DWI – First Offense is a class B misdemeanor with a punishment range of 72 hours to one hundred eighty days in the county jail. Generally, people will be eligible for community supervision (probation) on a first conviction.
DWI – Second Offense. A second DWI is a class A misdemeanor that is punishable by 30 days to one year in the county jail and up to a $4,000 fine. Most District Attorney offices require mandatory jail time for a second offense DWI.
DWI – Third Offense or Higher A third arrest for DWI is classified as a third degree felony that carries not less than two nor more than ten years in prison and up to a $10,000 fine.
DWI with an open container of alcohol – First Offense This is a Class A misdemeanor as well, the only difference in punishment between this charge and a DWI -first offense is that here the minimum is six days.
DWI with an accident causing serious bodily injury caused by the intoxication If someone is injured or killed during an accident and you're accused of DWI, then you could be charged with Intoxicated Assault or Intoxicated Manslaughter. Intoxicated Assault is a third degree felony punishable by not less than two nor more than ten years in prison and up to a $10,000 fine.
Intoxicated manslaughter is a second degree felony with a punishment range of two to twenty years in prison and up to a $10,000 fine.
DWI with a child passenger
If there is a child passenger in the car and you are arrested for DWI, then the offense is a state jail felony offense with a punishment range of one hundred eighty days to two years in a state jail facility and up to a $10,000 fine. It does not matter if it is your first arrest.
Why are Driving While Intoxicated (DWI) convictions are becoming even more expensive? In 2003, the Texas Legislature passed a law requiring people convicted of driving while intoxicated to pay an annual surcharge on their driver's license for the first thirty six months following their conviction. The surcharge schedule is as follows: $1000 per year for a first driving while intoxicated conviction $1,500 per year for a second or subsequent driving while intoxicated conviction within thirty six months of a previous conviction. $2,000 per year if it is shown at trial that the person's breath, blood or urine concentration was 0.16 or more at the time the analysis was performed.
All of these fees are in addition to your attorney's fees, community service fees, fines, court costs, Ignition Interlock devices, DWI classes and any substance abuse education.As you can see, DWI's in Texas are not cheap.
A good attorney could end up saving you money in the end.
Contact Humphreys & Peterson Law Firm today at Charlie@DallasJusticeForAll.com or toll free at (866) 259-0661 and we'll start working to defend your rights immediately.