DWI
Under Texas law, a person commits driving while intoxicated (DWI) offense when the person is intoxicated while operating a motor vehicle in a public place.
A person is legally intoxicated and may be charged with Driving While Intoxicated (DWI) with a .08 Blood Alcohol Content (BAC). A person may also be “intoxicated” if impaired due to drugs or both alcohol and drugs, regardless of BAC.
Texas DWI laws usually change in some moderate way every legislative session; however, 2019 saw some major changes in DWI penalties and collateral consequences, including increased fines, no more surcharges, and deferred probation eligibility in some cases. The following is a brief overview of the Texas DWI penalties as of September 1, 2019
Penalties
First-time DWI offenders
Individuals arrested with less than .15 BAC (Blood Alcohol Concentration) will be charged with a class B misdemeanor which carries a fine of up to $2,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspension of 90 to 365 days. Although Governor Abbot abolished the surcharge system, a mandatory fine of $3,000.00 is also included for a first DWI conviction; however, this fine is not applicable to individuals that accept and successfully complete deferred adjudication or community supervision (probation).
Second offense DWI
The maximum fine increases to no more than $4,000.00 and/or a jail sentence from 30 days to one year, and a possible driver’s license suspension ranging from 180 days to 2 years (Class A Misdemeanor). The mandatory fine for a second offense is $4,500.00, which again, is inapplicable if the defendant successfully completes probation.
Third or more DWI
The individual will be charged with a 3rd-degree felony punishable by a fine up to $10,000.00 and/or 2 to 10 years of imprisonment and a driver’s license suspension ranging from 180 days up to 2 years. Although subsequent (4th, 5th, and so on) DWIs will also be charged as 3rd-degree felonies, they will often be enhanced by the District Attorney’s office to significantly increase the range of imprisonment. It is not uncommon to see the habitual offender enhancement range of punishment of 25 minimum to 99 years for a 5th DWI.
DWI with a child passenger
If a passenger in the vehicle is under 15 years of age, the 1st and 2nd DWI will be charged as a state jail felony. This type of offense is punishable by confinement in State jail for any term of not more than two years or less than 180 days and a fine not to exceed $10,000.00. In addition to the driver’s license suspension ranges listed above.
Intoxication assault
If an accident occurred as a result of the DWI and a serious bodily injury resulted, the penalty will begin at the 3rd-degree felony range listed above.
Intoxication manslaughter
A DWI where a death occurred and intoxication was the proximate cause of the death will be charged as a 2nd-degree felony. Upon conviction, the defendant can be sentenced to pay a maximum fine of $10,000.00 and/or be imprisoned from two to 20 years.
Collateral Consequences
Apart from penalties, fines, and license suspensions listed above, there are also many collateral consequences to a DWI conviction. This may include the loss of your job, suspension of professional licenses, the right to own or possess a firearm, and several more.
DWI law is always changing, carries various collateral consequences, and can be very difficult when analyzing the science behind breathalyzers and blood tests. It is important to have an experienced attorney evaluate your case to determine the best course of action given the complexities of even the simplest DWI case.
