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Penalty For DWI In Texas

The State of Texas considers DWI a serious offense. This is one of those crimes that ends up killing a ton of people every year in the Lone Star State. Texas has enacted serious penalties.

Article by DWI Attorney in Dallas, (469) 718-2020

Penalties for a first offense DWI in Texas

49.04(b) tells us that a DWI first offense is a Class B misdemeanor. That means a fine up to $2,000, suspension of the person’s driver license for 90 days-1 year, and anywhere from 72 hours-180 days in jail.

However, 49.04(d) tells us that if the person convicted of a DWI had a blood alcohol concentration of .15 or more, the charge will automatically be a Class A misdemeanor.

That means, even for a first-time offense, a fine up to $4,000, 72 hours-1 year in jail, and a suspended license for 90 days to 1 year.

DWI In Texas – 2nd Offense, 3rd Offense

For a second offense, the crime is a Class A misdemeanor. This means a potential fine up to $4,000, a suspended or revoked license for 180 days to 1 year, and 30 days to a year in jail.

For a third offense or higher, the crime is a Third-Degree felony. That means a fine up to $10,000, 2-10 years in jail, and a driver’s license suspension for 180 days-2 years.

See also…4th DWI in Texas

Can you get probation for a DWI?

Often times DWI convictions end in the offender receiving probation.

When you receive probation for a DWI, you have typically been convicted of the offense and are sentenced to much stiffer penalties than you actually receive. You might be sentenced to jail time, a hefty fine, and the suspension of your driver’s license.

See also…What happens if you violate probation?

See also > Danny Russell DWI Lawyer (Louisiana DWI Laws), for Baton Rouge DWI Attorney.

However, the judge then “probates” your sentence. What that means is that those punishments are “suspended” and are not actually carried out against you and you are placed on probation.

The judge will set a period for your probation along with certain guidelines and requirements. If you successfully complete your probation period having complied with the conditions set forth by the judge, the original sentence will not be carried out against you.

Each case’s probation guidelines are different. Common probation conditions include, but are not limited to:

  • Paying a portion of the original fine and any court costs.
  • Reporting monthly to your assigned probation officer.
  • Not committing any additional crimes while on probation.
  • Paying a supervisory fee to the probation office.
  • Performing community service.
  • Attending DWI education or alcohol awareness classes.
  • Not consuming any alcohol while on probation.
  • Submitting to any breath test requested by law enforcement or the Court.
  • In certain cases, having an alcohol ignition interlock device installed in your vehicle.
  • Remaining in the county while on probation.

Call (469) 718-2020 to speak to a criminal defense attorney in the Dallas / Fort Worth Area.