James Bennett:
Generally speaking, the penalties for DWI are as follows:
IDENTIFICATION
1st Offense :
Class B Misdemeanor - conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days in addition to a driver's license suspension of 90 to 365 days.
(1st Offense with an Open Alcohol Container): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00.
2nd Offense :
Class A Misdemeanor - the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year in addition to a possible driver's license suspension ranging from 180 days to 2 years.
3rd Offense :
3rd Degree Felony - you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment in addition to a suspension of your driver's license ranging from 180 days up to 2 years.
A prior DWI conviction and a present drag racing charge
Drag racing is a Class B Misdemeanor but becomes a Class A Misdemeanor where the person had a prior drag racing conviction, a DWI conviction, or had an open alcohol container while they were driving.
Intoxication Assault: 3rd Degree Felony
DWI with an accident where intoxication was a proximate cause of serious bodily injury - upon conviction you may serve a minimum of 2 years and a maximum of 10 years imprisonment and may be fined up to $10,000.00.
Intoxication Manslaughter :
2nd Degree Felony - DWI with an accident where intoxication was a proximate cause of death. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years)
DWI with a child passenger
State Jail Felony - driving while intoxicated with a person 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.
DWLI (Driving While License Invalid): Class B Misdemeanor
Conviction includes a fine of $100-$500 and/or 3 days to 180 days in jail.
PENALTIES
DWI (1st Offense)
- Up to a $2,000 fine
- 3 days to 180 days in jail (If open container, minimum 6 days in jail)
- Driver's license suspension: 90 days to 365 days
- Probation with no prior felony
PROBATION:
Most people convicted of a first DWI offense do not serve any jail time. They are technically sentenced to jail, but the jail sentence is suspended and they are put on community supervision (probation). The probation is generally for a term of one year but under certain circumstances it can be as much as two years or as little as six months. While on community supervision you must do what the judge orders you to do. These directives are called conditions of probation. If the conditions are not followed the judge has the option of revoking your community supervision and putting you in jail for any number of days up to the original jail sentence you received that was suspended.
The judge can order any reasonable condition of your probation. The most common conditions of probation imposed on an individual placed on probation for a first DWI are as follows:
- Do not violate the law.
- Report to your probation officer. (This is usually once a month.)
- Pay your fine, court costs and monthly probation fees.
- Do community service. For a first offense DWI you must do between 24 and 80 hours community service. The type of community service varies.
- Abstain from the use of alcohol and any non prescription medication.
- You cannot enter bars, taverns and lounges. You may never become intoxicated.
- You must attend DWI Education classes.
- You must attend what is called a Victim Impact Panel. This is presented by M.A.D.D. It is designed to educate on the dangers of DWI.
- Get a drug and alcohol evaluation. (If the evaluation reveals you have a problem with drugs or alcohol then treatment of the problem will be ordered.)
- Maintain a job and support all your dependants
DWI (2nd Offense)
- Up to a $4,000 fine
- 30 days to one year in jail
- Driver's license suspension: 180 days to 2 years
PROBATION:
If you are convicted of a second DWI offence you are still eligible for probation. However, probation for a second offense will generally be more demanding than for a first offense. The length of probation will probably be for a full two years. The additional requirements that are generally required on a second offense are as follows:
- You must serve jail time as a condition of your probation (a maximum of 30 days).
- The community service must be from 80 to 200 hours.
- You will be required to have Ignition Interlock Device installed in your vehicle although this requirement can be changed if good cause is shown to the convicting court. This is a deep lung air machine that will be hooked up to your vehicle's ignition system. You will have to blow into it before your car can be started, and it will not allow your car to start if any alcohol is detected on your breath. If the machine detects any alcohol on your breath, it will be automatically reported to your probation officer and could cause your probation to be revoked.
DWI (3rd Offense) (3rd Degree Felony)
- Up to a $10,000 fine
- 2 to 10 years in the state penitentiary
- Driver's license suspension: 180 days to 2 years
PROBATION:
If you are convicted of a third DWI offense, you will only be eligible for probation under certain circumstances. If you are eligible for probation, the term shall be from 2 to 10 years. The courts will look at many factors to determine whether or not to sentence you to probation for a third DWI conviction. Some of these factors are:
- The length of time since your last DWI conviction;
- How you have done on probation in the past;
- The severity of the facts of your current case;
- Whether or not there was an accident;
- Your blood/breath alcohol concentration if you took chemical tests; and
- Other aggravating factors in your case.
The following conditions of probation (in addition to the conditions above for a second DWI) will likely be required if you are sentenced to felony probation for a third DWI.
- Community service hours rise from 160 to 600 hours.
- You must serve jail time as a condition of probation. (The minimum term of 10 days and the maximum term of 180 days.)
- There court may require various types of inpatient and out-patient alcohol treatment programs.
INTOXICATION ASSAULT (3rd Degree Felony)
An individual can be convicted of intoxication assault if they drive while intoxicated, an accident occurs, and intoxication is a proximate cause of serious bodily injury to another person. The Texas legislature defines serious bodily injury as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
- Up to $10,000 fine
- 2 to 10 years in the state penitentiary
- Drivers license suspension from 180 days to one year
PROBATION:
If convicted of intoxicated assault, you will be eligible for probation under certain circumstances. The severity of any resulting injuries and your prior criminal record are some of the relevant factors that a court will consider in determining whether or not to sentence you to probation.
The following conditions (in addition to the conditions mentioned above for DWI) will likely be required if you are granted probation for an intoxicated assault:
- You must serve jail time as a condition of probation. (The minimum term of 30 days and the maximum term of 180 days.)
- Community service hours from 160 to 600 hours.
- There court may require various types of inpatient and out-patient alcohol treatment programs.
INTOXICATION MANSLAUGHTER (2nd Degree Felony)
An individual can be convicted of intoxicated manslaughter if they drive while intoxicated and intoxication is the proximate cause of death of another person either by accident or by mistake.
- Up to $10,000 fine
- 2 to 20 years in the state penitentiary
- Drivers license suspension from 180 days to 2 years
PROBATION:
If you are convicted of intoxication manslaughter, you could still be eligible for probation. However, it is very difficult to get. Usually, if you want probation supervision you will have to try your case to a jury.
If a person receives probation (in addition to the conditions above for felony DWI) the following conditions apply.
- You must serve jail time as a condition of probation (The minimum term of 120 days and the maximum term of 180 days).
- Community service hours from 240 to 800 hours.
DWI With Child Passenger (State Jail Felony)
A individual can be convicted of this offense if they drive while intoxicated with a passenger under 15 years of age in the vehicle. The penalties for a non-enhanced state jail felony include incarceration for a period no less than 180 days and not more than 2 years, a fine not to exceed $10,000, in addition to the same restrictions associated with a third DWI.
Driving While License Invalid (DWLI)
If your license is suspended for any reason and you drive, you could be convicted of Class B Misdemeanor if you get caught. These penalties increase dramatically if you are caught more than once (resulting in a Class A Misdemeanor).
- 3 days to 180 days in jail
- $100 - $500 fine