Practice Areas Overview

Penalties

The Penalties For Driving While Intoxicated (DWI) Are Generally As Follows:

1. First offense: a first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).

2. Second offense: the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).

3. Third offense: you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3rd Degree Felony).

4. DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).

5. DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail.  Additionally, you may be fined up to $10,000.00. (3rd Degree Felony).

6. DWI where a death has occurred as a proximate cause of the intoxication: The crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).

7.  A prior DWI conviction and a present drag racing charge: drag racing is a Class B Misdemeanor, however, it becomes a Class A Misdemeanor where the person had a prior drag racing conviction, a DWI conviction, or had an open alcohol container while they were driving. 

8.  DWI with a child passenger: A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age.  Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00. 

There is no guarantee that you will receive probation on some of the above offenses, nor that a judge or jury would probate a jail sentence or fine.  Some of the offenses above require a minimum amount of days in jail as a condition of probation.  Therefore, you need an attorney that understands the range of punishment and how best to advise you regarding what could happen if you are convicted.

Driver’s License Surcharge:

If you are convicted of a DWI, the Department of Public Safety will require you to pay a “surcharge” in order to maintain your driver’s license for three years from the date of your conviction. 

The amount of the “surcharge" depends on two factors:

1. whether the individual takes the breath test and his/her score; and,
2. any prior DWI conviction history. 

The DPS surcharge will be assessed as follows:

1. $1,000 per year for a person with no prior convictions for DWI;
2. $1,500 per year for a person who has been previously convicted of a DWI within a 36 month period preceding the date of the relevant conviction;
3. $2,000 per year for a person who gives a blood, breath, or urine specimen, which shows an alcohol concentration of 0.16 or higher, regardless of any previous DWI convictions.

DWI Bonds with conditions:

It is up to the discretion of the court to determine your conditions of bond on a first offense.  However, if you are charged with a subsequent offense of DWI or a first offense of Manslaughter or Intoxicated Assault you are required to install a vehicle ignition interlock device on your car and are not allowed to drive any car without one.  This breath machine will determine if there is any alcohol in your breath and will disable you car temporarily.  Note that there are some instances that a judge can determine that in the interests of justice the requirement of an interlock can be waived. 

The Penalties for Driving under the influence (DUI) are generally as follows:
 
1. First Offense: Class C misdemeanor.  A minor may be fined, and will be required to complete 20 to up to 40 hours community service related to education about the misuse of alcohol.  The minor will also be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days.  Furthermore, if the minor is under age 18, the court may require the minor's parent or guardian to attend the program with the minor.  If the minor fails to complete the alcohol awareness course within the 90 day period, the court may impose an additional license suspension up to six months.  For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction.  If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his/her 21st birthday. If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance.

2. Second Offense: Same requirements for a first-offense conviction applies to a second conviction, except for:  The minor will be required to complete a minimum of 40 and a maximum of 60 hours community service related to education about the misuse of alcohol.  Furthermore, a second or any subsequent conviction may not be expunged from your record, however, the minor may still receive deferred adjudication for a second offense.

3. Third Offense: Class B misdemeanor.  The minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer available.  As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18, a parent or guardian will be required to attend both the minor's court appearances and the alcohol awareness program.  If, on the other hand, the minor is 18 years of age or older at the time of his/her third offense, the punishment range is a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension.

To speak to a knowledgeable, dedicated and aggressive Dallas, Texas DWI attorney at Bristol & Dubiel LLP please call our office at (214) 880-9988, or if you prefer, contact us through this Web site and a lawyer from our office will contact you promptly.

At the Law Office of Bristol & Dubiel LLP, our Irving DWI / DUI attorney provides effective representation to people facing drunk driving charges people in the Dallas-Fort Worth metroplex and surrounding communities, including Fort Worth, Las Colinas, Garland, Arlington, Mesquite, Richardson, Rockwall, Greenville, Plano, Denton, Carrollton, Addison, Grand Prairie, Lewisville, Las Colinas, McKinney, Hurst, Euless, Bedford, Richland Hills, North Richland Hills, Highland Park, University Park, Allen, Southlake, Carroll, Coppell, Flower Mound, Grapevine, The Colony, Frisco, Colleyville, Rowlett, Trophy Club, Rowlett, Parker, Murphy and Highland Village.  We serve Dallas County, Tarrant County, Denton County, Collin County, Hunt County, Rockwall County, and Ellis County.