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DWI Consequences

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While DWI is extremely common, it is a costly offense with serious consequences.

DWI – 1st Offense

A first time DWI offense is a class B Misdemeanor, which has a punishment range of 3 -180 days in jail, up to a $2,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.

DWI – 1st Offense with an Open Container

DWI with an open container is a Class B Misdemeanor, which has a punishment range of 6 -180 days in jail, up to a $2,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.

DWI – 1st Offense with a BAC .15 or Higher

A first time offense with a blood alcohol concentration of 0.15 or higher is a Class A Misdemeanor, which is punishable by 3-365 days in jail, up to a $4,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep license.

DWI – 2nd Offense

A second DWI offense (DWI-Repeat Offender) is a Class A Misdemeanor, and is punishable by 30-365 days in jail, up to a $4,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.

DWI with a Child Passenger

DWI with a Child Passenger is a State Jail Felony, which is punishable by 180 days – 2 years in a Texas State Jail facility, up to a $10,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.

DWI 3rd Offense or More

A third DWI (Habitual DWI) is a 3rd Degree Felony, which carries with it a punishment range of 2 – 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary, up to a $10,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.

DWI Probation

DWI offenses are not eligible for Deferred Adjudication in Texas. Therefore, if you receive probation you will have a lifelong conviction for the underlying DWI offense. The likelihood of DWI probation is entirely dependent on your history and the facts of your case.

Most all DWI probations include, but are not limited to monthly reporting to probation officer, restricted travel, up to a $2,000 fine, court costs, probation monitoring fees, DWI intervention or education program, an alcohol monitoring device, and community service hours.