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Multiple DWI offenses

There are set penalties an individual will receive for driving under the influence in Texas. Certain factors cause penalties to increase, such as multiple DWI offenses, the presence of minors, or accidents that resulted in the injury or death of another person. In addition to legal penalties, many individuals convicted of DWI face problems outside of the courtroom, including social ostracism, job loss, limited future opportunities, strained personal relationships, community service requirements, damaged reputations, and loss of community. One may also face increased insurance costs.

The following is a list of legal penalties for committing DWI in Texas:

First Texas DWI Offense:

Texas Criminal Status: Class B Misdemeanor 

Jail: Minimum 72 hours, or 6 days if open container is present. 

Texas DWI Fines/Costs: Fine not to exceed $2,000. Other administrative and evaluation fees may be assessed. Texas imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16). Texas License Suspension: Yes, 1 year. Attending DWI Education class may avoid this. Occupational license may be granted based on need. 

Texas Conditional License: A conditional, or occupational license, may be issued based on "essential need" and usually only when the court orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241. 

Vehicle Impound: None 

Texas DWI School: First time offenders must complete a 12 hour DWI Education Program within 180 days of when probation was granted or risk having their license revoked. 

Texas Probation: Terms of probation decided by judge or jury. 

Texas Community Service: 24 hours required, but no more than 100 hours.

Second Texas DWI Offense Plus:

Texas Criminal Status: Class A Misdemeanor. A 3rd DWI is a 3rd degree felony. 

Jail: 72 hours, not more than 1 year. A 3rd DWI can mean 2-10 years in the penitentiary. 

Texas DWI Fines/Costs: Fines not to exceed $4,000. Other administrative and evaluation fees may be assessed. Texas imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16). 

Texas License Suspension: Yes, 180 days to 2 years. Occupational license may be granted based upon need. 

Vehicle Impound: None. 

Texas DWI School: Repeat offenders must complete a 32 hour DWI Repeat Offender Program. 

Texas Probation: Terms of probation decided by judge or jury. 

Texas Community Service: Minimum 80 hours, but no more than 200 hours.

DWI and Driving with Minor: It is a felony to drive while intoxicated with a minor younger than 15 years of age in the vehicle.  This offense carries with it a mandatory blood test. You will be forced to submit to having your blood drawn.

Commercial Vehicle: Over .04 BAC level may suspend a commercial driver’s license for one year and up to 3 years if the driver was carrying hazardous materials. 

Under Age: 21 

Texas Open Container Laws: Yes, driver and passenger. This is a Class C Misdemeanor. 

Driver Responsibility Tax: Texas imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense, $1,500 per year for three years for a second DWI offense and $2,000 for a first or subsequent conviction if the person’s BAC level was double or more the legal limit (.16). 

Ignition interlock device program: Required in order to be released from jail on bond. Required for all second-offenders during probation.

Dallas DWI Defense: The Charles Johnson Law Firm

In addition to these penalties, DWI convictions leave a mark on your criminal record for life. If you have been charged with DWI, it’s vital to retain the services of an experienced Dallas DWI lawyer. We can negotiate with judges and prosecutors to get your charges and penalties reduced or dropped. Furthermore more, we provide all of our clients with viable options, multiple resources, aggressive representation, and compassionate care.

*** These penalties are subject to change based on the circumstances surrounding each case. It is also best to consult an attorney to discuss your options and the details surrounding your particular case.

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Call us at 214-234-0111 or toll free at 877-308-0100.
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