DWI Law

You have rights, exercise them!

Punishment Ranges

Public Intoxication – is a class C misdemeanor punishable by up to a $500 fine.

DWI First Offense – is a class B misdemeanor punishable by a minimum of 72 hours up to a maximum of 6 months in the county jail and up to a $2,000 fine. If you have an alcohol concentration of .15 or more, then a DWI first offense is a class A misdemeanor and subject to the punishment range set forth below.

DWI Second Offense – is a class A misdemeanor punishable by a minimum of 6 months up to a maximum of 1 year in the county jail and up to a $4,000 fine. A minimum of 72 hours in jail MUST be completed even if you are sentenced to probation. The 72 hours in jail is hour for hour meaning you will not get any prior jail credit.

DWI with a child passenger – is a State Jail Felony punishable by a minimum of 6 months up to a maximum of 2 years in the State Jail and up to a $5,000 fine. State jail time is served day for day (unlike TDC).

DWI Third Offense – is a 3rd degree felony punishable by a minimum of 2 and a maximum of 10 years in the Texas Department of Corrections and up to a $10,000 fine.

Intoxication Assault – is a 3rd degree felony punishable by a minimum of 2 and a maximum of 10 years in the Texas Department of Corrections and up to a $10,000 fine.

Intoxication Manslaughter – is a 2nd degree felony punishable by a minimum of 2 and a maximum of 20 years in the Texas Department of Corrections and a fine up to $10,000.

FOR ANY OF THE ABOVE LISTED OFFENSES, PROBATION MIGHT BE AN OPTION IF YOU ARE ELIGIBLE FOR PROBATION. The maximum probation term for a misdemeanor is 2 years, the maximum probation term for a State Jail Felony is 5 years, and the maximum probation term for a 2nd or 3rd degree felony is 10 years. By law you cannot get early release from probation for an intoxication related offense.

You have rights, Exercise them!

Counties Served

  • Chambers
  • Hardin
  • Jefferson
  • Orange
Counties Served

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