If you’ve been charged with driving while intoxicated in Texas, you’re probably wondering what penalties you might face if convicted. The penalties a defendant might face on conviction of DWI depend on multiple factors, including their prior DWI history, their level of intoxication, and aggravating factors in their current offense.
Understanding DWI Laws
Under Texas law, a person commits an offense if they operate a motor vehicle while intoxicated by alcohol or drugs. A driver may face an arrest and conviction for DWI when they have a blood alcohol content of 0.08 percent or more. However, police can arrest and charge a motorist with DWI if they have any amount of alcohol or drugs in their system that adversely affects their ability to operate a motor vehicle safely.
Penalties for First-Time Offenders
Standard penalties for a first-time DWI conviction in Texas include:
- A fine of up to $2,000
- Up to 180 days in jail, with a mandatory minimum sentence of three consecutive days
- Up to one year of driver’s license suspension
Penalties for Repeat Offenses
Texas increases penalties for drivers who commit new DWI offenses after a prior intoxicated driving conviction. For example, penalties for a second offense include:
- A fine of up to $4,000
- One to 12 months in jail
- Up to two years of driver’s license suspension
A third or subsequent conviction imposes penalties of:
- A fine of up to $10,000
- Two to 10 years in prison
- Up to two years of driver’s license suspension
Aggravating Factors and Enhanced Penalties
Aggravating factors in a DWI case can also result in enhanced penalties for a driver, even for a first-time DWI offense. Factors that can enhance penalties for DWI conviction include:
- Driving with a BAC of 0.15 percent or more: A fine of up to $4,000 and up to one year in jail
- Driving with a passenger under 15: Up to two years in jail, an additional fine of up to $10,000, and an additional 180-day driver’s license suspension
- Intoxication assault (severely injuring someone in a drunk driving accident): Two to ten years in prison and a potential fine of up to $10,000
- Intoxication manslaughter (causing a fatal drunk driving accident): Two to 20 years in prison and a potential fine of up to $10,000
Long-Term Consequences of a DWI Conviction
A DWI conviction can also have long-term consequences for a driver that last even after they’ve completed their sentence. For example, a conviction may increase auto insurance premiums, as insurers may view someone with a drunk driving conviction as a higher accident risk. A DWI conviction will also result in a criminal record that appears during background checks, potentially jeopardizing an individual’s ability to obtain employment, housing, or educational opportunities.
Contact a DWI Defense Attorney Today
A DWI conviction can have serious immediate and long-term consequences. Fight back by securing representation from an experienced DWI defense lawyer. Contact the Law Office of Al Rowland, PLLC, today for a free, confidential consultation to discuss how our firm can help you pursue a favorable outcome to your DWI charges in Texas.