What are the penalties for DWI in Texas?
Penalties for DWI in Texas vary based on number of offenses and type of offense. This table contains general guidelines.
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Penalties for DWI in Texas:
Charge | Offense Level | Fine | Jail Time | License Suspension | Annual Surcharge |
DWI First Offense with BAC < 0.15 |
Class B Misdemeanor | Up to $2,000 | 72 hours to 180 days | 90 to 365 days | $1,000 for 3 years |
DWI First Offense with Open Container Enhancement |
Class B Misdemeanor | Up to $2,000 | 6 to 180 days | 90 to 365 days | $1,000 for 3 years |
DWI First Offense with BAC > 0.15 |
Class A Misdemeanor | Up to $4,000 | 72 hours to 1 year | 90 to 365 days | $2,000 for 3 years |
DWI Second Offense | Class A Misdemeanor | Up to $4,000 | 30 to 365 days | 180 days to 2 years | $1,500 for 3 years |
DWI with Child Passenger under 15 years old |
State Jail Felony | Up to $10,000 | 6 months to 2 years in a State Jail Facility | ||
DWI Third Offense | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in TDCJ | 180 days to 2 years | $1,500 for 3 years |
Intoxication Assault – DWI that Causes Serious Bodily Injury | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in TDCJ | 180 days to 2 years | $1,000 for 3 years |
Intoxication Manslaughter – DWI that Causes Death | 2nd Degree Felony | Up to $10,000 | 2 to 10 years in TDCJ | 180 days to 2 years | $1,000 for 3 years |
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