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What Will I Face if I am Convicted of DWI?
The ramifications of this type of conviction are costly and long lasting. When considering to plea or to go to trial, you need to know what you face. The following are the ranges of punishment you would face:
First DWI - Class B Misdemeanor
Range of Punishment
Jail: Confinement in the county jail for not less then 72 hours and not more then 180 days.
Fine: A fine not to exceed $2,000.
If you had an open container of alcohol in your possession when you were arrested, the minimum term of confinement is six (6) days in the county jail.
Absent dangerous facts, most people convicted of their first DWI will have their jail sentence probated, and be placed on probation. Probation can go up to 24 months, and many Texas counties offer probation for 24 months. Any violation of any condition of probation can result in your probation being revoked and (180 days) jail sentence imposed.
A) Jail time, fines, and court costs:
Jail Time: For a first DWI, this is rare, but it depends on the county you are convicted in. If your case has dangerous facts, you could be sentenced to 3 to 30 days in the county jail as a condition of probation. If your probation subsequently gets revoked, you may not receive credit for these days in jail.
Fine: You will have to pay a fine through probation. The first offense you have to pay approximately $300-$500 fine for your first offense.
Court Costs: You will have to pay court costs, which will cost you around $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 24 hours, and no more than 100 hours of community service if granted probation. 80 hours of community service is the norm.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Monthly Reporting: You will be ordered to report to your probation officer each month. Absent an emergency, you must report. Failure to report can result in your probation being revoked and your jail sentence being activated.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $1,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
If probation is granted, you will be given an Order setting out all the terms and conditions of your probation. You must comply with each and every term and condition, otherwise, your probation will be revoked and you could end up in jail.
Second DWI - Class A Misdemeanor
WARNING: The State of Texas requires the Court to order, as a condition of your bond, that you install and maintain a deep lung air device on the car you drive. This device requires you to blow into it before it will allow you start your car. If it detects the presence of alcohol, it will disable your car. If you are driving a car and have not obtained an interlock, do so immediately or your bond will be revoked and you will be arrested.
Range of Punishment
Jail: Confinement in the county jail for not less then 30 days but not to exceed more than 1 year.
Fine: A fine not to exceed $4,000.
A) Jail time, fines, and court costs:
Jail Time: In DWI 2nd cases, jail time is common. You should expect to receive between 3 to 30 days in the county jail as a condition of probation, depending on the facts of your case.
Fine: You will have to pay a fine through probation. It is typical for a DWI 2nd to pay approximately $500 to $700 fine for your second offense.
Court Costs: You will have to pay court costs of approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 80 hours, but not more than 200 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved
DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Jail time with Probation: If probation is granted and you were convicted within 5 years of your 1st DWI, you must serve a minimum of 5 days in jail as a condition of your probation.
If probation is granted and you were convicted within 10 years of your 1st DWI, you must serve a minimum 3 days in jail as a condition of your probation.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Deep Lung Air Device: This is formally called the "ignition interlock." In order to start your car, you have to blow into the device, and if it detects a certain amount of alcohol, it will not let you start your car. It is mandatory for all DWI 2 nd cases as a requirement of your bond and may be used a condition of your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Drivers License Suspension: Your license may be suspended for not less than 180 days to 2 years.
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $1,500.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
Third DWI (or more) - 3rd Degree Felony
(Two prior DWI's if committed within ten years of each other will cause your third offense to be a felony regardless how long ago the previous two occurred.)
WARNING : You are required by law to install an ignition interlock device on your car. You also are not allowed to drive any vehicle that is not equipped with an interlock device. If the device detects alcohol on your breath, it will disable your vehicle. If you are driving a car and have not obtained an interlock device, do so immediately or your bond will be revoked and you will be arrested.
Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years and not more than 10 years.
Fine: A fine not to exceed $10,000.
A) Jail time, fines, and court costs:
Jail Time: For a Felony DWI, the Judge may impose up to 180 days in the County Jail as a condition of probation.
