Although charges for DWI often come with steep fines and lengthy jail sentences, DWI penalties in Texas reach a lot farther than just fines and jail time. A conviction for DWI can impact every aspect of your life for years to come, carrying insidious hidden consequences that leave an essentially permanent mark.
But a charge is not a conviction. If you have been charged with DWI in Texas, you still have time to fight. In this article, we will discuss DWI penalties in Texas, breaking them down by the type of offense and factors that will influence the severity of your charge.
Continue reading to learn more about what you may be up against, or call Thiessen Law Firm today at (713) 864-9000 for winning representation.
What is a DWI in Texas?
DWI charges in Texas look deceptively simple in the statutory language. According to Texas Penal Code § 49.04, a person commits a DWI offense if they are:
- Operating a motor vehicle; and
- In a public place;
- Without the normal use of their physical or mental faculties (by reason of intoxication)
Although the statutory language on DWI is short, there are pages upon pages of amendments to the definition above, and enhancements which can make the charges and penalties more severe.
What are the penalties for the various offenses for DWI?
It’s true: Texas DWI penalties get harsher depending on whether it’s your first, second, or third offense. Whether it’s your first offense or your third, you need to stop what you’re doing and contact an experienced and aggressive Board Certified DWI lawyer right now. The sooner your attorney can start prepping for your case, the better results they’ll be able to deliver.
As we mentioned, DWI penalties go much deeper than just court fees and jail time. If you’re convicted, chances are the DWI in Texas fines will be the least of your troubles.
Punishment for a DUI in Texas: DWI vs DUI
Driving Under the Influence (DUI) is a charge that is primarily reserved for minors in Texas. Because Texas has a zero-tolerance policy on underage drinking, minors arrested with any detectable amount of alcohol in their system can be charged with DUI. The penalties are as follows.
| Offense | Maximum Fines | Community Service | License Suspension | Jail Time |
| DUIA by a Minor | $500 | 20 – 40 hours | Up to 180 days | N/A |
| DWI by a Minor (17–21) | $2,000 | N/A | Up to 1 year | 3 – 180 days |
An important thing to note is that just because you’re a minor, it doesn’t mean that you’ll automatically be facing the lesser penalties of a DUI. While DUI charges are for minors with any detectable amount of alcohol in their system, minors who are caught driving over the legal limit in Texas can still be charged with more severe DWI charges.
What is the typical punishment for a first DWI in Texas?
While a first-offense DWI carries the least severe penalties of the bunch, they can still be incredibly harsh — not to mention, your first time doesn’t ensure that they’ll go easy on you.
For instance, if your BAC is almost twice the legal limit for alcohol, your charge will be upgraded to a Class A misdemeanor, and you will face even more severe penalties.
| Offense | Charge | Maximum fine | Maximum license suspension | Maximum license renewal fee | Maximum jail time |
| First offense DWI | Class B Misdemeanor | $2,000 | 2 years | $2,000 for three years | 180 days |
| First offense DWI with BAC greater than .15% | Class A Misdemeanor | $4,000 | 2 years | $2,000 for three years | 1 year |
Penalties for a DWI in Texas second offense
When facing a DWI second offense in Texas, you should be aware that the stakes are a lot higher than they were the first time.
| Offense | Charge | Maximum fine | Maximum license suspension | Maximum license renewal fee | Maximum jail time |
| Second offense DWI | Class A Misdemeanor | $4,000 | 2 years | $2,000 for three years | 2 years |
Additionally, second offenses are not eligible for deferred adjudication, meaning if you are convicted for a second DWI, it will follow you around forever.
