Driving While Intoxicated (DWI) Penalties in Texas

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If you have been arrested for Driving While Intoxicated (DWI) in McKinney, Frisco, Allen, Plano or elsewhere in Collin County, Denton County; you are most likely concerned about DWI Penalties in Texas and are uncertain about what step to take next.

You owe it to yourself to contact the DWI attorneys at Jones & Hull, P.C. to discuss your case and see if our experience in helping 90% of our clients successfully defend themselves against DWI conviction can be put to work for you.

In the state of Texas, the penalty for a DWI conviction depends upon several factors. An individual who has been arrested and convicted of Driving While Intoxicated (DWI) for the first time will obviously receive a lower sentence than an individual who is facing their third or even fourth DWI charge. But, it is highly likely that a person facing his or her third or fourth DWI will receive a less severe punishment than a person who was driving while intoxicated and killed someone.

First DWI Conviction (Class B Misdemeanor)

• No less than 72 hours in the county jail
• No more than 180 days in the county jail
• Fine to exceed $2,000
• Driver’s License Suspension Period: 90 days to 1 year

First DWI Probation

Almost all individuals who are convicted of DWI will receive probation for a first offense. It is highly unlikely that the person will ever go to jail. The probation period can be as short as six months, but it cannot be over two years, depending upon the county in which the DWI occurred. In most Texas counties, the length of probation is between 12 and 18 months. While on probation, a person must comply with the terms of probation. Failure to do so will result in a judge revoking the person’s probation and sentencing them to jail. Typical DWI probation terms are:

• Must not commit a new criminal offense
• Report to a probation officer once a month
• Pay fines, court costs, and monthly probation fees
• Complete between 24 and 80 hours of community service
• No alcohol consumption during probation
• Attend various DWI education classes and seminars

DWI Second Offense (Class A Misdemeanor)

• No less than 30 days in the county jail
• No more than 1 year in the county jail
• Fine not to exceed $4,000
• Driver’s License Suspension Period: 180 days to 2 years

DWI Second Offense Probation

The law still allows probation for a Driving While Intoxicated (DWI) second conviction. In most cases a person will receive probation. If placed on probation, it is almost certain that the probation period will be for two years. In addition, the conditions of probation become much more intense. The conditions of probation usually consist of:

• Serving a short time in the county jail (no more than 30 days)
• Must not commit a new criminal offense
• Report to a probation officer once a month
• Pay fines, court costs, and monthly probation fees
• Complete between 80 and 200 hours of community service
• No alcohol consumption during probation
• Attend various DWI education classes and seminars
• Attend Alcoholics Anonymous (AA) meetings
• Install a deep lung air device on person’s vehicle

DWI Third Offense (3rd Degree Felony)

• No less than 2 years in prison
• No more than 10 years in prison
• Fine not to exceed $10,000
• Driver’s License Suspension: 180 days to 2 years

DWI Third Offense Felony Probation

Depending upon the individual’s criminal background, the law allows probation for those individuals convicted of felony DWI Third. If eligible, the term of probation is between two and ten years. Probation is not guaranteed even if the individual is eligible to receive it.

The following conditions of probation will likely be required if a person is granted probation for a felony DWI:

• Actually serve between 10 and 180 days in jail
• Must not commit a new criminal offense
• Report to a probation officer once a month
• Pay fines, court costs, and monthly probation fees
• Complete between 160 and 600 hours of community service
• No alcohol consumption during the term of probation
• Submit to random drug and alcohol testing
• Attend various DWI education classes and seminars
• Install a deep lung air device on person’s vehicle
• Submit to an alcohol treatment program
• Attend Alcoholics Anonymous (AA) classes

Intoxicated Assault DWI (3rd Degree Felony)

DWI Intoxicated assault occurs when a drunk driver causes serious bodily injury to another person. This could be the driver of another vehicle, a pedestrian, or even a passenger in the drunk driver’s own vehicle.

Serious bodily injury is defined under Texas law as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

• No less than 2 years in prison
• No more than 10 years in prison
• Up to $10,000 fine
• Driver’s License Suspension: 180 days to 1 year

Intoxicated Assault Felony DWI Probation

In some situations, Texas law allows a person convicted of Intoxicated Assault to receive probation. However, just because the law allows a person to receive probation does not mean they will be given probation. Many factors must be taken into consideration. These may include, but are not limited to:

• The severity of injuries caused
• The individual’s criminal background
• The degree of intoxication
• The individual’s personal background

If granted probation for DWI Intoxicated Assault, probation will require the individual to:

• Actually serve between 10 and 180 days in the county jail
• Must not commit a new criminal offense
• Report to a probation officer
• Pay fines, court costs, and monthly probation fees
• Complete between 160 and 600 hours of community service
• No alcohol consumption during the entire probation period
• Submit to random drug and alcohol testing
• Attend various DWI education classes and seminars
• Install a deep lung air device on person’s vehicle
• Submit to an alcohol treatment program
• Attend Alcoholics Anonymous (AA) meetings

Intoxicated Manslaughter DWI (2rd Degree Felony)

A person is guilty of intoxicated manslaughter if he or she is guilty of DWI, and while driving while intoxicated causes the death of another individual.

• No less than 2 years in prison
• No more than 20 years in prison
• Up to $10,000 fine
• Driver’s License Suspension: 180 days to 1 year

DWI Intoxicated Manslaughter Felony Probation

In some situations, the laws of the state of Texas allow probation for individuals convicted of felony Intoxicated Manslaughter. It should be understood that although it is permitted, it is rarely granted. In almost all cases, granting probation will require approval by the family of the deceased. If granted, the term cannot exceed 10 years and conditions will include, but are not limited to:

• Actually serve between 120 and 180 days in the county jail
• Must not commit a new criminal offense
• Report to a probation officer once a month
• Pay fines, court costs, and monthly probation fees
• Complete between 240 and 800 hours of community service
• No alcohol consumption during the entire probation period
• Submit to random drug and alcohol testing
• Attend various DWI education classes and seminars
• Install a deep lung air device on person’s vehicle
• Submit to an alcohol treatment program
• Attend Alcoholics Anonymous (AA) meetings

Contact us today to speak with a knowledgeable attorney.