WHAT IS A TYPICAL 1ST DWI SENTENCE IN TEXAS?

Sentences for first-time DWI offenses in Texas can vary widely depending on several factors, such as the defendant’s BAC (blood or breath alcohol concentration) level, whether anyone was injured or killed in an accident, and whether a child was in the vehicle. In Texas, as in other states, a person is considered legally intoxicated, and may be arrested and charged with Driving While Intoxicated (DWI) if he or she has a BAC of .08 or higher. It is possible to still be charged with a DWI if your BAC is lower than .08 where there are other signs of impairment due to alcohol.

A 1st Offense DWI is considered a Class B misdemeanor, which is punishable by a fine of up to $2,000, 72 hours to 1 year in jail, loss of your driver’s license for up to 1 year, and fees of up to 2,000 per year for three years to retain your license.

CIRCUMSTANCES WITH INCREASED PENALTIES

A 1st offense can be enhanced to a Class A misdemeanor if your BAC was over 0.15 at the time. Class A misdemeanor DWI offenses (which carry the same penalties as 2nd Offense DWIs) are punishable by a fine of up to $4,000, one month to a year in jail, loss of license for 2 years, and fees of up to $2,500 per year for three years to retain your driver license.

DWI WITH A CHILD PASSENGER

You can be charged with child endangerment for driving while intoxicated if you had passengers younger than 15 years old. A DWI offense with a child passenger is punishable by a fine of up to $10,000, up to 2 years in jail, and loss of your driver’s license for 180 days.

1ST OFFENSE DWI BY UNDERAGE DRIVERS

For drivers under 21, who cannot drink legally, Texas has a zero-tolerance policy for any detectable amount of alcohol. For those charged with DWI as adults (typically 17 to 20 years of age), a 1st offense is also a Class B misdemeanor.

Penalties include a fine of up to $2,000, a minimum of 72 hours and up to 180 days in jail, and license suspension for 90 to 365 days. For minors under 17, a 3rd DWI offense carries a fine of up to $500, 40-60 hours of community service, and license suspension for a minimum of 180 days, up to 2 years. For a first offense, the sentencing court has the discretion to probate the jail sentence and waive the suspension

For both adults and minors, if a person possesses an open container of alcohol at the time of the offense, the minimum term of incarceration is raised to 6 days.

GET HELP FROM AN EXPERIENCED TEXAS DWI ATTORNEY

If you have been charged with DWI, contact Andrew Williams, a Board Certified criminal law defense attorney with two decades of experience, who can guide you through the legal process. Call 281-358-9111 or contact us online any time to schedule a free consultation. The Law Office of Andrew Williams serves clients throughout Harris County, Montgomery County, Liberty County, and San Jacinto County.

Author: Andrew Williams

I am a criminal defense lawyer with over 30 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.