Even responsible, well-meaning people can get charged with DWI after a night out with friends. If you receive a DWI charge, you will face a range of penalties that may include fines, jail time, and license suspension. Understanding these consequences is essential for anyone facing a DWI charge in Texas.
Like many other states, Texas hands out harsh punishments when a person receives a DWI conviction. The Texas Department of Transportation explains these DWI penalties and how they might impact your life.
How law enforcement determines DWI
There are two factors law enforcement uses when determining DWI. You can receive a charge if your blood alcohol concentration (BAC) is above 0.08%, which is the legal limit in the state. A breathalyzer test measures your BAC at the time of the traffic stop. You can also receive a charge if alcohol consumption has clearly affected your driving ability, such as by swerving, failing to abide by traffic laws, or exhibiting other signs of impairment during field sobriety testing.
First DWI offense penalties
First DWI offenses receive a fine of up to $2,000 with a possible jail term ranging from 72 hours to 180 days. However, Texas law sets a statutory minimum of 72 hours (three days) in jail for a first DWI conviction; courts may grant probation or credit time served, so not all first-time offenders necessarily serve additional jail time upon conviction. License suspension can last from 90 days up to one year, depending on the circumstances of your case and whether you refused chemical testing.
Second DWI offense penalties
For second offenses, jail terms range from one month to one year. Offenders receive a fine of up to $4,000 and can have their licenses suspended for a period ranging from 180 days to two years. A second DWI conviction is classified as a Class A misdemeanor, carrying more severe consequences than a first offense.
Third DWI offense penalties
For those convicted of a third offense, expect a license suspension period of 180 days up to two years. Jail terms range from two years to ten years in state prison, while the fine can reach up to $10,000. A third DWI is charged as a third-degree felony in Texas, resulting in a permanent criminal record that can affect employment, housing, and other aspects of your life.
Enhanced penalties for DWI with a child passenger
Penalties become even harsher if you are driving with a child under the age of 15 at the time of your arrest. Under Texas Penal Code Section 49.045, driving while intoxicated with a passenger younger than 15 is charged as a separate state jail felony, carrying a fine of up to $10,000 and a jail term of 180 days to two years in a state jail facility, even for a first-time DWI offender.
Additional consequences of a DWI conviction
Beyond fines, jail time, and license suspension, a DWI conviction in Texas can lead to other significant consequences. You may be required to install an ignition interlock device on your vehicle and complete mandatory alcohol education programs. Annual surcharges to maintain your driver’s license are no longer required, as the Texas Driver Responsibility Program was repealed on September 1, 2019. A DWI conviction remains on your criminal record and can impact future employment opportunities, professional licensing, and insurance rates.
Why legal representation matters
Facing DWI charges does not automatically mean you will be convicted. An experienced DWI charge lawyer can examine the circumstances of your arrest, challenge breathalyzer test results, and identify potential violations of your rights during the traffic stop. Early intervention by a qualified DWI penalties lawyer may help reduce charges, minimize penalties, or potentially have your case dismissed depending on the evidence and procedural compliance.
