What Are the Penalties for a DWI in Texas?

If you are facing a DWI charge in Texas, the penalties may vary based on the circumstances of your case. In general, though, DWI charges carry fairly serious penalties in Texas, even for first-time offenders. A DWI defense attorney in San Antonio can help.

What Are the Penalties for a DWI in Texas? A DWI Defense Attorney in San Antonio Explains

First Offense DWI Penalties

Lower Blood Alcohol Concentration

Most first-time DWI offenders are charged with a Class B misdemeanor if their blood alcohol concentration is below 0.15%. Several potential penalties come along with a Class B misdemeanor, such as a maximum fine of $2,000, up to 180 days in county jail, a driving license being suspended for one year or less, community service, and a mandatory alcohol education class.

Higher Blood Alcohol Concentration

If a first-time DWI offender has a blood alcohol concentration of 0.15% or higher, then they will be charged with a Class A misdemeanor. The penalties for a Class A misdemeanor are much more severe. They can include a fine of up to $4,000, a maximum of a year in county jail, a mandatory license suspension of up to two years., community service, and required enrollment in an alcohol treatment program.

DWI with a Child Passenger

If you are caught driving while intoxicated and a child under the age of 15 is riding in the vehicle with you, the charge is much more serious. Texas considers this offense to be a state jail felony. Penalties include a maximum fine of $10,000, up to two years in a state prison, a 180-day license suspension, and community service. The intention behind these severe penalties are to protect young children who are put at risk by an intoxicated driver.

Second Offense DWI Penalties

A second DWI offense in Texas carries much stiffer penalties than a first defense. A second conviction is considered a Class A misdemeanor. Penalties include a fine of up to $4,000, maximum of a year in county jail, a two-year suspension of your driver’s license, community service, and completion of an alcohol treatment program.

Third Offense DWI Penalties

In Texas, a third DWI offense is considered a 3rd degree felony. Being convicted of a third DWI means much more severe penalties. Penalties may include a fine of up to $10,000, two to 10 years in state prison, a maximum of two years’ suspension of your license, community service, and mandatory alcohol education classes.

Enhanced DWI Penalties for Aggravating Factors

Involvement in an Accident

If your DWI leads to an accident, you will be given harsher penalties, especially the accident causes an injury or death. You will not only face criminal charges for the DWI but could also face charges for reckless driving, assault, or even manslaughter.

Prior Convictions

Having a prior DWI conviction means harsher penalties for any later DWI offenses. This is why a second or third DWI carries such severe penalties.

Refusing to Take a BAC Test

If an officer requests that you take a BAC test, and you refuse, your license may be suspended for up to 180 days. Simply refusing the test can mean penalties even if your BAC isn’t over the legal limit. If you refuse again during later offenses, it may result in a license suspension of up to two years.

Consequences

Impact on Driver’s License

The most significant consequence of a DWI conviction is the impact on your driver’s license. It can mean a suspension of your license or even your license being revoked. The suspension could be from 90 days to as long as two years.

If your license is suspended, you may have the option to get an Occupational Driver’s License (ODL). You must demonstrate to the court that you have a compelling need for an ODL license to function in daily life, and an ODL only permits you to drive to and from school, work, and other essential activities.

Job Implications

A DWI conviction may have a negative effect on your job. If your job involves any driving or operating heavy machinery, you may be restricted by your employer from performing those duties. A conviction could potentially affect future employment opportunities, as it is a red flag to some employers indicating that you will not be a reliable hire.

Insurance Costs

A DWI conviction nearly always means that your auto insurance costs go up. You might also be required to carry high-risk auto insurance, which has significantly higher premiums.

Permanent Criminal Record

If you receive a conviction for a felony DWI, it can mean a permanent criminal record. Having a permanent criminal record could affect your life in many ways, from renting an apartment to travelling internationally to getting licensed or certified in certain fields.

Why Does Texas Have Such Severe DWI Penalties?

Public Safety Concerns and Public Pressure

The intention of the Texas law is to exact harsh penalties to deter people from driving while they are intoxicated. The severity is intended to prevent repeat offenders and deter people from driving under the influence. There’s also a great deal of public pressure in Texas for even harsher DWI penalties. High-profile accidents or tragic events often lead to a push by families and communities affected by those accidents for stronger laws.

High Rates of Alcohol-Related Accidents

The denser population in Texas means a higher number of car accidents than in most other states. State statistics show that alcohol is related to a massive portion of the total number of traffic accidents. In the year 2020, almost 1/4 of all traffic-related deaths in Texas were related to alcohol. Texas is attempting to combat this issue by implementing some of the harshest DWI laws in the country.

Tough on Repeat Offenders

Texas courts take the view that if there is a cycle of habitual drunk driving, it needs to be broken with harsher penalties. This is part of the reason why there are such severe consequences for those who have been convicted of DWI multiple times. Another goal of the harsh penalties is to take drivers off the roads if they are dangerous to themselves and others.

Strong Cultural Value of Responsibility

Texas culture has a strong emphasis on the protection of others and on personal responsibility. Public safety receives top priority in the state’s legal system. It’s commonly believed that individuals who drive while intoxicated put not only themselves at risk but also innocent people. The DWI laws in Texas reflect the state’s commitment to protecting its people.

Zero Tolerance for Driving Under the Influence

Texas has a “zero tolerance” policy toward driving while intoxicated. The state takes all DWI offenses seriously, regardless of a driver’s BAC level or prior criminal history. The intention is to remove impaired people from the road before they can hurt anyone.

If you are facing a DWI charge, and are in need of legal advice or help, get in touch with the HGC Law Firm, PLLC, in San Antonio, TX. Our team of lawyers is ready to discuss your case, advise you about your options, and help you protect your rights under the law.