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Texas DWI Penalties

Updated: Mar 14, 2023 @ 7:21 pm

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Public Intoxication

When a person is convicted of Public Intoxication, or of being intoxication while in a “public place”, the following penalties apply.

CLASSIFICATION: Class C Misdemeanor
FINE: Up to $500.00

1st DWI

When a person is convicted of Driving While Intoxicated for the first time, in Texas, potential penalties listed below may apply.

CLASSIFICATION: Class B Misdemeanor
FINE: Up to $2,000
PRISON SENTENCE: 72 Hours – 180 Days
TEXAS DRIVERS LICENSE SUSPENSION: 90 Days to 365 days

2nd DWI

When a person is convicted of Driving While Intoxicated for the second time, in Texas, potential penalties listed below may apply.

CLASSIFICATION: Class A Misdemeanor
FINE: Up to $4,000
PRISON SENTENCE: 30 Days – 1 Year
TEXAS DRIVERS LICENSE SUSPENSION: 180 days to 2 years

3rd DWI

When a person is convicted of Driving While Intoxicated for the third time, in Texas, potential penalties listed below may apply.

CLASSIFICATION: 3rd Degree Felony
FINE: Up to $10,000
PRISON SENTENCE: 2 – 10 Years (TDC)
TEXAS DRIVERS LICENSE SUSPENSION: 180 days to 2 years

Intoxication Assault/DWI Injury

When a person is convicted of injuring someone as a result of Driving While Intoxicated the potential penalties listed below may apply.

CLASSIFICATION: 3rd Degree Felony
FINE: Up to $10,000
PRISON SENTENCE: 2 – 10 Years (TDC)
TEXAS DRIVERS LICENSE SUSPENSION: 180 days to 2 years

Intoxication Manslaughter

When a person is convicted of killing someone as a result of Driving While Intoxicated the potential penalties listed below may apply.

CLASSIFICATION: 2nd Degree Felony
FINE: Up to $10,000
PRISON SENTENCE: 2 – 20 Years (TDCJ)
TEXAS DRIVERS LICENSE SUSPENSION: 180 days to 2 years

DWI Child Passenger

When a person is convicted of Driving While Intoxicated, with the added element of their being a child passenger in the vehicle at the time, the potential penalties listed below may apply.

CLASSIFICATION: State Jail Felony
FINE: Up to $10,000
PRISON SENTENCE: 6 Months – 2 Years State Jail
TEXAS DRIVERS LICENSE SUSPENSION: 90 days to 2 years

DWI Open Container

If a person is convicted of Driving with an Open Alcoholic Container, the potential penalties listed below may apply.

CLASSIFICATION: Class B Misdemeanor
FINE: Up to $2,000
PRISON SENTENCE: 6 Days – 180 Days Harris County Jail
TEXAS DRIVERS LICENSE SUSPENSION: 90 days to 1 Year

Are You Looking for a DWI Lawyer in Houston?

Call Attorney Tad A. Nelson today!

Houston DWI Attorney Tad A NelsonWhether you’re facing criminal charges for a misdemeanor DWI offense or a felony, our office has the skill and experience to help you avoid the suspension of your Texas Driver License, costly Texas Driver License renewal surcharges, jail time, and ultimately a conviction.

Since 1995 our office has provided outstanding DWI & DUI defense services and we’ve developed a reputation as a top Houston DWI law firm. If you need help, we’re here for you.

If you have questions about our ability to be effective for you on your case, contact our office today at 281-502-2122. 100% Free & Confidential case evaluations are available.

Texas DWI Penalties

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