Texas DWI Penalties

If you have been arrested for DWI in Texas one of the first questions you probably are asking is what kind of penalties you face.  Texas DWI penalties vary depending on a number of factors, including how many times you have been convicted of DWI, whether you were involved in an accident, whether there were any serious injuries or a death involved in an accident, and more.  Contact one of our San Antonio, TX DWI attorneys, or Austin, TX DWI attorneys right now for a free case evaluation.

PENALTIES FOR DWI IN TEXAS – Generally speaking, the penalties for DWI in Texas are as follows:

1             First Offense (Class B Misdemeanor): 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.

2            Second Offense (Class A Misdemeanor): A conviction includes a fine not to exceed $4,000.00 and /or the possibility of serving jail time from 3 days to 365 days of imprisonment and a driver’s license suspension of 180 days to 2 years.

3            Third Offense (3rd Degree Felony): A conviction includes a fine not to exceed $10,000.00 and/or 2-10 years of imprisonment, and a driver’s license suspension of 180 days to 2 years.

4            DWI with an open alcohol container (first offense) (Class B Misdemeanor); In addition to the penalty referenced above, you face a minimum of 6 days in jail and a fine not to exceed $2,000.00.

5             DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication (Intoxication Assault): (3rd Degree Felony). Upon conviction, you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined not to exceed $10,000.

6            DWI where a death has occurred as a proximate cause of the intoxication (Intoxication Manslaughter): (2nd Degree Felony). Upon conviction, a fine not to exceed $10,000.00 and/or imprisonment from 2 to 20 years.

In the above cases, you may be eligible for probation, but eligibility does not guarantee that you will receive a probated jail sentence or fine. If you are convicted of Intoxication Assault and receive probation, a minimum of 30 days in jail must be served as a condition of probation. If you receive probation for 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 jury finds that your automobile was a “deadly weapon” you may be ineligible to receive probation at all.

If you are facing a DWI in Texas and want to avoid some of the harshest of the Texas DWI penalties you should call right now for a free consultation.  Both San Antonio DWI attorneys and Austin DWI attorneys can tell you that the prosecutors in these areas are aggressive in prosecuting these cases, and rarely – if -ever – negotiate without first being presented with solid evidence of the weaknesses in their cases.  Contact us right now for a free case evaluation.

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