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What are the DWI or DUI penalties in Texas?

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For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
What are the DWI or DUI penalties in Texas?
Published On: Apr 28, 2023
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By Gunter, Bennett and Anthes

Driving While Intoxicated (DWI) is a serious offense in Texas that carries strict penalties. The state has a zero-tolerance policy for drunk driving, and anyone found guilty of DWI can face severe consequences. If you are facing a DWI charge in Texas, it is important to understand the penalties and consequences that you may face.

DWI Penalties in Texas

The penalties for a DWI conviction in Texas vary depending on the circumstances of the offense, including the driver’s blood alcohol concentration (BAC) and any prior DWI convictions. Here are the potential penalties for a DWI conviction in Texas:

First Offense:

For a first-time DWI offense, the penalties may include:

  • A fine of up to $2,000
  • Jail time up to 180 days
  • License suspension for up to one year
  • Mandatory completion of a DWI education program

Second Offense:

For a second DWI offense, the penalties may include:

  • A fine of up to $4,000
  • Jail time up to one year
  • License suspension for up to two years
  • Mandatory installation of an ignition interlock device (IID) on your vehicle
  • Completion of a DWI education program or a substance abuse treatment program

Third Offense:

For a third DWI offense, the penalties may include:

  • A fine of up to $10,000
  • Jail time up to ten years
  • License suspension for up to two years
  • Mandatory installation of an IID on your vehicle
  • Completion of a DWI education program or a substance abuse treatment program
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DWI’s Involving Accidents

It is worth noting that if a person causes an accident that results in serious injury or death while driving under the influence, the penalties can be even more severe, including significant fines and lengthy prison sentences.

If the accident causes injury to another person, the DWI charge can be elevated to a felony offense, which carries much harsher penalties. In addition to fines, jail time, and license suspension, a felony DWI conviction can result in a permanent criminal record, making it difficult to find employment, housing, or obtain loans.

If the accident causes a fatality, the driver can be charged with Intoxication Manslaughter, which is a second-degree felony. The penalties for this offense include a prison sentence of two to 20 years and a fine of up to $10,000.

In Texas, a driver involved in a crash resulting in property damage must immediately stop and provide their name, address, and vehicle registration number to the other party involved or to the police. Failure to do so is a criminal offense known as “hit-and-run,” which can result in additional charges.

It’s important to note that even if no one is injured in the accident, causing property damage while driving under the influence can result in additional charges of reckless driving, which can lead to fines, license suspension, and even jail time.

Conclusion

DWI is a serious offense in Texas that carries severe penalties. Even a first-time offense can result in significant fines, jail time, and license suspension. If you are facing a DWI charge in Texas, it is important to seek the advice of an experienced attorney who can help you understand your rights and options and defend your case. Remember, the best way to avoid a DWI charge is to not drink and drive. Always designate a sober driver or use public transportation to get home safely.

Gene Anthes
About the Author:
Gene Anthes

Gene has been practicing criminal law since 2005. He is a former Travis County prosecutor and now practices criminal defense in Central Texas. He is a graduate of the University of Texas at Austin and South Texas College of Law. In his spare time he enjoys boat building and woodworking. He is married and has two daughters.

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