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Penalties for DWI in Texas
The penalties for Driving While Intoxicated in Texas vary depending on a number of factors, including whether the Defendant has had a prior DWI conviction in this or another state, and the circumstances of the particular offense. When facing DWI penalties, you do not want inexperienced counsel guessing what needs to be done next.
John Fahle is an attorney certified by the Texas Board of Legal Specialization in Criminal Law. Since 1993, he has litigated a number of high-profile corporate and individual white collar criminal matters, and has published numerous articles on trial procedure for legal trade publications. He has authored approximately thirty-five white-collar and traditional criminal appellate briefs, addressed to the United States Supreme Court, the Fifth, Eighth, and Ninth Circuits of the United States, the Texas Court of Criminal Appeals, and various Texas appellate courts. He has presented oral arguments to the Fifth, Eighth, and Ninth Federal Courts of Appeal, the Supreme Courts of Utah and Nebraska, and the Texas Court of Criminal Appeals, and has tried numerous DWI cases in Bexar County and all over Texas.
The following is a list of the statutory penalties prescribed by the legislature.*
FIRST OFFENSE, NO OPEN CONTAINER, NO CHILDREN IN THE VEHICLE, NO INJURY ACCIDENT: Class B MisdemeanorOR
Administrative penalties may include:
Other consequences of a conviction may include: cancelled insurance, inability to get insurance, or very high rates; termination of employment if you drive for a living; background checks will turn up this conviction, and may greatly decrease your ability to change jobs particularly, in the future; some professions may look upon a conviction for driving while intoxicated unfavorably (or may in the future); lost time from work for probation office visits and community service.
FIRST OFFENSE, OPEN CONTAINER, NO CHILDREN IN THE VEHICLE, NO INJURY ACCIDENT: Class B Misdemeanor
In addition to all of the above penalties, the law requires a minimum jail term of six days if the Defendant had an open container of alcohol in his or her immediate possession at the time of the arrest.
FIRST OFFENSE, CHILD UNDER 15 IN VEHICLE, NO INJURY ACCIDENT: State Jail Felony
OR
Administrative penalties may include:
Other consequences of a conviction may include: loss of your civil rights, including the right to vote and the right to own or possess firearms; cancelled insurance, inability to get insurance, or very high rates; termination of employment if you drive for a living; background checks will turn up this felony conviction, and may greatly decrease your ability to change jobs, particularly in the future; some professions may look upon a conviction for driving while intoxicated unfavorably (or may in the future); lost time from work for probation office visits and community service.
SECOND OFFENSE: Class A Misdemeanor
OR
Administrative penalties may include:
Other consequences of a conviction may include: cancelled insurance, inability to get insurance, or very high rates; termination of employment if you drive for a living; background checks will turn up this conviction, and may greatly decrease your ability to change jobs, particularly in the future; some professions may look upon a conviction for driving while intoxicated unfavorably (or may in the future); lost time from work for probation office visits and community service.
THIRD OFFENSE: Third Degree Felony
OR
Administrative penalties may include:
Other consequences of a conviction may include: loss of your civil rights, including the right to vote and the right to own or possess firearms; cancelled insurance, inability to get insurance, or very high rates; termination of employment if you drive for a living; background checks will turn up this felony conviction, and may greatly decrease your ability to change jobs, particularly in the future; some professions may look upon a conviction for driving while intoxicated unfavorably (or may in the future); lost time from work for probation office visits and community service.
FIRST OFFENSE, INJURY ACCIDENT RESULTING FROM INTOXICATION (Intoxication Assault): Third Degree Felony
OR
Administrative penalties may include:
Other consequences of a conviction may include: loss of your civil rights, including the right to vote and the right to own or possess firearms; cancelled insurance, inability to get insurance, or very high rates; termination of employment if you drive for a living; background checks will turn up this felony conviction, and may greatly decrease your ability to change jobs, particularly in the future; some professions may look upon a conviction for driving while intoxicated unfavorably (or may in the future); lost time from work for probation office visits and community service.
FIRST OFFENSE RESULTING IN ACCIDENT CAUSING DEATH OF PASSENGER OR OTHER PERSON (Intoxication Manslaughter): Second Degree Felony
OR
Administrative penalties may include:
* All dollar numbers used in examples are approximate and subject to change. Actual results will vary depending on the court you are assigned to and the vendor you use for privately provided services, if any. The sentence and penalties stated in this article may not be accurate if you have been charged with multiple offenses.