PENALTIES FOR DWI IN TEXAS
Generally speaking, the penalties for DWI are as follows:
First Offense (Class B Misdemeanor): A first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 30 days to 180 days, and a driver's license suspension of 90 to 365 days.
Second Offense (Class A Misdemeanor): A conviction includes a fine not to exceed $4,000.00 and /or the possibility of serving jail time from 30 days to 365 days of imprisonment and a driver's license suspension of 180 days to 2 years.
Third Offense (3rd Degree Felony): A conviction includes a fine not to exceed $10,000.00 and/or 2-10 years of imprisonment, and a driver's license suspension of 180 days to 2 years.
DWI with an open alcohol container (first offense) (Class B Misdemeanor); In addition to the penalty referenced above, you face a minimum of 6 days in jail and a fine not to exceed $2,000.00.
DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication (Intoxication Assault): (3rd Degree Felony). Upon conviction, you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined not to exceed $10,000.
DWI where a death has occurred as a proximate cause of the intoxication (Intoxication Manslaughter): (2nd Degree Felony). Upon conviction, a fine not to exceed $10,000.00 and/or imprisonment from 2 to 20 years.
In the above cases, you may be eligible for probation, but eligibility does not guarantee that you will receive a probated jail sentence or fine. If you are convicted of Intoxication Assault and receive probation, a minimum of 30 days in jail must be served as a condition of probation. If you receive probation for Intoxication Manslaughter, you must serve a minimum of 120 days in jail. However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that your automobile was a “deadly weapon” you may be ineligible to receive probation at all.
