Understanding Texas DWI Laws

Driving while intoxicated (DWI) is a serious crime that comes with hefty fines and penalties if you are convicted in Texas. It’s important that you have an understanding of the Texas DWI laws, especially if you have been charged recently with DWI. You should never admit guilt, nor should you answer any questions from a police officer without first requesting an attorney. Protecting your rights is our number-one priority at Flood & Associates. Be sure to call our office in Houston after being arrested and charged with DWI to begin the fight against the charges.

 

The Texas DWI Law

Under Texas law, you can be arrested and charged with DWI if your blood alcohol content level is 0.08 or higher or based upon an on-scene determination by the arresting officer that you do not have your normal physical or mental faculties. The state claims that every 20 minutes someone is either injured or killed in a DWI-related incident in Texas. The penalties for DWI case law Texas are as follows:

 

First Offense DWI – Misdemeanor – Class B

• A fine of no more than $2,000
• Between three and 180 days in jail
• Up to two years probation
• Loss of your driver’s license for up to one year
• An annual fee ranging from $1,000 to $2,000 to retain your driver’s license for a period of three years

 

First Offense DWI – Misdemeanor-Class A (.05 BAC or Higher)

• A fine of no more than $4,000
• Between one month and one year in jail
• Up to two years probation
• The loss of your driver’s license for up to one year
• An annual Texas DPS surcharge ranging from $1,000, $1,500, or $2,000 for three years to keep your driver’s license

 

Second Offense DWI – Misdemeanor – Class A

• A fine of no more than $4,000
• Between one month and one year in jail
• Up to two years probation
• The loss of your driver’s license for no more than two years
• An annual Texas DPS surcharge ranging from $1,000, $1,500, or $2,000 for three years to keep your driver’s license

 

Third Offense DWI-Felony – Third Degree Felony

• A fine of up to $10,000
• Anywhere from two years to 10 years in prison
• From two to 10 years of probation 
• The loss of your driver’s license for up to two years
• An annual Texas DPS surcharge ranging from $1,000, $1,500, or $2,000 for three years to keep your driver’s license

 

DWI With Child Passenger – State Jail Felony 

If you are arrested and charged with DWI with a child (under 15-years-old) in the vehicle, you face the following penalties:

• A fine of no more than $10,000
• Up to two years of probation 
• Up to two years in state jail
• The loss of your driver’s license for a period of 180 days

Aside from a charge of DWI, you might also face a charge of child endangerment for being under the influence with a minor in the vehicle.

If you are convicted of any Texas DWI charge, you may be required to install an ignition interlock device in your vehicle. An ignition interlock prevents the vehicle from operating until the driver blows into an affixed breathalyzer device. If the device detects any trace of alcohol, the vehicle will not be operational.

 

Charged with DWI in Texas? Call Flood & Associates

If you’re facing a DWI conviction, all hope is not lost. At Flood & Associates, our team of experienced, passionate, and dedicated DWI defense attorneys will give you the best defense possible. With an 80-percent win rate and an inhouse crime lab, no one in the state of Texas has access to our resources, and no one compares to our team. Call our team 24/7, 365 days a week at 713-224-5529 for a free case review by a DWI lawyer in Houston.