If you are convicted of DWI in Texas, the following punishment ranges apply:
DWI, First Conviction: Class B Misdemeanor
- Jail time in the County jail for not less than 72 hours or more than 180 days.
- Fine of up to $2000.
- Community Service between 24 and 100 hours.
Most individuals who are convicted of a DWI 1st receive community supervision (probation) and do not have to serve any time in jail. Typically, the length of probation is between 12 and 24 months. Typically an individual placed on community supervision would be required to perform the following conditions of their probation.
- Report monthly to a probation officer.
- Pay a monthly supervision fee.
- Attend and complete a DWI Education class.
- Attend and complete a Victim Impact Panel. This is a forum where victims of drunk drivers speak on the effects of drunk driving.
- Get a state approved drug and alcohol evaluation.
- Work faithfully at a suitable job.
DWI 2nd, Second Conviction: Class A Misdemeanor
- Jail time in the County jail for not less than 30 days or more than 365 days.
- Fine of up to $4000
- Community Service
Again, most individuals will receive a probated sentence if they are convicted of DWI 2nd. However, there is a mandatory 3 days in jail as a condition of probation with a DWI 2nd conviction.
DWI 3rd, Third Conviction: Third Degree Felony
- Penitentiary time between 2 and 10 years
- Fine up to $10,000
An individual who has been convicted for DWI third is still eligible for probation as long as he has no prior felony convictions. Probation terms are usually more difficult. Individuals convicted of DWI 3rd have to serve a mandatory 10 days in jail as a condition of probation. In addition, you will probably have to attend AA meetings and have an interlock device installed on your vehicle.
Driving While Intoxicated with a Child Passenger
An individual who is intoxicated while operating a motor vehicle with a child passenger who is younger than 15 years of age has committed this offense, which is a State Jail Felony. Generally, the terms of probation for this offense are similar to a DWI 3rd.
An individual can be prosecuted for Intoxication Assault if while operating a motor vehicle while intoxicated and either by accident or mistake causes serious bodily injury to a person by reason of the intoxication. This offense is a 3rd Degree Felony and also has terms and conditions of probation that are similar to a DWI 3rd.
If someone who is operating a motor vehicle while intoxicated and by reason of that intoxication causes the death of another by accident or mistake, he can be prosecuted for Intoxication Manslaughter, which is a Second Degree Felony. Intoxication Manslaughter is treated seriously by prosecutors. Usually, the prosecution seeks time in the penitentiary for this offense. For that reason, it is important to contact a seasoned, aggressive attorney as soon as possible upon being arrested for this offense.