Driving While Intoxicated (DWI) is a serious crime in Texas, and the penalties for being convicted of impaired driving can be severe. The penalties for a DWI in Texas depend on the number of prior convictions the offender has, as well as the offender’s blood alcohol concentration (BAC) at the time of the offense.
First Offense
The penalties for a first offense DWI in Texas are as follows:
* Fine: Up to $2,000
* Jail time: 3 days to 180 days (with a mandatory minimum of 72 hours)
* License suspension: 90 days to 1 year
* Annual surcharge: Up to $2,000 for 3 years
* DWI intervention or education program
* Possible ignition interlock device if BAC is high
Second Offense
The penalties for a second offense DWI in Texas are as follows:
* Fine: Up to $4,000
* Jail time: 1 month to 1 year
* License suspension: 180 days to 2 years
* Annual surcharge: Up to $2,000 for 3 years
* DWI intervention or education program
* Possible ignition interlock device
Third or Subsequent Offense
The penalties for a third or subsequent offense DWI in Texas are as follows:
* Fine: Up to $10,000
* Jail time: 2 years to 10 years
* License suspension: 2 years
* Annual surcharge: Up to $2,000 for 3 years
* DWI intervention or education program
* Possible ignition interlock device
Other Penalties
In addition to the above penalties, a person convicted of a DWI in Texas may also be required to pay restitution to the victim of the offense, as well as court costs. The offender may also be required to complete community service and attend a substance abuse treatment program.
Ignition Interlock Device
An ignition interlock device (IID) is a breathalyzer that is installed in a vehicle’s ignition. The driver must blow into the IID before the vehicle will start. If the driver’s BAC is above a certain level, the vehicle will not start. IIDs are often required for people who have been convicted of a DWI.
DUI Defenses
There are a number of defenses that can be raised in a DWI case. Some common defenses include:
* The arresting officer did not have probable cause to stop the vehicle.
* The arresting officer did not properly administer the breathalyzer test.
* The defendant’s BAC was below the legal limit.
* The defendant was not driving the vehicle.
If you have been arrested for a DWI in Texas, it is important to speak with an experienced criminal defense attorney as soon as possible. Contact us today at 214-321-4105 to learn more.
The Beltz Law Firm