Punishment
Criminal Penalties
First Offense
Driving While Intoxicated is a class B misdemeanor with a range of
punishment of 3 to 180 days in jail and a fine not to exceed $2,000. Texas
law increases punishment for persons previously convicted of DWI. An
individual who pleads guilty or no contest to DWI may not receive deferred
adjudication
In most circumstances a person convicted of DWI for the first time will
not be required to spend time in jail but will receive community supervision
(probation). The maximum term of probation is 2 years. As a condition of
probation the person will be ordered to pay a fine, report to a probation
officer, perform community service, abstain from the use of alcohol and
attend an alcohol education course. The presence of an open container of
alcohol in the passenger compartment increases the minimum period of
confinement from 3 to 6 days.
Second Offense
A person convicted of a second DWI faces a minimum term of confinement of
30 days with a 1 year maximum,
plus a fine not to exceed $4,000. Community supervision remains an option
but the person will be required to serve a minimum of three days in jail as
a condition of community supervision. Driver’s license suspension is 180
days to 2 years.
Third Offense - Felony DWI
A third Driving While Intoxicated conviction is a felony and carries a
term of confinement of 2 to 10 years in prison. If community supervision is
granted a minimum of 10 days in jail will be required. The person’s driver’s
license will be suspended for up to 2 years.
DWI with Child Passenger
If a person younger than 15 years of age is a passenger in a vehicle operated
by an intoxicated person the offense is a state jail felony. The period of
confinement is 180 days to 2 years in a state jail facility, plus a fine not to
exceed $10,000.
License Suspension
A conviction for DWI, in any form, also carries the possibility of
automatic license suspension. However, in many circumstances it is
possible to avoid a conviction suspension.
DPS Surcharge
In addition to criminal penalties,
a person convicted of a first DWI will be required to pay a surcharge of
$1,000 per year for three years in order to keep his driver's license. The
annual surcharge increases to $1,500 per year for a second or subsequent
conviction within a 36 month period. If the person is shown to have had an
alcohol concentration of .16 or greater, the surcharge is $2,000 per year
for three years. Failure to pay the surcharge or enter into an installment
payout agreement will result in suspension of the license until all payments
are made.
