The Law Firm of Blair T. Jones, PLLC

Texas DWI

Former Williamson County DWI Prosecutor

Before you suffer the harsh penalties of a DWI conviction (see below) know that many of them can be avoided with the right lawyer.  I am a recent Williamson County Prosecutor.  I have tried numerous DWI jury trials.  I know what it takes to win as a prosecutor (even when there are no field sobriety tests, no video, or no breath test), so I know what it takes to win as your defense lawyer.  I know the State’s strategy and I know how to protect you from its highly trained prosecutors.  Call me now so I can help you.

Texas DWI Penalties

When faced with a Texas DWI arrest and/or conviction, there are a number of issues to consider: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DWI class or do community service? Here are the basic laws regarding DWI penalties.

First DWI Offense: Class B Misdemeanor
Jail: Minimum 72 hours, or 6 days if open container is present.

Fines/Costs: Fine not to exceed $2,000. Other administrative and evaluation fees may be assessed. The Texas Department of Public Safety imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16).
License Suspension: Yes, 180 days. Attending DWI Education class may avoid this. Occupational license may be granted based on need.

Occupational License: An occupational license, may be issued based on "essential need" and usually only when the court orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241.
Vehicle Impound: Yes, up to $200.

DWI Course: First time offenders must complete a 12 hour DWI Education Program within 180 days of when probation was granted or risk having their license revoked.

Probation: Terms of probation decided by judge or jury.

Community Service: 24 hours required, but no more than 100 hours.

Second DWI Offense: Class A Misdemeanor

Jail: 72 hours, not more than 1 year.

DWI Fines/Costs: Fines not to exceed $4,000. Other administrative and evaluation fees may be assessed. The Texas Department of Public Safety imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16).

License Suspension: Yes, 180 days to 2 years. Occupational license may be granted based upon need.
Vehicle Impound: Yes, up to $200.

DWI Course: Repeat offenders must complete a 32 hour DWI Repeat Offender Program.

Probation: Terms of probation decided by judge or jury.

Community Service: Minimum 80 hours, but no more than 200 hours.

Other:

DWI and Driving with Minor: It is a felony to drive while intoxicated with a minor younger than 15 years of age in the vehicle.

Commercial Vehicle: Over .04 BAC level may suspend a commercial driver’s license for one year and up to 3 years if the driver was carrying hazardous materials.

Open Container Laws: Yes, driver and passenger. This is a Class C Misdemeanor.

How long does a DWI stay on your record? A DWI conviction in Texas stays on your driving record forever.

Driver Responsibility Tax: Texas Department of Public Safety imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense, $1,500 per year for three years for a second DWI offense and $2,000 for a first or subsequent conviction if the person’s BAC level was double or more the legal limit (.16).

Ignition interlock device program: Required in order to be released from jail on bond. Required for all second-offenders during probation.