Penalties and Consequences

Potential Punishments for Texas DWI

• Criminal Penalties
• Civil Penalty (License Suspension)
• Other Consequences

There are both criminal and civil consequences for a drunk driving conviction, and other ramifications for your personal life. The Plano, Texas law firm of Christopher N. Hoover, P.C. has helped hundreds of clients in Collin County and surrounding communities keep a DWI off their record or soften the consequences for those found guilty.

Free Case Evaluation: 1-888-252-4DWI

Contact us immediately if you have been charged with DWI. Only by evaluating the facts of the case against you, can we determine the best course of action and give you an honest opinion about the likely outcome. See Texas DWI Laws for a full explanation of potential criminal penalties. See Repeat Offenses to learn why it is so critical to fight the charges.

First Offense

For more than 95 percent of first-time offenders in Texas, no jail time is given. However, the other consequences of conviction are plenty severe.

• Community supervision (probation), usually two years: including alcohol/drug use evaluation, DWI education class, MADD victim impact panel, monthly check-ins with probation officer, and no new crimes.
  
• Fine up to $2,000
  
• $1,000 per year surcharge for three years (double if BAC over 0.16)
  
• Community service
  
• Class B misdemeanor criminal record
  
• Additional requirements (e.g., Collin County MAY require an ignition interlock) if the court determines the offender has a drug or alcohol problem

NOTE: Unlike other crime, Texas law does not provide for deferred adjudication of drunk driving offenses. Even if you stay clean, a DWI conviction stays on your record. Most Texas counties also do not provide for a "lesser included" offense - no chance to plead down to reckless driving, obstruction, impaired driving, or driving under the influence. You must beat the DWI or suffer the consequences.

On a first offense, refusal to submit to blood/breath testing results in automatic license suspension, and a surcharge of $1,000 per year for three years.

DWI with Prior Offenses

Any prior conviction for DWI, within 10 years of the date of arrest, results in enhanced penalties (second offense). Furthermore, if you had a DWI within that 10-year lookback, the State can go all the way back to your 16th birthday and include any other drunk driving convictions (thus charging your current DWI as a third offense).

Second Offense Penalties

Texas now makes it a mandatory condition of release from jail on a second DWI/DUI to install on your vehicle a deep air lung device (ignition interlock). This requires the driver to blow into a machine to start the car, and at intervals while driving. If the machine detects alcohol in the breath, the car will not operate. Other penalties include: denial of any driving privileges for up to 1 year

• Minimum jail time of 3 days, up to 1 year
  
• Fine up to $4,000
  
• $1,500 per year surcharge for three years
  
• Community service (80 to 200 hours)
  
• Class A misdemeanor criminal record

Third Offense Penalties

A third DWI/DUI, even if the first one was 20 years ago, is a third degree felony. Punishment includes:

• Minimum prison term of two years, up to 10 years.
  
• Many Texas courts are also requiring an ankle bracelet to continuously monitor alcohol consumption.
  
• Fine up to $10,000, Community service, surcharges, probation, or denial of any driving privileges for up to 1 year

A third DWI is often an indication of an alcohol problem. In lieu of prison, the court may order rehabilitation. Some people may qualify for Substance Abuse Felony Probation (SAFP), in-patient incarceration at a State treatment facility, followed by probation of up to 10 years.

A fourth DWI (or beyond) is treated the same as a third offense, without the option of probation.

A charge of DWI automatically starts a parallel civil process regarding driver's license suspension. The link of suspension varies according to the nature of the charges and the sentencing judge:

• First Offense - Minimum 90 days (up to two years) - Fail 180 refuse
  
• Second offense - Minimum 180 days (up to two years)
  
• Under 21 (DUI) - One-year suspension (or 90 days plus deep lung device) - DWI only waiting/suspension period chart
  
• Refusal of chemical testing - Minimum 180 days (up to 2 years)Refusal with prior DWI - Two-year suspension
  

A drunk driving conviction carries ramifications beyond incarceration, fines, and driving privileges. A DWI/DUI on your criminal record can affect:

• Penalties for a subsequent DWI or other criminal charges
  
• Auto insurance rates (they will skyrocket)
  
• Your current employment
  
• Future job prospects
  
• Your ability to rent an apartment or purchase a home
  
• College entrance