Before getting behind the wheel when drunk in Texas there is a question you should ask yourself: What are the criminal DWI penalties in Texas? As you will read below, the penalties are severe, so stay put, call someone to pick you up, or hail a taxi home if you really want to get in a car drunk.
DWI Penalties in Texas
Texas assigns driving while intoxicated (DWI) penalties according to the prior criminal record of the driver and the severity of circumstances surrounding the current DWI arrest and charges. The main focus of this post is to discuss the criminal penalties of DWI arrest and charges.
Texas breaks up the DWI penalties for first time and repeat offenders and aggravating charges. For the statutory reference of the items listed below, click here.
First Offense: DWI Alcohol
- Up to $2,000 fine.
- Jail time between three and 180 days.
- License suspension for up to two years (separate and apart from any Texas Department of Public Safety determination).
- Annual surcharges up to $2000 to keep the driver’s license for three years.
- DWI intervention or education program.
- Possible installation of ignition interlock device.
Second Offense: DWI Alcohol
- Up to $4,000 fine.
- Jail time between one month and 10 years.
- License suspension for up to two years (separate and apart from any Texas Department of Public Safety determination).
- Annual surcharges up to $2000 to keep the driver’s license for three years.
- DWI intervention or education program.
- Possible installation of ignition interlock device.
Aggravating Charges
It is possible to be charged with a higher offense in addition to the DWI charge if for example another crime is committed. Driving Drunk with a Child Under the Age of 15, Intoxication Assault, and Intoxication Manslaughter are three examples of upgraded charges.
- Driving Drunk With A Child Under The Age Of 15: When an adult drives drunk with a child under the age of 15 in the vehicle, the driver fine is increased up to $10,000, a jail sentence of up to 2 years may be imposed, and an 180 day driver’s license suspension are the common penalties.
- Intoxication Assault: Here while driving drunk, the driver causes serious bodily injury which causes a significant risk of death, serious and permanent disfigurement or loss, and damage that impairs function of a body part or organ. It is a third degree felony and the available punishment is two to ten years in prison and a fine up to $10,000.
- Intoxication Manslaughter: This is the most serious of all the potential DWI charges. For this crime to be charge, while driving drunk a human being is killed. A second degree felony, the driver faces two to twenty years in prison and a fine of up to $10,000.
DWI Criminal Defense Attorney in Plano, Texas
Your liberty may be at stake if you have been pulled over for suspected drunk driving. Call the law offices of Kimberly Griffin Tucker at (214) 445-6336 or email our Plano, Texas office to schedule your free initial consultation.