Classifications & Range of Punishment for DWI Conviction
DWI, 1st Offense: Class B Misdemeanor.
- Fine: A fine not to exceed $2,000.00.
- Jail: Confinement in the County Jail for a term
of not less than 72 hours nor more than six (6)
months.
- Open Container: If there was an open container
of alcohol in your car when arrested, the minimum
term of confinement is six (6) days in the county
jail.
- Community Service: Texas law mandates that a
judge order not less than 24 hours nor more than 100
hours.
Absent unusual facts, most persons convicted of a
first offense DWI are granted community supervision
(probation). The general length of DWI probation is
two years. There are also conditions of community
supervision ordered that are fairly standard in most
courts. Typical conditions imposed are: Drug/Alcohol
Evaluation, Alcohol Education, and attendance at a
MADD Victim Impact Panel.
Additional Conditions of Probation that may be
Ordered:
If your case presents unusual facts (such as an
accident, a demonstrable alcohol problem, prior
alcohol contacts, bad driving record etc.), the court
has discretion to order additional conditions, such as
an
Ignition Interlock Device.
Enhanced Penalties:
(Prior alcohol or drug related
criminal history)
Under Texas law, if it is shown that a person has
been previously convicted of DWI, the punishment and
penalties after conviction are increased or enhanced.
The prior DWI arrest must have occurred within ten
(10) years of the present arrest for DWI.
DWI, Second Offense: Class A Misdemeanor.
Special Condition for Jail Release on Bond: It is important to
note that if arrested and accused of a DWI Second or
greater offense, Texas law now requires the Court to
Order as a CONDITION OF RELEASE FROM JAIL ON BOND,
that the person install and maintain an ignition
interlock device on the car that the person intends to
drive and operate while charges are pending.
Punishment also includes a fine, jail time,
community service, and possibly other terms, depending
upon the facts of the case.
Third and subsequent offenses are considered
felonies, with prison exposure of ten (10) years in
addition to other consequences.
 DWI and the Administrative License Suspension |
