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  • What can I do ?
    Ok...So, I have an order to maintain interlock device on my vehicle for 2 years, during this time I won't have a tx.DL. I can't seem to make enough...
  • DWI surcharges
    I heard that anyone in Texas who has not been paying their DWI surcharges are going to be given an opportunity to pay off their debts for only 10% of...
  • Beaumont DWI - Doesn't Apply to School Boad?
    *B.I.S.D. releases memos concerning traffic stop of former transportation director* *Comments 19*...
  • Can the judge make me get an ignition interlock device?
    I am wondering if the judge can actually force me to get an ignition interlock device on my car and my wife's car after my dwi? Is there a way out?...
  • Are all chemical tests in Texas DWI cases admissible in court?
    Are there types of chemical tests that can be used against you, and others that can't in Texas drunk driving cases? How do you tell which ones are,...
  • Bedford DWI Attorney Advice
    What should a person expect when they get a Bedford DWI charge? It would be very helpful to know which court you are going end up in, and how the...
  • Edinburg DWI Attorney Advice
    What should a person expect when they get a Edinburg DWI charge? It would be very helpful to know which court you are going end up in, and how the...
  • Flower Mound DWI Attorney Advice
    What should a person expect when they get a Flower Mound DWI charge? It would be very helpful to know which court you are going end up in, and how...

Texas DWI Penalties Explained

Texas DWI PenaltiesIn Texas, a DWI conviction has serious consequences. What particular sentence will be imposed in your case will depend on the facts of your case, the nature of your charges, the circumstances of your plea, or other factors. Listed below are the general penalties for DWI offenses in Texas. In addition to the criminal penalties listed below, further consequences may be imposed in the civil aspect of your case (ie, if you refused to submit to a chemical test). Be sure to consult with an attorney in your jurisdiction for more information on the penalties you are facing, and the potential alternatives that are available. 

Drivers of commercial vehicles are subject to the same DWI penalties listed below, except that the legal limit for commercial vehicle drivers is .04 as opposed to .08.  Drivers of commercial vehicles are also subject to a suspension of their commercial driverís license for one year, or up to 3 years if hazardous materials were being transported.

If you are under the age of 21, you face the penalties listed below if any amount of alcohol is detected in your system.

1st Offense Texas DWI Penalties: No prior DWI/DUI convictions in Texas or in other states


JAIL: Minimum 72 hours. 6 day mandatory minimum confinement if open container is in vehicle.

FINES: $2,000 maximum. Other fees may apply. Surcharge fee of $1,000, or $2,000 if BAC is .16 or higher.

LICENSE SUSPENSION: 90 days to 1 year suspension OR DWI Education Classes. Work permit may be granted by court order (eligibility based on need) typically to those offenders in drug treatment programs.

VEHICLE IMPOUND: None

DWI SCHOOL: Mandatory 12 hour DWI Education Program (must complete within 180 days of probation)

PROBATION: Terms differ in each case; decided by judge or jury.

COMMUNITY SERVICE: Mandatory minimum of 24 hours. Maximum 100 hours.

2nd Offense Texas DWI Penalties: 1 prior Texas DWI conviction, or a prior DUI from another state

JAIL:  30 days - 1 year

FINES:  up to $4,000.  "Surcharge" of $1,500 per year for 3 years, or $2,000 per year if BAC .16 or higher.

LICENSE SUSPENSION:  180 days - 2 years. Work permit may be granted by court order (eligibility based on need).

VEHICLE IMPOUND:  none

DWI SCHOOL:  mandatory 32 hour DWI Repeat Offender Program

PROBATION: Terms differ in each case; decided by judge or jury.

COMMUNITY SERVICE:  Mandatory minimum 80 hours - maximum 200 hours.

3rd Offense Texas DWI Penalties: 2 prior Texas DWI or other DUI convictions

JAIL:  2 - 10 years in Texas penitentiary.

FINES:  up to $10,000.  "Surcharge" of $1,500 per year for 3 years, or $2,000 per year if BAC .16 or higher.

LICENSE SUSPENSION:  180 days - 2 years. Work permit may be granted by court order (eligibility based on need).

VEHICLE IMPOUND:  none

DWI SCHOOL:  mandatory 32 hour DWI Repeat Offender Program

PROBATION: Terms differ in each case; decided by judge or jury.

COMMUNITY SERVICE:  Mandatory minimum 80 hours - maximum 200 hours.

Texas Intoxication Manslaughter Penalties

JAIL:  2 - 20 years in prison

FINES:  up to $10,000

LICENSE SUSPENSION:  up to 2 years
 

Warning:

After a Texas DWI arrest, you only have

15 days

to request a hearing to challenge your license suspension. If you don't act fast, you will lose important rights.

Take steps to save your license and protect yourself by contacting the attorney in the county of your arrest for a free case evaluation.

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