First offense DWI in Texas When it comes to a first offense DWI in the state of Texas, the state takes these offenses extremely seriously, with the financial penalties being very severe even for first-time offenders. DWIs are considered to be perhaps the most commonly committed crimes in the United States; however, the majority of the time, they are committed by more average citizens. If you are charged with a DWI, you will be treated and prosecuted like a criminal, even if it’s your first offense.
A first offense DWI is classified as a Class B misdemeanor, meaning that in the event you are convicted, you will more than likely be given a fine of up to $2,000 and a county jail sentence of up to 180 days. Keep in mind, however, that this is only the minimum charge that you can face. In fact, the offense can be escalated if any of the following factors are involved:
*A DWI of .15 or higher, which can result in the charge being upgraded to a Class A misdemeanor. This can lead to a fine of up to $4,000, a county jail sentence of up to one year, and the installation of an ignition interlock device.
*A DWI with a passenger under the age of 15, which can result in the charge being upgraded to a felony. This can lead to a fine of up to $10,000 and a state jail sentence of between 180 days and 2 years.
*Intoxication assault, meaning that you have seriously injured another person while intoxicated. This can result in the charge being upgraded to a third-degree felony and a fine of up to $10,000 and a state jail sentence of between 2 and 10 years.
*Intoxication manslaughter, which can result in the charge being upgraded to a second-degree felony. This can lead to a fine of no more than $10,000 and a state prison sentence of between 2 and 20 years.
In terms of sentencing, if you are convicted, you could be sentenced to three days in a county jail unless you are granted probation. Another possibility is community supervision, meaning you will have to serve some type of community service. Furthermore, depending on what the judge rules, you may be required to undergo additional conditions, such as the following:
*Attending a state-approved rehabilitation facility
*Attending a DWI course
First offense DWI in Texas Civil consequences can include driver’s license suspension, which can happen even without a conviction. The suspension can last up to 180 days if you don’t submit to a breath or blood test, or for up to 90 days if the results are above .08, due to implied consent laws in Texas. These state that by driving, you automatically consent to all sobriety tests. By refusing the tests, your license will automatically be suspended. ALR, or Administrative License Revocation, will begin 40 days after you have received a Notice of Suspension. You will then have 15 days to request a hearing. You also must pay a $125 reinstatement fee to have your license reissued or renewed. There is also the DWI surcharge from the Texas Department of Transportation, which is an annual fee of $1,000 for three years if you are convicted of a first offense DWI.