Penalties for a third or fourth DWI in Texas
All subsequent DWI convictions will be treated with similar severity. The main difference between facing a DWI in Texas second offense and a third or fourth offense is that convictions for third and fourth DWI offenses almost always end in prison time.
| Offense | Charge | Maximum fine | Maximum license suspension | Maximum license renewal fee | Maximum jail time |
| Third or fourth offense DWI | Third-degree felony | $2,000 | 2 years | $2,000 for three years | 10 years |
Penalties for other DWI offenses
Keep in mind, if someone is hurt or killed as a result of your drinking and driving, or if you are arrested with a child in the car, then these fines and penalties will be considerably harsher.
| Offense | Charge | Maximum fine | Maximum jail time |
| DWI with child passenger | State jail felony | $10,000 | 2 years |
| Intoxication assault | Third-degree felony | $10,000 | 10 years |
| Intoxication manslaughter | Second-degree felony | $10,000 | 20 years |
In this case, you’ll need to consult with a Houston intoxication manslaughter lawyer — and there aren’t many of those. Mark Thiessen has actually tried and won intoxication manslaughter cases. If you’re looking at a case you can’t afford to lose, and your life’s on the line, you need to call Mark Thiessen of the Thiessen Law Firm today for a trial-tested defense.
There are hidden DWI penalties in Texas
Aside from the initial fines and possible jail time associated with a DWI case, there are a slew of other hidden Texas DWI penalties you’ll need to worry about. These “hidden costs” won’t necessarily show up as a bill in your mail, but they can show up as missed opportunities, income, and more.
1. License suspension
As we mentioned previously, your license will be suspended for a certain amount of time. Once your suspension is up, then you’ll need to have the necessary funds to renew it. If you don’t have those funds right away, then you’ll be stuck Ubering or riding the bus for even longer.
Not being allowed to drive might not seem like a huge issue at first — but if you think that, you might want to bite your tongue. Not having a reliable form of transportation can keep you from jobs, family, friends, vacations, and more.
Important to note: you only have 15 days after your arrest to have your DWI lawyer challenge your Texas driver’s license suspension. If your DWI attorney has not done this, the court will take your license away, whether you are convicted or not.
2. Family and custody problems
If you’ve been through a child custody battle or plan on going through one in the future, things will definitely be more difficult for you with a DWI under your belt. Even with an experienced child custody lawyer at your side, you will have an uphill battle. The other parent can use a DWI against you, and judges frequently side with that parent.
Continue reading about DWI and child custody
3. Second amendment rights
In Texas, people love their guns. If you’ve been convicted of DWI, however, that love will typically go unrequited. Depending on how you’re charged, you may not be able to buy a gun with a DWI on your record or obtain a CHL. There are a lot of stipulations involved, as well — including an extensive waiting period.
4. Getting a job with a DWI
As many are well aware, it’s very difficult to get and keep a job if you have a stain on your record (especially for something as serious as a DWI). So, if you’re wondering, “How long does a DWI stay on your record in Texas?” — unfortunately, the answer could be “forever.” With the help of a DWI lawyer, however, you may be able to avoid this fate. Make sure to read up on DWI expungement and deferred adjudication.
Continue reading: How long does a DWI stay on your record in Texas?
Avoid Texas DWI penalties by hiring an experienced DWI attorney from Thiessen Law Firm
Although DWI penalties in Texas are incredibly steep, and facing them can feel like an insurmountable challenge, there are plenty of things you can still do to fight back. The first and most important thing you can do to protect yourself from steep DWI punishments is to hire a skilled and successful Houston DWI attorney.
From issues with BAC testing to problematic traffic stops to interesting facts buried within a written report, an experienced DWI lawyer can leverage many different angles to have your charges dismissed or reduced.
Investing in a good lawyer now can save you from years or possible decades of Texas DWI penalties, including fines and hidden costs. Mark Thiessen has secured 1000s of dismissals for his clients and won over 100 Not Guilty verdicts.
Don’t wait. Call Mark Thiessen at Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to protect your future.
More Helpful Articles by Thiessen Law Firm:
- Refusing a Breathalyzer in Texas: Why “Do Not Blow” is Bad Advice
- When Can Police Search Your Car in Texas?
- What Happens After Being Arrested for a DWI
- What Not To Do After a DWI Arrest
- Can a Breathalyzer Test Be Wrong?
