Classifications & Range of Punishment for DWI Conviction
Community supervision (probation) consisting of a host of classes, community service hours, and/or counseling is typically available for most DWI convictions. However, below are the maximum punishments for each DWI conviction:
DWI, 1st Offense: Class B Misdemeanor
Fine: A fine not to exceed $2,000.00.
Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months.
Open Container: If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.
Enhanced Penalties for Subsequent Convictions
If it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are enhanced. For the following enhancement the prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. The law also allows the use prior out of state convictions for enhancement of punishment.
DWI, Second Offense: Class A Misdemeanor
Fine: A fine not to exceed $4,000.00.
Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year.
Suspension of license: A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.
DWI, Third Offense (or greater): Third degree
FELONY
Fine: A fine not to exceed $10,000.00.
Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.
Suspension of license: A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.
Other DWI-related Offenses
Intoxication Assault: Third degree Felony: A person can be convicted of this offense if it is shown that the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another.
Fine: A fine not to exceed $10,000.00.
Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.
Intoxication Manslaughter: Second Degree Felony: A person can be convicted of this offence if it is shown that the person operated a motor vehicle in a public place, was intoxicated and by reason of that intoxication caused the death of another by accident or mistake.
Fine: A fine not to exceed $10,000.00.
Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years.
DWI Surcharge
In addition to fines, court costs and punishments discussed above, the Texas legislature has now imposed a "surcharge" for persons arrested and convicted of DWI on or after September 1, 2003. The surcharge will be assessed as follows:
DWI-Breath/Blood Test Refused $1,000 per year for 3 years=$3,000
DWI-Breath/Blood Test < 0.16 $1,000 per year for 3 years=$3,000
DWI-Repeat Offender $1,500 per year for 3 years=$4,50
DWI-Breath/Blood Test Result > 0.16 $2,000 per year for 3 years=$6,000
