Driving While Intoxicated (DWI)

Driving While Intoxicated (DWI) in Texas: Laws, Penalties, and Legal Guidance

In Texas, Driving While Intoxicated (DWI) is a serious criminal offense governed by Texas Penal Code §49.04. A person commits a DWI offense if they are intoxicated while operating a motor vehicle in a public place. “Intoxicated” is defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination thereof. (Findlaw, Jason English Law)

Penalties for DWI in Texas

The penalties for a DWI conviction in Texas vary based on factors such as prior offenses, BAC level, and the presence of aggravating circumstances:

First Offense (Class B Misdemeanor)

• Fine up to $2,000(TxDOT)

• Jail time between 72 hours and 180 days(Texas Impaired Driving Task Force)

• Driver’s license suspension for 90 days to 1 year(Eddington Worley)

• Mandatory attendance in an Alcohol Awareness Program(Eddington Worley)

• Possible installation of an ignition interlock device(Austin Hagee Law Firm)

First Offense with BAC ≥ 0.15% (Class A Misdemeanor)

• Fine up to $4,000(Thiessen Law Firm)

• Jail time up to 1 year(Texas Criminal Defense Group)

• Driver’s license suspension for 90 days to 1 year(Eddington Worley)

• Mandatory ignition interlock device

Second Offense (Class A Misdemeanor)

• Fine up to $4,000

• Jail time between 30 days and 1 year(Texas Impaired Driving Task Force)

• Driver’s license suspension for 180 days to 2 years

• Mandatory attendance in a DWI intervention or education program(Texas Impaired Driving Task Force)

• Possible ignition interlock device(Thiessen Law Firm)

Third Offense (Third-Degree Felony)

• Fine up to $10,000

• Prison time between 2 and 10 years

• Driver’s license suspension for 180 days to 2 years

• Mandatory attendance in a DWI intervention or education program

• Possible ignition interlock device

DWI with a Child Passenger (State Jail Felony)

• Fine up to $10,000

• Jail time between 180 days and 2 years

• Driver’s license suspension for 90 days to 2 years

Additional Consequences

• Administrative License Revocation (ALR): Refusing or failing a chemical test can result in an automatic driver’s license suspension, separate from criminal penalties. (Texas Impaired Driving Task Force)

• Annual Surcharges: Convicted individuals may be required to pay annual surcharges of up to $2,000 for three years to retain their driver’s license. (Texas Impaired Driving Task Force)

• Employment Impact: A DWI conviction can adversely affect current employment and future job prospects, especially in professions requiring a clean driving record.(mysanantonio.com)

• Insurance Rates: Auto insurance premiums are likely to increase significantly following a DWI conviction.

Legal Assistance

Facing a DWI charge in Texas can be overwhelming, but you don’t have to navigate it alone. Wilkerson & Campbell, PLLC specializes in criminal defense and is committed to protecting your rights and future.

• Phone: 844-849-9789

• Address: 2201 Main Street, Suite 206, Dallas, TX 75201