Texas
Penalty Overview
As your DWI defense attorney based in Houston, I work to have your DWI charge dismissed or you found not guilty. If penalties,
such as a fine or jail time, are incurred, we will work together to reduce them. In many cases jail
sentences are suspended, and you can receive probation. I use my knowledge and expertise to attain minimal
probation restrictions and conditions.
| Conviction |
Offense |
Maximum
Fine |
Jail |
License
Suspension |
| 1st
DWI |
Class
B Misdemeanor |
$2,000 |
3
to 180 days |
90
to 365 days |
| 2nd
DWI |
Class
B Misdemeanor |
$4,000 |
30
to 365 days |
180
days to
2 years |
| 3rd
DWI |
3rd
Degree Felony |
$10,000 |
2
to 10 years in State Penitentiary |
180
days to
2 years |
| Intoxication
Assault |
3rd
Degree Felony |
$10,000 |
2
to 10 years in State Penitentiary |
180
days to
2 years |
| Intoxication
Manslaughter |
2nd
Degree Felony |
$10,000 |
2
to 20 years in State Penitentiary |
180
days to
2 years |
DWI and Probation
What is Probation?
A
DWI conviction, whether it is your first or fifth,
always includes a jail sentence. But, the judge
often suspends part or all of the jail time and
places you on probation. The judge looks at several
factors, including the number of prior DWI convictions
you have, when deciding whether or not to place
you on probation and the length and conditions of
your probation.
First
DWI Conviction
In
most cases, if you have no prior DWI convictions,
the judge will suspend your entire jail sentence
and place you on probation for one year. Sometimes,
under certain circumstances, the judge may opt for
a six or 18 month probation period. The most common
probation conditions the judge sets forth for a
first DWI conviction are:
Do:
- Report to your probation officer, usually on a monthly basis.
- Pay your fine, court costs, and monthly probation fees.
- Your community service, usually 24 to 80 hours.
- Attend DWI Education classes.
- Attend a Victim Impact Panel, which is presented by Mothers Against Drunk Driving and is designed to educate on the dangers of DWI.
- Get a drug and alcohol evaluation. If the evaluation
reveals you have a problem with drugs or alcohol,
the judge will order treatment.
- Maintain a job and support all of your dependants.
Don't:
- Enter bars, taverns, or lounges.
- Become intoxicated.
- Violate the law.
- Drink alcohol or take any non-prescription drugs,
except over-the-counter medication.
Second DWI Conviction
For a second DWI conviction, Texas law requires
you serve at least part of your jail sentence. But,
the judge can still suspend the remaining part of
the sentence and place you on probation. Just as
the terms of a license suspension intensify, so
do probation conditions. If the judge chooses to
allow probation, the following conditions are added:
- Mandatory community service increases to 80
to 200 hours.
- Your vehicle will be fitted with an Ignition
Interlock Device, which won't allow you to start
your car unless you blow into it and no alcohol
is detected. If alcohol is detected, it notifies
your probation officer automatically.
Third DWI Conviction
Because a third DWI conviction is a felony,
the judge evaluates many factors to determine if
you can receive probation. These factors include,
but aren't limited to:
- Amount of time since your last DWI conviction;
- How well you followed previous probation conditions;
- Whether or not there was an accident at the
time of arrest;
- Whether or not you submitted to chemical testing;
- Your BAC at the time of arrest.
If the judge decides to place you on probation
instead of having you serve all of your jail sentence,
the following conditions, in addition to the conditions
for a first and second DWI, are required:
- Mandatory community service rises to 160 to
600 hours.
- Serve a minimum of 10 days jail time.
- Partake in various types of in-patient and/or
out-patient alcohol programs.
Intoxication Assault
An Intoxication
Assault conviction is possible if the prosecutor
can prove that Driving While Intoxicated resulted
in an accident which caused serious bodily injury
to another person. If convicted of Intoxication
Assault, it is possible to still receive probation,
but your eligibility depends on the severity of
the resulting injuries and your prior criminal record.
In
addition to the conditions for a first DWI, the
probation conditions of Intoxication Assault include:
- Mandatory community service rises to 160 to
600 hours.
- Serve a minimum of 30 days in a state penitentiary.
- Partake in various types of in-patient and/or
out-patient alcohol programs.
Intoxication Manslaughter
If the
prosecutor proves that Driving While Intoxicated
caused an accident in which someone died, an Intoxication
Manslaughter conviction is possible. Although it
is possible to receive probation for Intoxication
Manslaughter, it is highly unlikely because you
must agree to a trial by jury.
If
you obtain probation for Intoxication Manslaughter,
the following conditions, in addition to the conditions
for a 3rd DWI, apply:
- Mandatory community service increases to 240
to 800 hours.
- Serve a minimum of 120 days in a state penitentiary.
- Partake in various types of in-patient and/or
out-patient alcohol programs.
Other Alcohol/DWI Charges in Texas
DWI with a Child Passenger
In Texas, Driving While Intoxicated with a passenger under the age of 15 is a state felony. The penalties
of a DWI with a Child Passenger conviction are the same as a third time DWI convictions, and include:
- Between
180 days and 2 years in a state penitentiary
- Up
to a $10,000 fine
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Intoxication Assault
If
an accident occurs and the prosecutor can prove
that your Driving While Intoxicated caused serious
bodily injury to another person, you can be charged
with Intoxication Assault.
According to the Texas Legislature, serious bodily
injury is an injury that creates a substantial risk
of death, causes permanent disfigurement, or impairs
or dismembers any body part.
Penalties
of DWI with Assault are:
- Up
to $10,000 fine
- 2
to 10 years in the state penitentiary
- Drivers
license suspension from 180 days to one
year
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Intoxication
Manslaughter
If
an accident occurs and the prosecutor can prove that
Driving While Intoxicated directly caused the death
of another person, you can be charged with Intoxication
Manslaughter, a 2nd degree felony.
The penalties of an Intoxication Manslaughter conviction
are:
- Up
to $10,000 fine
- 2
to 20 years in the state penitentiary
- Drivers
license suspension from 180 days to 2 years
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Boating
While Intoxicated (BWI)
In
Texas, operating a boat on a public body of water
with a Blood Alcohol Content (BAC) over 0.08 constitutes
Boating While Intoxicated (BWI).
In September 2001, the Texas Legislature extended
the Administrative License Revocation (ALR) laws to
Boating While Intoxicated (BWI). If you refuse a breathalyzer,
urine test, or blood test, and the the watercraft
is powered by an engine with 50 horsepower or above,
the arresting officer confiscates your driver's license
upon arrest. Similar to a DWI, you have 15 days to
request an ALR hearing.
In
addition to a license suspension, the penalties
for a BWI conviction are:
| Prior
Convictions |
Fine |
Jail |
| 0 |
up
to $2,000 |
up
to 180 days |
| 1 |
up
to $4,000 |
180
days to 1 year |
| 2 |
up
to $10,000 |
2
to 10 years |
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