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What are the Penalties for a DWI in Texas?

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If you are charged with driving while intoxicated (DWI) in Texas, you can face serious penalties — even if you are a first-time offender. Not only can sentencing for DWIs be severe in Texas cases, but there are also additional penalties you may face once the terms of your sentence have been completed, depending on the details of your case. You may be unable to keep your job if it requires driving as one of the primary components, and sometimes a DWI conviction can even result in the inability to be hired for certain positions or to be eligible for certain types of loans.

Our Texas DWI defense lawyers can tell you more about the penalties associated with DWI convictions, and we can begin working with you today on a defense strategy so that you can do everything possible to avoid having a conviction on your record.

Criminal Penalties for DWI and Related Charges 

Under the Texas Penal Code, a person commits the offense of driving while intoxicated “if the person is intoxicated while operating a motor vehicle in a public place.” The Texas Penal Code defines “intoxicated” to mean either “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 “having an alcohol concentration of 0.08 or more.”

The severity of DWI charges will depend on whether a person is facing a first-time or a subsequent charge, as well as whether any other factors are present in the case (such as the injury or death of another person, or the presence of a minor in the motor vehicle). These are the general charges and associated criminal penalties for different types of DWI offenses:

  • First-time offense with blood alcohol concentration (BAC) less than 0.15 percent: Class B misdemeanor, which can result in fines of up to $2,000, driver’s license suspension of up to one year, up to 100 hours of community service, completion of a DWI education program, and up to 180 days in jail;
  • Second offense, or first offense with BAC at or above 0.15 percent: Class A misdemeanor, which can result in fines of up to $4,000, driver’s license suspension of up to two years, installation of an ignition interlock device in your car, up to 200 hours of community service, completion of a DWI education program, and up to 1 year in jail;
  • Third offense, or first-time offense charged as intoxication assault (where serious bodily injury occurred): Third-degree felony, which can result in fines of up to $10,000, driver’s license suspension of up to two years, installation of an ignition interlock device in your car, up to 600 hours of community service, and up to 10 years in prison;
  • Intoxication manslaughter (where a person was killed): Second-degree felony, which can result in a fine of up to $10,000, up to 20 years in prison, and many of the other penalties described above.
  • DWI with Child Passenger: State jail felony, which can result in a fine of up to $10,000, up to 2 years in jail, and many of the additional penalties described above.

 Contact a Texas DWI Defense Lawyer for Assistance

Are you facing DWI charges or any type of criminal charges connected to driving while intoxicated? If so, it is essential to have a defense lawyer on your side who can assess the specific facts of your case and tailor a defense strategy to meet your needs. An experienced Texas DWI defense attorney at John Reed, Attorney at Law can speak with you today about any DWI or alcohol-related criminal charges you are facing. Contact us to learn more about how we can assist you with a strong defense.

Sources:

statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm

statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm

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