What kind of charge is a DWI in Texas?

In Texas, the charges for a DWI can range from a Class B misdemeanor to a felony depending on the circumstances. In this post, we’ll discuss the different types of DWI charges and the potential consequences of each charge.

If you are charged with Driving While Intoxicated (DWI) in Texas, navigating the law alone can be intimidating. Hiring an experienced DWI defense attorney can help clarify what to expect in terms of sentencing, jail time, and fees for your DWI charge.

Texas DWI Penalties by Classification

Class B Misdemeanor

Normally, a DWI is a Class B misdemeanor. This applies to a first-time DWI offense with a blood alcohol concentration (BAC) below 0.15. The penalties for this classification include:

• A fine of up to $2,000
• A jail term of up to 180 days
• A mandatory  72 hour jail sentence
• A license suspension for up to one year

Class A Misdemeanor

When a driver’s BAC is 0.15 or higher, a DWI becomes a Class A misdemeanor. The penalties for this crime class are more severe and can include:

• A fine of up to $4,000
• A jail term of up to one year
• A license suspension for up to one year

Third-Degree Felony

A third-degree felony DWI charge can apply if there are certain aggravating factors involved, such as causing serious bodily injury to another person while intoxicated. The penalties for a third-degree felony DWI can include:

• A fine of up to $10,000
• A jail term of two to ten years
• A license suspension for up to two years

Second-Degree Felony

A second-degree felony charge may apply if the DWI offense involves causing serious bodily injury to another person while intoxicated, and the victim is a peace officer, firefighter, or emergency medical services personnel. The penalties for a second-degree felony DWI can include:

• A fine of up to $10,000
• A jail term of two to twenty years
• A license suspension for up to two years

First-Degree Felony

A first-degree felony DWI charge applies in cases where the offense results in the death of another person while intoxicated. The penalties for a first-degree felony DWI can include:

• A fine of up to $10,000
• A jail term of five to 99 years, or life
• A license suspension for up to two years

What Can I Expect after a DWI in Texas?

Regardless of the specific classification of a DWI charge, judges will commonly impose these penalties after a DWI conviction:

Ignition Interlock Device (IID)

The court may order the installation of an IID in your vehicle. This device measures your blood alcohol concentration (BAC) and prevents the vehicle from starting if it detects alcohol.

Community Service

A DWI conviction can also result in mandatory community service hours. The number of hours required may vary depending on the severity of the offense and whether you have any previous DWI convictions.

Alcohol Education Courses

You may be required to attend and complete a DWI education program to address any substance abuse issues.

Substance Abuse Treatment or Counseling

If you are convicted of a DWI in Austin, Texas, you may be required to attend mandatory substance abuse treatment programs. 

Other Consequences of a DWI

A DWI conviction can have consequences that extend beyond the courtroom. A DWI conviction can mean losing your job, the revocation of a professional license, the loss of thousands of dollars, and damage to your reputation.

Difference Between a DWI and DUI in Texas

In Texas, a DWI refers to driving with a blood alcohol concentration (BAC) of 0.08% or higher. This can be determined through breath or blood tests.

On the other hand, a person is charged with a DUI in cases where a minor is found to be driving with any detectable amount of alcohol in their system up to .08 blood alcohol content. 

Consult our DWI Attorneys Now

The Law Office of David D. White, PLLC provides legal guidance and strategy for both Texas DWIs and DUIs. To schedule a free consultation with one of our Austin criminal defense attorneys, contact us today.