DWI Punishment & Consequences
Criminal Penalties
Driving While Intoxicated is a class B misdemeanor
with a range of punishment of 3 to 180 days in jail and a fine not to
exceed $2,000. However, Texas law increases punishment for persons with
prior DWI convictions. An individual who pleads guilty or no
contest to DWI may not receive deferred adjudication.
In most circumstances a person convicted of DWI for
the first time will not be required to spend time in jail but will
receive community supervision (probation). The maximum term of
probation is 2 years. As a condition of probation the person will be
ordered to pay a fine, report to a probation officer, perform community
service, abstain from the use of alcohol and attend an alcohol education
course. In addition, a person’s driver’s license may be suspended for
up to 1 year. However, if community supervision is granted and the DWI
education course is ordered you will be able to keep your license.
A person convicted of a second DWI faces a minimum
term of confinement of 30 days with a 180 day maximum plus a fine not to
exceed $4,000. A person convicted of a second offense is eligible for
community supervision (probation), but will be required to serve a
minimum of three days in jail as a condition of community supervision.
Driver’s license suspension is 180 days to 2 years.
A third DWI conviction becomes a felony if, during
the previous ten years, the person has been convicted of DWI. A third
DWI carries a term of confinement of 2 to 10 years in prison. If
community supervision is granted a minimum of 10 days in jail will be
required. The person’s driver’s license will be suspended for up to 2
years.
DPS Administrative Surcharge on Driver's
License
In addition to criminal penalties, a person
convicted of a first DWI will be required to pay a surcharge of $1,000
per year for three years in order to keep his driver's. The annual
surcharge increases to $1,500 per year for a second or subsequent
conviction within a 36 month period. If the person is shown to have had
an alcohol concentration of .16 or greater, the surcharge is $2,000 per
year for three years. Failure to pay the surcharge or enter into an
installment payout agreement will result in suspension of the license
until all payments are made.
Administrative License Revocation (ALR)
WARNING!
You have only 15 days from the date of arrest to request a hearing to
save your driver's license. If you failed or refused to take a breath
or blood test you driver’s license is subject to automatic suspension.
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