Texas DWI Offenses
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- 709 N San Jacinto St Conroe, Texas 77301
- 936-225-5043
Montgomery County DWI Attorneys
DWI Cases in Texas
A DWI case can range from:
- a first offense DWI
- Repeat DWI charges, misdemeanor or felony
- DWI with Child under 15 years of age
- Intoxication Assault and Intoxication Manslaughter
Your DWI arrest will result in the possibility of two separate cases against you:
- Your criminal case to be decided before the court, and
- The administrative license revocation (ALR) hearing to determine whether your driver’s license will be suspended.
After your arrest, you will be given notice that you have 15 days to request a hearing to challenge the automatic suspension of your license. If you fail to make this request, your driver’s license most likely will be suspended. Our firm has handled many ALR hearings and would represent you at the hearing.
DWI Penalties
For a first offense DWI, not involving a child, you can face up to 180 days in jail and minimum of 3 days in jail and $2,000 fine. If your breath or blood alcohol level is .15 or higher you can face up to 1 year in jail and a $4,000 fine. You can also face a driver license suspension for up to one year.
Second, third, and subsequent offenses will result in harsher penalties. A person arrested for DWI who has two prior DWI convictions can be charged with a third degree felony that carries a range of punishment of two to 10 years in prison and a $10,000 fine. Aggravated circumstances, such as driving with a child in the car, or having a higher BAC will also result in increased penalties. Additional consequences of a DWI conviction can include increases in your auto insurance and the negative aspect of having a permanent criminal record. Further, intoxication assault and intoxication manslaughter charges are extremely serious felonies.
DWI
A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Intoxicated means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body or having an alcohol concentration of .08 or more.
Your DWI arrest will result in the possibility of two separate cases against you:
- your criminal case to be decided before the court, and
- the administrative license revocation (ALR) hearing to determine whether your driver’s license will be suspended.
After your arrest, you will be given notice that you have 15 days to request a hearing to challenge the automatic suspension of your license. If you fail to make this request, your driver’s license most likely will be suspended. Our firm has handled many ALR hearings and would represent you at the hearing.
For a first offense DWI, you can face up to 180 days in jail and minimum of 3 days in jail and $2,000 fine. If your breath or blood alcohol level is .15 or higher you can face up to 1 year in jail and a $4,000 fine. You can also face a driver license suspension for up to one year.
A DWI conviction can also cause an additional state traffic fine ranging from $3,000 to $6,000 depending on whether you have a previous DWI conviction and your alcohol concentration level.
DUI
Only a person who is under the age of 21 can be charged with Driving Under the Influence. A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system. Driving Under the Influence is a Class C misdemeanor and is punishable by a $500 fine.
If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:
- a fine of not less than $500 or more than $2,000;
- confinement in jail for a term not to exceed 180 days; or
- both the fine and confinement.
DWI 2nd
A person arrested for DWI who has one prior DWI convictions can be charged with a class A misdemeanor that carries a range of punishment of up to 1 year in the county jail and a $4,000 fine.
The minimum jail time for a DWI 2nd also increases from 3 days to 30 days.
A conviction for DWI 2nd can result in a driver’s license suspension ranging from 180 days up to 2 years. If the 2nd DWI offense occurred within 5 years of the 1st DWI then the minimum driver’s license suspension is 1 year and can last up to 2 years.
A DWI conviction can also cause an additional state traffic fine ranging from $3,000 to $6,000 depending on whether you have a previous DWI conviction and your alcohol concentration level.
DWI 3rd or More
A person arrested for DWI who has two prior DWI convictions can be charged with a third degree felony that carries a range of punishment of two to 10 years in prison and a $10,000 fine.
If a person is convicted of DWI 3rd or more and placed on probation, that probation can last for a minimum of two years and maximum of 10 years. A person is required to serve 10 days in jail as part of the probation.
DWI with Child Passenger
A person commits Driving While Intoxicated with Child Passenger is the person is intoxicated while operating a motor vehicle in a public place and the vehicle being operated by the person is occupied by a passenger who is younger than 15 years old.
Driving While Intoxicated with Child Passenger is a state jail felony is punishable from a minimum of 6 months up to a maximum of 2 years in state jail prison and a $10,000 fine.
Intoxication Manslaughter
A person commits an offense if the person operates a motor vehicle in a public place, is intoxicated, and by reason of that intoxication causes the death of another by accident or mistake. Intoxication Manslaughter is a second degree felony and is punishable from a minimum of 2 years up to a maximum of 20 years and a $10,000 fine. It can be charged as a first degree felony if certain circumstances are met.
Public Intoxication
A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. Public intoxication is a class C misdemeanor and is punishable by a $500 fine.