Texas DWI Penalties

The Penalties For Driving While Intoxicated (DWI) Are Generally As Follows:

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).

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).

Third offense: 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).

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).

DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: 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. (3rd Degree Felony).

DWI where a death has occurred as a proximate cause of the intoxication: 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 2nd Degree Felonies).

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. 

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. 

There is no guarantee that you will receive probation on some of the above offenses, nor that a judge or jury would probate a jail sentence or fine.  Some of the offenses above require a minimum amount of days in jail as a condition of probation.  Therefore, you need an attorney that understands the range of punishment and how best to advise you regarding what could happen if you are convicted.

Driver’s License Surcharge: If you are convicted of a DWI, the Department of Public Safety will require you to pay a “surcharge” in order to maintain your driver’s license for three years from the date of your conviction. 
The amount of the “surcharge" depends on two factors:
1. whether the individual takes the breath test and his/her score; and,
2. any prior DWI conviction history. 
The DPS surcharge will be assessed as follows:
1. $1,000 per year for a person with no prior convictions for DWI;
2. $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;
3. $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 previous DWI convictions.
DWI Bonds with conditions:
It is up to the discretion of the court to determine your conditions of bond on a first offense.  However, if you are charged with a subsequent offense of DWI or a first offense of Manslaughter or Intoxicated Assault you are required to install a vehicle ignition interlock device on your car and are not allowed to drive any car without one.  This breath machine will determine if there is any alcohol in your breath and will disable you car temporarily.  Note that there are some instances that a judge can determine that in the interests of justice the requirement of an interlock can be waived. 
The Penalties for Driving under the influence (DUI) are generally as follows:
 
1. First Offense: Class C misdemeanor.  A minor may be fined, and will be required to complete 20 to up to 40 hours community service related to education about the misuse of alcohol.  The minor will also be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days.  Furthermore, if the minor is under age 18, the court may require the minor's parent or guardian to attend the program with the minor.  If the minor fails to complete the alcohol awareness course within the 90 day period, the court may impose an additional license suspension up to six months.  For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction.  If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his/her 21st birthday. If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance.
2. Second Offense: Same requirements for a first-offense conviction applies to a second conviction, except for:  The minor will be required to complete a minimum of 40 and a maximum of 60 hours community service related to education about the misuse of alcohol.  Furthermore, a second or any subsequent conviction may not be expunged from your record, however, the minor may still receive deferred adjudication for a second offense.
3. Third Offense: Class B misdemeanor.  The minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer available.  As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18, a parent or guardian will be required to attend both the minor's court appearances and the alcohol awareness program.  If, on the other hand, the minor is 18 years of age or older at the time of his/her third offense, the punishment range is a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension.

Texas DWI Laws

§ 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
 
§ 49.01. DEFINITIONS. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. (2) "Intoxicated" means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more.
 
§ 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an offense if: (1) the person is intoxicated while operating a motor vehicle in a public place; and (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. (b) An offense under this section is a state jail felony.
 
§ 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated , by reason of that intoxication causes serious bodily injury to another; or (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. (b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (c) An offense under this section is a felony of the third degree.
 
§ 49.08. INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. (b) An offense under this section is a felony of the second degree.
 
§ 49.09. ENHANCED OFFENSES AND PENALTIES. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated. (b) An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted: (1) one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08;
 
§ 49.10. NO DEFENSE. In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
 
§ 49.11. PROOF OF MENTAL STATE UNNECESSARY. (a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter. (b) Subsection (a) does not apply to an offense under Section 49.031.
 
§ 106.041. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by: (1) a fine of not less than $500 or more than $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and confinement. (d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for: (1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or (2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section. (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol. (f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition or deferred adjudication. (g) An offense under this section is not a lesser included offense under Section 49.04, Penal Code. (h) For the purpose of determining whether a minor has been previously convicted of an offense under this section: (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

§ 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE; LICENSE SUSPENSION. (a) On the placement of a minor on deferred disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to attend an alcohol awareness program approved by the Texas Commission on Alcohol and Drug Abuse. On conviction of a minor of an offense under one or more of those sections, the court, in addition to assessing a fine as provided by those sections, shall require a defendant who has not been previously convicted of an offense under one of those sections to attend the alcohol awareness program. If the defendant has been previously convicted once or more of an offense under one or more of those sections, the court may require the defendant to attend the alcohol awareness program. If the defendant is younger than 18 years of age, the court may require the parent or guardian of the defendant to attend the program with the defendant. The Texas Commission on Alcohol and Drug Abuse: (1) is responsible for the administration of the certification of approved alcohol awareness programs; (2) may charge a nonrefundable application fee for: (A) initial certification of the approval; or (B) renewal of the certification; (3) shall adopt rules regarding alcohol awareness programs approved under this section; and (4) shall monitor, coordinate, and provide training to a person who provides an alcohol awareness program. (b) When requested, an alcohol awareness program may be taught in languages other than English. (c) The court shall require the defendant to present to the court, within 90 days of the date of final conviction, evidence in the form prescribed by the court that the defendant, as ordered by the court, has satisfactorily completed an alcohol awareness program or performed the required hours of community service. For good cause the court may extend this period by not more than 90 days. If the defendant presents the required evidence within the prescribed period, the court may reduce the assessed fine to an amount equal to no less than one-half of the amount of the initial fine. (d) If the defendant does not present the required evidence within the prescribed period, the court: (1) shall order the Department of Public Safety to: (A) suspend the defendant's driver's license or permit for a period not to exceed six months or, if the defendant does not have a license or permit, to deny the issuance of a license or permit to the defendant for that period; or (B) if the defendant has been previously convicted of an offense under one or more of the sections listed in Subsection (a), suspend the defendant's driver's license or permit for a period not to exceed one year or, if the defendant does not have a license or permit, to deny the issuance of a license or permit to the defendant for that period; and (2) may order the defendant or the parent, managing conservator, or guardian of the defendant to do any act or refrain from doing any act if the court determines that doing the act or refraining from doing the act will increase the likelihood that the defendant will present evidence to the court that the defendant has satisfactorily completed an alcohol awareness program or performed the required hours of community service. (e) The Department of Public Safety shall send notice of the suspension or prohibition order issued under Subsection (d) by first class mail to the defendant. The notice must include the date of the suspension or prohibition order, the reason for the suspension or prohibition, and the period covered by the suspension or prohibition.