DWI — Punishment Ranges
There are a myriad of consequences that result from a DWI charge. There will be some consequences regardless of the outcome of the DWI charge itself. Be fully informed! Initial consultation is always free. Call 936-582-1945 now!
- 1st Offense - Over 21 years of age. Class B Misdemeanor – Up to a $2,000 fine and/or up to 180 days in jail (72 hour minimum). Loss of license if convicted. Probation possible, with no loss of license if over 21 years of age. Under 21, if probated, a 90 day suspension of license and an interlock device will be required. New law effective September 1, 2019 now allows deferred adjudication, but with special requirements. With blood alcohol result of 1.5 or higher, punishment is enhanced. DWI 1st with Open Container requires 6 days jail time if convicted. As of September 1, 2019, the surcharge program has been eliminated, but replaced with a mandatory $3000.00 additional fine now imposed on convictions in addition to the base fine.
- 1st Offense - Under 21 years of age. Under 21 years of age. All of the above, and if granted probation, a 90 day license suspension will apply and an interlock device will be required.
- 2nd Offense – Class A Misdemeanor - Up to a $4,000 fine and/or up to 1 year in jail (30 day minimum). Loss of license if convicted. Probation possible, with no loss of license and at least 5 days in jail will be required . No deferred adjudication permitted. A $1,500 license surcharge per year for three years will be imposed by DPS, whether convicted or probation. As of September 1, 2019, the surcharge program has been eliminated, but replaced with a mandatory additional fine now imposed on convictions in addition to the base fine. Consultation with an attorney is highly encouraged to discuss this costly requirement.
- 3rd (or more) Offense – 3rd degree Felony - Up to a $10,000 fine and/or 2 years-10 years in prison. License suspension from 180 days – 2 years, if convicted. Probation possible. No deferred adjudication.
- DWI with accident and serious bodily injuries occur as a proximate cause of the intoxication - Referred to as Intoxication Assault – 3rd degree Felony.
- DWI with child passenger (under 15 years of age) – State Jail Felony - 180 days in jail to 2 years and a fine not to exceed $10,000.
There are various other criminal offenses associated with driving and intoxication not listed above. Additionally there are variations of additional requirements associated with probations, such as education courses, community service, installation of interlock devices, etc.