Texas Penalties for DWI
Penalties for First-Time DWI in Texas
The penalties for DWI in Texas vary depending on several factors, including the number of offenses, the level of intoxication, and whether there were any aggravating circumstances, such as having a child passenger.
For a first-time DWI conviction in Texas, you face the following penalties:
- Fine: Up to $2,000
- Jail Time: 3 to 180 days
- License Suspension: Up to 1 year
In addition, you may be required to complete a DWI education program, be assigned possible community service, and face an annual surcharge of $1,000 or $2,000 for three years to retain your driver's license.
Penalties for Multiple DWIs in Texas
A past DWI charge can significantly impact a new DWI charge and its subsequent penalties. Texas law imposes increasingly severe consequences for each subsequent DWI conviction to discourage repeat offenses and promote road safety. Understanding the escalating penalties for multiple DWIs is crucial for those facing repeat charges.
Second-Offense DWI
- Fines: Up to $4,000
- Jail Time: 1 month to 1 year
- License Suspension: Up to 2 years
Third-Offense DWI
- Fines: $10,000
- Prison Time: 2 to 10 years
- License Suspension: Up to 2 years
Additional Penalties for Aggravating Circumstances
While multiple DWIs can significantly increase the severity of penalties, other aggravating circumstances can also lead to harsher consequences. These circumstances reflect the seriousness of the offense and the potential danger posed to others. Below are some of the key factors that can escalate the penalties for a DWI in Texas.
Impaired Driving with a Child Passenger
One factor that can impact a DWI charge is driving while intoxicated with a child passenger. By Texas’ definition, a child passenger is someone younger than 15 years old. If someone is accused of driving while intoxicated with a child passenger and has no prior DWIs, their charge will be a state jail felony.
Potential penalties for a DWI with a child passenger:
- Fines: Up to $10,000
- Jail Time: Up to 2 years
- License Suspension: 180 days
The fine and license suspension will be charged in addition to other penalties.
DWI Causing Serious Injury (Intoxication Assault)
Another aggravating circumstance is causing serious injury while driving intoxicated, known as intoxication assault. This charge is taken very seriously and can lead to severe penalties.
Potential penalties for DWI causing serious injury:
- Fines: Up to $10,000
- Jail Time: 2 to 10 years
- License Suspension: 180 days to 2 years
DWI Causing Death (Intoxication Manslaughter)
The most severe consequence arises when a DWI results in the death of another person, known as intoxication manslaughter. This charge carries the most substantial penalties.
Potential penalties for DWI causing death:
- Fines: Up to $10,000
- Prison Time: 2 to 20 years
- License Suspension: 180 days to 2 years
Excessive BAC
If someone is found with a BAC of 0.15% or higher, they could be charged with a Class A misdemeanor.
Potential penalties for a Class A misdemeanor:
- Fines: Up to $4,000
- Jail Time: Up to 1 year
DWI with Open Container
In Texas, it is illegal to have an open container of alcohol in your car, even if you're not drunk. An open container includes any bottle, can, or container with alcohol that is open, has a broken seal, or is partially empty. This law applies to the passenger area where the driver and passengers sit, but it does not include a locked glove compartment, the trunk, or the area behind the last seat if there is no trunk. If you are charged with a DWI along with an open container violation, the penalties can be more severe; for instance, the minimum mandatory jail time may increase from 3 days to 6 days.
Call Our Austin DWI Defense Lawyers: (512) 359-3743
If you have been arrested for DWI in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas, contact Smith & Vinson Law Firm. Our Austin DWI attorneys take your case seriously and can fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers who will fight for you!
Contact Smith & Vinson Law Firm for a FREE consultation with our Austin DWI lawyers! Call (512) 359-3743.
Our Client Reviews
Earning Our Reputation by Protecting Yours
-
Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
-
What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
-
When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
-
After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
-
Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
-
Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
-
Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
-
Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
-
Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
-
Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation