Charged with a DWI in Travis County or Williamson County? Gabriella Young is an experienced local DWI lawyer.
Not all DWI’s are created equal. Even for first-time offenses, the punishments for driving while intoxicated vary greatly depending on multiple factors. Some of the factors that affect the punishment for driving under the influence are:
- Whether anyone was injured/killed
- Whether there were passengers
- Whether the driver had a BAC of 0.08 or more
- Age of offender (over or under the legal drinking age of 21)
First-time DUI or DWI Offense
A first-time DUI or DWI offense is classified as a Class B Misdemeanor, but will still bring around some severe penalties. The penalty varies depending on the Blood Alcohol Content (BAC) of the driver. Except for minors, generally the punishments differ under 0.08, between 0.08 and 0.15, and over 0.15.
For a first-time DUI or DWI with a BAC under .15, the punishment can include many or all of the following:
- A fine not to exceed $2,000
- A jail sentence of not to exceed 180 days
- Driver’s license suspension not to exceed one year
- But a BAC over .15, the punishments are more severe:
- A fine not to exceed $4,000
- A jail sentence not to exceed one year
However, it is fairly common to receive probation instead of a full jail sentence for a first-time offense if nobody was injured. Some requirements of probation include:
- Reporting regularly to a probation officer
- Not committing any crimes during probation
- Performing a court-determined amount of community service
- Attending DWI and alcohol education classes
- Not consuming alcohol to any extend during term of probation
- Pay all required fines, probation supervisory fees, and court costs
- Installing an ignition interlock device (IID) in your vehicle which uses a breathalyzer to determined whether your car will start
- Any other requirement the court sets for your crime
Often, First-time offenders with a BAC below 0.15 can apply for a “non-disclosure” two years after the end of their probation term. Non-disclosures takes past crimes off the public record by prohibiting legal entities from disclosing certain criminal records.
Second DUI or DWI Offense
The second offense is considered a Class A Misdemeanor, and as such arrives heavier consequences. Additional penalties include:
- Maximum fine to no more $4,000
- And/or a jail sentence for 30-365 days
- Possible driver’s suspension from 180 days to 2 years
The punishments are similar to those of a first offense, but increased in cost and length of time. This list does not include additional penalties that can be added on a case-by-case basis that will be explained later in the article.
Third DUI or DWI Offense
A third DUI or DWI offense is considered a 3rd degree felony. Having a felony on your record disqualifies you from voting or owning a firearm. Ability to travel overseas, adopt children, move homes, and work in certain career fields may also be affected. Felonies often require longer stints in federal prison and higher fines.
There is no criminal penalty “lookback period” in Texas—meaning any prior DUI or BUI (boating under the influence) conviction, no matter how old, will count in determining what’s a third offense.
- Fine of up to $10,000 and/or
- 2 to 20 years in prison
Keep in consideration that many other fees, like from the court, the DPS, your lawyer, and more (on top of others penalty assessments) will greatly increase how much you have to pay.
Additional Related Charges That Affect Punishment
Open Container Law:
Texas has an Open Container Law, which means it’s illegal to have an open container of alcohol in the vehicle while driving. When connected to a DWI, an open container increases minimum jail time to 6 days in jail
Intoxication Assault:
Intoxication Assault occurs when someone receives grievous bodily injury attributed to the intoxication of another individual. When attached a DWI, the penalties become more severe. You may be fined up to $10,000 (a 3rd-degree felony) if the vehicle was used in such a way that it could be considered a ‘deadly weapon’.
Intoxication Manslaughter:
Intoxication Manslaughter describes an accident that results in the death of at least one individual and is largely due to another’s intoxicated state. Intoxication Manslaughter is a 2nd degree felony and can rest in a prison sentence 2 to 20 years.
DWI with a Child Passenger
The presence of a person under 15 years of age in the vehicle is a state jail felony. Texas is one of 42 state that have additional separate penalties for driving under the influence with a child passenger. Even a first-time DUI or DWI offense becomes a felony when there is a child passenger, irrespective of whether the child was injured.
Additional penalties for driving intoxicated with a child passenger in Texas include:
- Between 180 days and 2 years felony sentence
- Automatic suspension of driver’s license of up to 180 days
- Up to $10,000 in fines
- An additional yearly surcharge of $1,000 to $2,000 to retain your driver’s license for three years
Thank you for reading the legal news blog of The Law Office of Gabriella Young. We are an Austin, Travis County, and Williamson County criminal defense law firm and our jail release assistance is available 24/7. We are dedicated to our clients and their futures, and will handle your case with compassion and dedication!
Featured photo credit: Orkhan Farmanli