Fine: You will have to pay a fine through probation, and should expect to pay at least $500-$1,000.
Court Costs: You will have to pay court costs that will cost you approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 160 hours, but not more than 600 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Jail time as a condition of probation: If probation is granted, you must serve a minimum of 10 days in jail as a condition of the probation!
Drivers License Suspension: Your license may be suspended for not less than 180 days not more then 2 years.
Monthly Reporting: You will be ordered to report to your probation officer each month.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
D) Judicial Conditions:
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $2,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
Alcohol Electronic Monitoring: Becoming more common is the requirement for you to be ordered to have installed is an electronic monitor. You will be ordered to wear a device around you ankle. If you have any alcohol in your system, the device will notify the court and your probation will be revoked.
DWI With A Minor In The Vehicle- State Jail Felony
Is defined by Texas law when a person is charged with DWI, no matter if it is the 1st DWI, and a minor is in the vehicle.
*NOTE: The law considers a minor anyone under fifteen (15) years of age.
Intoxication Assault - 3rd Degree Felony
Is defined by Texas law when a person commits an offense if the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. " Serious Bodily Injury ” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.) This means it applies even if it is your first DWI, if someone is hurt as defined by the law.
*Note: The law considers a car a deadly weapon and if the court finds that you committed the offense with a deadly weapon, you may be ineligible to receive probation from the court. You can only receive probation from a jury.
WARNING : You are required by law to install an ignition interlock device on your car. You also are not allowed to drive any vehicle that is not equipped with an interlock device. If the device detects alcohol on your breath, it will disable your vehicle. If you are driving a car and have not obtained an interlock device, do so immediately or your bond will be revoked and you will be arrested.
Range of Punishment
Fine: A fine not to exceed $10,000.
A) Jail time, fines, and court costs:
Jail Time: For a Felony DWI, the Judge may impose up to 180 days in the County Jail as a condition of probation.
Fine: You will have to pay a fine through probation, and should expect to pay at least $500-$1,000.
Court Costs: You will have to pay court costs that will cost you approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community Service and Classes:
Community Service: Texas law mandates that you perform a minimum of 160 hours, but not more than 600 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved
DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Common Probation Conditions
If probation is granted which is rare in cases of intoxication assault, you must serve a minimum of 30 days in jail as a condition of the probation!
Monthly Reporting: You will be ordered to report to your probation officer each month.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
D) Judicial Conditions:
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $2,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
Intoxication Manslaughter - 2nd Degree Felony
(Is defined as Texas law states that if a person commits an offense if a person operates a motor vehicle in a public place while intoxicated and by reason of that intoxication causes the death of another by accident or mistake.)
WARNING : You are required by law to install an ignition interlock device on your car. You also are not allowed to drive any vehicle that is not equipped with an interlock device. If the device detects alcohol on your breath, it will disable your vehicle. If you are driving a car and have not obtained an interlock device, do so immediately or your bond will be revoked and you will be arrested. Contact our office to help you obtain a breath interlock.
Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years and no more than 20 years.
Fine: A fine not to exceed $10,000.
A) Jail time, fines, court costs:
Jail Time: For a Felony DWI, the Judge may impose up to 180 days in the County Jail as a condition of probation.
Fine: You will have to pay a fine through probation, and should expect to pay at least $500-$2000.
Court Costs: You will have to pay court costs that will cost you approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 160 hours, but not more than 600 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Jail Time: If probation is granted, which is rare in an intoxicated manslaughter case, you must serve a minimum of 180 days in jail as a condition of the probation.
Monthly Reporting: You will be ordered to report to your probation officer each month.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $2,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
Electronic Monitoring: Although unusual, Judges can require you to submit to electronic monitoring. You will be forced to wear a device (about the size of a pager) around you ankle. You will be allowed outside your home during specified periods of time. If you are not at home when required, the monitor knows it, and your probation can be revoked.
Call For a Free Consultation
Do not hesitate to call us. The State is already at work in their prosecution, you must begin mounting a strategy of defense. We will Fight For Your Rights!
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