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What are the penalties for a DWI in Texas?

By: LawInfo

Texas DWI Penalties Include:

1st DWI OFFENSE:

  • (Class B misdemeanor) - Punishable as a fine not to exceed $2,000.00,
  • Jail Time: 72 hours to 180 days,
  • Driver’s license suspension: 90 days- 1 Year,
  • The court may probate the jail sentence and waive the driver license suspension on the first offense ONLY, and
  • Possession of an open container of an alcoholic beverage increases the minimum term of confinement by 3 days to 6 days for a 1st offense.


2nd DWI OFFENSE:

  • (Class A misdemeanor) - Punishable by a fine not to exceed $4,000.00,
  • Jail Time: 30 days-1 year, and
  • Driver’s license suspension: 180 days-2 Years


3rd (or subsequent) DWI OFFENSE:

  • (Felony of the Third Degree) - Punishable by a fine not to exceed $10,000.00,
  • Imprisonment  In State Penitentiary: 2-10 years, and
  • Driver’s license (or driving privilege) suspension: 180 days-2 years.


DWI with Child Passenger Under 15

  • (State Jail Felony) - Punishable by a fine not to exceed $10,000
  • Jail: 180 Days-2 Years


Intoxication Assault (DWI Causing serious injury):

  • (Felony of the Third Degree) - Punishable by a fine not to exceed $10,000.00,
  • Confinement in State Penitentiary: 2-10 Years, and
  • Driver license suspension: 90 Days-1 Year


Intoxication Manslaughter (DWI resulting in another person’s death):

  • (Felony of the Second Degree) - Punishable by a fine not to exceed $10,000.00,
  • Confinement in State Penitentiary: 2-10 Years, and
  • Driver's license suspension; 180 Days-2 Years.

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