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PENALTIES FOR DWI IN TEXAS |
Generally speaking, the penalties
for DWI are as follows:
a) first offense: a first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).
b) second offense: the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).
c) third offense: here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3rd Degree Felony).
d) DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).
e) DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony).
f) DWI where a death has occurred as a proximate cause of the intoxication: here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).
In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of intoxication assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation. Furthermore, to receive probation upon being convicted of intoxication manslaughter you must serve a minimum of 120 days in jail. However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that you committed the offense with a deadly weapon you may be ineligible to receive probation at all.
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ALCOHOL AND MINORS IN TEXAS; ZERO TOLERANCE FOR CHILDREN
OF THE LONE STAR STATE |
In recent years the Texas Legislature has taken a hard-line stance against the use and abuse of alcohol by juveniles and other minors, enacting strict legislation in an effort to curb the number of arrests involving young adults and alcohol. The goal, as the Legislature has often stated, is to create an atmosphere of "zero tolerance" for alcohol abuse and minors.
The result of zero tolerance legislation is that in Texas, minors can be cited for violating Texas law if they are caught purchasing, attempting to purchase, possessing or consuming alcoholic beverages. Further, minors who consume any amount of alcohol and then drive a motor vehicle can be arrested or ticketed for illegal activity even where the minor is driving without being intoxicated.
One of the main distinctions between alcohol offenses involving minors and those involving adults is that the focus of legislation geared towards minors emphasizes education and rehabilitative measures upon conviction as opposed to criminal punishment and punitive sanctions.
The following information, as taken from chapter 106 of the Texas Alcoholic Beverages Code, is provided as a general introduction to alcohol related offenses for minors in the State of Texas. Under Texas law a minor, for purposes of alcohol-related offenses, is any person under the age of twenty-one (21), which is the minimum drinking age. To understand how any of the following statutory provisions might apply to the specific facts of your case you should consult with a licensed attorney who can answer your questions.