/DWI / DUI Penalties
DWI / DUI Penalties2018-11-08T19:39:33+00:00

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

DWI 1st Offense

Class B Misdemeanor (Modified)  If have a 0.15 BAC or higher, increases to Class A
72 Hours – 180 days Jail, Up to $2000 fine
Up to 2 years probation
24 – 100 hrs. Community Service
Multiple classes / terms of conditions of probation
Up to 30 days in jail as a condition of probation

Driver’s license suspension ranging between 90 to 365 days

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).

DWI 2nd Offense

Class A Misdemeanor (Modified)
30 days Jail – 1 year Jail, Up to $4000 fine
Up to 2 years probation
80 – 200 hrs. Community Service
Multiple classes / terms of conditions of probation
5 to 30 days in jail as a condition of probation

Driver’s license suspension ranging between 180 days to 2 years

DWI 3rd Offense

3rd Degree Felony
2-10 years in a State Penitentiary, Up to $10,000 fine
Up to 10 years probation
160-600 hrs. Community Service
Multiple classes / terms of conditions of probation
Up to 180 days in jail as a condition of probation

Driver’s license suspension ranging between 180 days to 2 years

DWI w/Child in Car (Under 15)

State Jail Felony
180 days – 2 years in a State Jail Facility, Up to $10,000 fine
Up to 5 years probation
120 – 400 hrs. Community Service
Multiple classes / terms of conditions of probation
Up to 180 days in jail as a condition of probation

DWI (Felony) + 1 prior Penitentiary Trip

2nd Degree Felony

2 – 20 years in a State Penitentiary, Up to $10,000 fine
Up to 10 years probation
240 – 800 hrs. Community Service
Multiple classes / terms of conditions of probation
Up to 180 days in jail as a condition of probation

DWI (Felony) + 2 prior Penitentiary Trips

Hybrid (Habitual Offender)
25 – 99 years, or Life in a State Penitentiary
No probation possibilities

Intoxication Assault

3rd Degree Felony-DWI with an accident where serious bodily injury occurred as a

proximate cause of the intoxication
2-10 years in a State Penitentiary, Up to $10,000 fine
Up to 10 years probation
160-600 hrs. Community Service
Multiple classes / terms of conditions of probation
Up to 180 days in jail as a condition of probation

Intoxication Manslaughter

2nd Degree Felony-DWI where a death has occurred as a proximate cause of the intoxication
2 – 20 years in a State Penitentiary, Up to $10,000 fine
Up to 10 years probation
240 – 800 hrs. Community Service
Multiple classes / terms of conditions of probation
Up to 180 days in jail as a condition of probation

Murder “Felony Murder”

(Possible charge if somoene is killed during a person’s 3rd DWI offense
1st Degree Felony)
5 – 99years, or Life in a State Penitentiary, Up to $10,000 fine
Up to 10 years probation
320 – 1000 hrs. Community Service
Multiple classes / terms of conditions of probation
Up to 180 days in jail as a condition of probation

NOTE: 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.

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 at least a 0.15 BAC, 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 your 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:

DUI (Driving Under the Influence)

Class C Misdemeanor
Up to $500 fine
Up to 180 days probation
20 – 40 hrs. Community Service
Multiple classes / terms of conditions of probation

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 DWI lawyer, please call (214) 880-9988, or contact us through this web site and we will contact you promptly.