Navigating the laws of DWI and the penalties of those laws can be unclear. Although cases are treated with each situation in mind, here are what the potential sentences generally look like for a first, second, and third DWI explained by SMB Criminal Defense Lawyer, Amanda Bolin.
Your first DWI is classified as a Class B misdemeanor, punishable up to six months in county jail and a $2,000 fine. The caveat to this charge would be if you have an open container or have a blood alcohol content of .15, in which you’d be bumped up to a Class A misdemeanor. That charge could land you up to a year in county jail and up to a $4,000 fine.
If you have a prior DWI conviction and have a second offense, that’s a Class A misdemeanor with the same penalties listed above. Upon your third DWI conviction, you will be slapped with a felony charge in Texas. The penalties are steep – up to ten years in prison and up to a $10,000 fine.
Another offense that falls within DWI penalties is DWI with a child passenger. If a person is driving while intoxicated with a child in the vehicle (a child is considered someone who is under 15 years of age) punishment is an automatic state jail felony even if there are no prior convictions. Jail time can range from six months to two years.
If you or someone you know is being faced with DWI, let our experienced defense team review your case. Call us at 832-900-7727.
Video Transcript:
Interviewer: “When you talk about a felony, what would be a felony DWI? What are you talking about there? I’m assuming you’re saying a felony DWI would be different than a regular DWI.”
Amanda Bolin: “Right, so… It’s probably easier to start at the bottom, ok? So, your first DWI, is going to be a Class B misdemeanor. So that’s punishable by up to 6 months in county jail, $2,000 fine.”
Interviewer: “Ok.”
Amanda Bolin: “Unless you have either an open container or you are over a .15, then that’s going to bump you up to a Class A misdemeanor even if it’s your first one. Ok? That’s up to a year in county jail, up to a $4,000 fine.”
Interviewer: “Ok.”
Amanda Bolin: “If you have a conviction already for DWI and you pick up your second DWI, that’s also a Class A misdemeanor. When you get to your third DWI, that is now a felony.”
Interviewer: “Ok.”
Amanda Bolin: “A third degree felony. Up to 10 years in prison, $10,000 fine. Then there’s kind of one in between. If you’re DWI and have a child passenger in the car. So a child being somebody under the age of 15. Then that is a state jail felony. Automatically. First time. Ok? So if you’ve got your toddler in the back seat or you have your 10 year old in the back seat and you’re arrested for DWI, that is now state jail felony. You’re looking at a felony conviction and incarceration from 6 months to 2 years. So the ones we see most often I’d say are the third… Well, we see probably both: with a child and your third, fourth, fifth, sixth, seventh… you know, however high you go, third degree felony.”
Disclaimer
*This blog post “What are the Penalties for DWI Charges in Texas?” is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.