PENALTIES FOR DWI IN TEXAS

Generally speaking, the penalties for DWI are as follows:

a) First Offense : a first-offense conviction includes a fine not to exceed $2,000.00 and/or
the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension
of 90 to 365 days. (Class B Misdemeanor).

b) Second Offense : the maximum fine increases to no more than $4,000.00 and/or jail
from 30 days to one year, and a possible driver's license suspension ranging from 180 days
to 2 years. (Class A Misdemeanor).

c) Third Offense : here, you may receive a fine up to $10,000.00 and/or 2 to 10 years
of imprisonment, and suspension of your driver's license ranging from 180 days up to
2 years. (3rd Degree Felony).

d) DWI with an Open Alcohol Container (first offense) : In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).

e) DWI with an Accident Where Serious Bodily Injury Occurred as a Proximate Cause of theIntoxication : this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail.  Additionally, you may be fined up to
$10,000.00. (3 rd Degree Felony).

f) DWI Where a Death has Occurred as a Proximate Cause of the Intoxication : here, the
crime is intoxication manslaughter.  Upon conviction you might have to pay a maximum fine
of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2 nd Degree Felonies).

g)  A Prior DWI Conviction and a Present Drag Racing Charge :  drag racing is a Class B
Misdemeanor, however, it becomes a Class A Misdemeanor where the person had a prior drag racing conviction, a DWI conviction, or had an open alcohol container while they were driving. 

h)  DWI with a Child Passenger:  A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age. Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.  In some of the above minor classificationsyou may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine.  If you are convicted of intoxication assault and wish to receive probation, a minimumof 30 days in jail must be served as a condition of probation.  Furthermore, to receive probation uponbeing convicted of intoxication manslaughter you must serve a minimum of 120 days in jail.  However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or juryfinds that you committed the offense with a deadly weapon you may be ineligible to receive probation.

             
              Driver's License Surcharges For DWI Convictions And .16 BACS

The stakes are higher for citizens charged with Driving While Intoxicated (DWI) in Texas.  Stealing from the gambler's mantra that 'the house always wins,' Texas now has a law that tacks on a "surcharge" to the license of every person convicted of DWI who was arrested on or after September 1st , 2003. The practical effect of this law will be that more motorist driving will be without a license or insurance, and that there will be an explosion of court dockets as judges try to grapple with an increased number of trial requests and Driving While License Suspended filings.

                                                         How it is Applied

The amount of the "surcharge" depends on two factors:
a) whether the individual takes the breath test and his/her score; and,
b) any prior DWI conviction history.  The length of the term of any assessment is three years from the date of the conviction.

Working with the numbers in the statute, the following fees will be assessed:

a) $1,000 per year for a person with no prior convictions for DWI;
b) $1,500 per year for a person who has been previously convicted of a DWI within a 36 month period preceding the date of the relevant conviction;
c) $2,000 per year for a person who gives a blood, breath, or urine specimen, which shows
an alcohol concentration of 0.16 or higher, regardless of any useable DWI convictions.

 Taking the three year maximum term of assessment to its logical end, this equates to a total possible "surcharge" on a DWI person's license of $3000, $4500, and $6000, respectively.