Depending on the number of prior
convictions an offender has, and when those convictions occurred, a
DWI can be either a misdemeanor or a felony offense.
Generally speaking, the penalties for DWI are as
follows:
a) First offense
: a first-offense conviction includes a fine not to
exceed $2,000.00 and/or the possibility of serving jail time from 3
days to 180 days, and a driver's license suspension of 90 to 365
days. (Class B Misdemeanor).
b) Second
offense: the maximum fine increases to no more than
$4,000.00 and/or jail from 30 days to one year, and a possible
driver's license suspension ranging from 180 days to 2 years.
(Class A Misdemeanor).
c) Third
offense: this includes a fine up to $10,000.00
and/or 2 to 10 years of imprisonment, and suspension of your
driver's license ranging from 180 days up to 2 years. (3rd Degree
Felony).
d) DWI with an open
alcohol container (first offense): In addition to the
penalty referenced above an offender faces a minimum 6 days in jail
and a fine of no more than $2,000.00. (Class B
Misdemeanor).
e) DWI with an accident
where serious bodily injury occurred as a proximate cause of the
intoxication: This crime is called intoxication
assault, and upon conviction an offender may serve a minimum of 2
years up to a maximum of 10 years in jail.
Additionally, an offender may be fined up to $10,000.00.
(3rd Degree Felony).
f) DWI where a death has
occurred as a proximate cause of the
intoxication: This is called intoxication
manslaughter. Upon conviction an offender might
have to pay a maximum fine of $10,000.00 and/or be imprisoned from
2 to 20 years. Intoxicated Manslaughter or Manslaughter with use of
Deadly Weapon are both 2nd Degree Felonies. Under Texas law, a
vehicle can be a Deadly Weapon.
g) A prior DWI
conviction and a present drag racing charge: Drag
racing is a Class B Misdemeanor, however, it becomes a Class A
Misdemeanor where the person had a prior drag racing conviction, a
DWI conviction, or had an open alcohol container while the person
was driving.
h) DWI with a
child passenger: A person commits a state jail felony
if a person drives while intoxicated and there is a child
in the vehicle who is under 15 years of age. Punishment for a
non-enhanced state jail felony is by confinement in a state jail
for any term of not more than 2 years or less than 180 days and a
fine not to exceed $10,000.00.
In some of the above minor classifications a
person may be eligible for probation, but there is no
guarantee that the person will receive a probated jail
sentence or fine. If a person is convicted of intoxication
assault and wishes to receive probation, a minimum of 30 days in
jail must be served as a condition of probation. Furthermore, to
receive probation upon being convicted of intoxication
manslaughter the offender must serve a minimum of
120 days in jail. However, upon conviction of Intoxication
Assault or Intoxication Manslaughter and the court or jury finds
that the offender committed the offense with a deadly
weapon, the offender may be ineligible to receive
probation at all.
i)
Surcharges: In addition to the foregoing ranges of
penalties, for all convictions of DWI, whether or not probated, the
DPS will assess a $1,000.00 surcharge on the driver's license of
the person, for three years, and the surcharge will be $1,500.00
per year for three years for a second or subsequent
conviction, and $2,000.00 per year for three years for a first
or subsequent conviction if it is shown that the person's blood,
breath, or urine showed an alcohol concentration level of 0.16 or
more at the time the analysis was
performed.
Generally, the penalties for Driving Under
the Influence of Alcohol by a minor, include
suspension of driving privileges, and:
a) First
Offense: Class C misdemeanor. If the minor
is under age 18, the court will require the
minor's parent or guardian to be present with the minor
at every court appearance. Furthermore, the parent or guardian
can be forced to attend by the court. Upon conviction, a minor may
be fined, and will be required to complete a minimum of 20 and a
maximum of 40-hours community service related to education about or
prevention of misuse of alcohol. Additionally, the minor will
be required to attend an alcohol awareness program sponsored by the
Texas Commission on Alcohol and Drug Abuse within 90 days.
Furthermore, if the minor is under age 18, the court may require
the minor's parent or guardian to attend the program with the
minor. If the minor fails to complete the alcohol awareness
course within the 90-day period the court may impose an additional
license suspension up to six months. For a first offense the
minor may receive deferred adjudication, however, an order of
deferred adjudication for DUI is considered a conviction. If
the minor receives only one conviction for DUI (while a minor),
that conviction may be expunged from his or her record after his or
her 21st birthday.
b) Second Offense: Everything for a
first-offense conviction applies to a second conviction, with the
following exceptions: The minor will be required to complete
a minimum of 40 and a maximum of 60-hours community service related
to education about or prevention of misuse of alcohol.
Furthermore, a second or any subsequent conviction may not be
expunged from the minor's record, however, the minor may still
receive deferred adjudication for a second offense.
c) Third Offense: Class B
misdemeanor. For a third offense, the minor will still be
required to complete between 40 and 60 hours of community service,
however deferred adjudication is no longer an option. As with
the first two offenses the minor will be required to attend an
alcohol awareness program within 90 days of your conviction, and if
the minor is under age 18 a parent or guardian will be required to
attend both the minor's court appearances and the alcohol awareness
program. If, on the other hand, the minor is 18 years of age
or older at the time of his third offense, the penalty is much
higher. Specifically, the minor will receive a fine ranging
from $500.00 to $2,000.00; confinement in jail for up to 180 days;
or both a fine and some jail time in addition to a license
suspension.
