In the state of Texas, DWI offenses are taken very seriously, and even if you are a first-time offender, the financial penalties can be extremely severe. This type of crime is considered to be perhaps the most commonly committed one in the entire United States; however, oftentimes, they are committed by average citizens. It’s important to keep in mind, however, that even if this is your first offense, you will be both treated and prosecuted as though you are a criminal.
Under Texas state law, first-offense DWIs are officially classified as Class B misdemeanors, meaning that a conviction can result in a fine of up to $2,000 and a jail sentence of up to 180 days. This is the minimum charge that can be leveled against you, as the laws involving DWI is something that can become increasingly complicated rather quickly, meaning that you will need to come to a better understanding of the details involving your specific case. For example, what can end up complicating your situation involving your first DWI is being involved with any of the following situations:
*DWI of 0.15 and higher, which can upgrade your charge to a Class A misdemeanor and result in a fine of up to $4,000 and a jail sentence of up to one year. Furthermore, you may also have to submit to having an Ignition Interlock Device installed in your vehicle, which is essentially a breathalyzer device that can prevent your vehicle from starting in the event that you are intoxicated.
*DWI with a passenger who is under the age of 15, which can automatically upgrade your charge to a felony and result in a fine of up to $10,000 and a state jail sentence of between 180 days and 2 years.
*Intoxication assault, which can upgrade your charge to a third-degree felony in the event that you injure someone else while you are intoxicated. This can result in a fine of up to $10,000 and a state jail sentence of between 2 and 10 years.
*Intoxication manslaughter, which can upgrade your charge to a second-degree felony in the event that someone is killed as a result of you being intoxicated while driving. This can result in a fine of no more than $10,000 and a state prison sentence of between 2 and 20 years.
In the event that you are convicted of a first-offense DWI, you will likely be sentenced to three days in a county jail unless you are granted probation. Another possibility is community supervision, which means that the judge will sentence you to serve a form of community service. Furthermore, depending on the ruling from the judge, you may also be required to submit to additional conditions, such as the following:
*Attending a state-approved rehab facility
*Attending a 12-hour DWI class
Furthermore, it’s also important to note that if you are convicted of a first-offense DWI in Texas, there is the chance that your driver’s license can be suspended. Additionally, your license can also be suspended if you are NOT convicted – more specifically, up to 180 days if you refuse to take either a breath or blood test, as well as for up to 90 days if the results of either test are above 0.08. This is due to the state’s implied consent laws, which state that due to driving on roads, you automatically consent to taking sobriety tests. By refusing to take them, your license will automatically be suspended.
Approximately 40 days after you have received your license suspension notice, you will have 15 days to request a hearing, as well as pay a $125 reinstatement fee in order to either renew or reissue your license.
There is also a surcharge from the Texas Department of Transportation involving DWI as well, meaning that if you are convicted of a first-offense DWI, you will be required to pay an annual $1,000 fee for a period of three years.
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