DWI Penalties

TEXAS DWI LAW AND PENALTIES

WHAT IS DWI?

In Texas, a person commits the offense of Driving While Intoxicated (DWI) if they are operating a motor vehicle in a public place and they don't have the normal use of their mental or physical faculties because they've consumed alcohol or drugs or if they have an alcohol concentration of 0.08 or more.

DWI PENALTIES

Generally, the penalties are categorized by the number of times you've been arrested and the age you were on the date of your arrest:

First Offense

Classification: Class B Misdemeanor
Fine: Up to $2,000
Jail: 72 hours to 180 days in jail
Community Service: 24 hours to 100 hours
License Suspension: Up to one year
License Surcharge: $1,000 or $2,000 per year for three years
Occupational License: Available based on "essential need

Second Offense

Classification: Class A Misdemeanor
Fine: Up to $4,000
Jail: 72 hours to 365 days in jail
Community Service: 80 hours to 200 hours
License Suspension: 180 days to two years
License Surcharge: $1,500 or $2,000 per year for three years
Occupational License: Available based on "essential need"

Third (or more) Offense

Classification: Third Degree Felony
Fine: Up to $10,000
Jail: Two years to ten years in prison
Community Service: 160 hours to 600 hours
License Suspension: 180 days to two years
License Surcharge: $1,500 or $2,000 per year for three years
Occupational License: Available based on "essential need"

DWI UNDER 21

If you are under 21 and you are intoxicated, you face the same consequences as an adult.

If you are under 21 and you aren't intoxicated but you have ANY detectable amount of alcohol in your system:

Classification: Class C Misdemeanor
Fine: Up to $500
Community Service: 20 hours to 40 hours
License Suspension: 60 days
Alcohol Class: Mandatory alcohol-awareness class

If you're under 21 and you are in possession of alcohol:

Classification: Class C Misdemeanor
Fine: Up to $500
Community Service: 8 hours to 12 hours
License Suspension: 30 days
Alcohol Class: Mandatory alcohol-awareness class

DWI UNDER 18

Classification: Class C Misdemeanor

If you are under 18 and you are intoxicated, you face the same consequences as an adult.

If you are under 18 and you aren't intoxicated but you have ANY detectable amount of alcohol in your system the Court will require your parent or guardian to be present with you at every court appearance.

You face up to a $500 fine and 20 to 40 hours of Community Service that is related to alcohol education or alcohol abuse prevention.

You will also be required to attend an Alcohol Awareness Program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days of conviction. Your parents or guardian may also be required to attend the program with you. If you don't successfully complete the Alcohol Awareness Program within 90 days of conviction, the Court may suspend your driving privileges for an additional six months.

If this is your first offense you may receive deferred adjudication. However, deferred adjudication is still considered a conviction. If you receive only one conviction for the DUI while a minor, your conviction may be expunged from your record after your 21st birthday.

DWI with an Open Container of Alcohol

Minimum jail time is increased from 72 hours to six days.

DWI with a Child Passenger under the age of 15

Classification: State Jail Felony
Fine: Up to $10,000
Jail: 180 days to two years to ten years in State Jail

DWI Causing Serious Bodily Injury (Intoxication Assault)

Classification: Third Degree Felony
Fine: Up to $10,000
Jail: Two to 10 years in prison

DWI Causing Death (Intoxication Manslaughter)

Classification: Second Degree Felony
Fine: Up to $10,000
Jail: Two to 20 years in prison