Possible DWI Sentences
DWI First Offense
1) Maximum 6 month jail time
This can be probated for up to 2 yrs, however,
A person placed on probation for DWI is not eligible for early discharge (Tex Code of Criminal Procedure Article 42.12 Section 20)
While on probation you must pay probation fees, court fees, any fines levied, which can be up to a max of $2,000, and you must complete volunteer work at a place determined by the probation department.
You will also be required to complete some form of recommended counseling and a DWI education program.
If you complete this training within 6 months of being placed on probation, the criminal conviction will not result in a mandatory DL suspension, assuming you were at least 21 yrs old at the time of arrest.
See also…duilawyerhouston.net/should-you-refuse-to-take-a-breathalyzer-test-in-texas/
2) There is a DL suspension for the DWI conviction, which is completely separate from the Administrative License Revocation (ALR) suspension that occurs immediately upon arrest.
3) The Minimum Jail Sentence on 1st DWI Conviction is 72 hours unless you had an open container with you, in which case the minimum is raised to six days of jail time.
4) If your BAC was 0.15 or more, then the max jail time is raised to 1 year and the max fine is raised to $4,000, this entire sentence and fine can still be probated so that no jail time is required.
If you get placed on probation for this enhanced offense, then you are required to install an ignition interlock device on your vehicle for at least 50% of the probation time (See Article 42.12 Section 13(i) Texas Code of Criminal Procedure)
DWI Second Offense (Class A Misdemeanor)
Minimum jail sentence of 30 days, max of 1 year in county jail, and up to $4,000 fine.
Almost any prior DWI can enhance this sentence. Certain exceptions exist for convictions prior to 1984.
The court can place you on up to 2 years of supervised probation, but you will have to serve at least 72 hours of continuous jail time (see Article 42.12 Section 13(a)(1) Tex. Code of Criminal Procedure).
If you receive probation, you must install the ignition interlock device on your vehicle for at least 50% of the probation time.
Types of Felony DWI
A Felony DWI is charged when you have 2 prior DWI convictions. This carries up to 10 years in prison and a max fine of up to $10,000. It carries a minimum 2 year prison sentence.
If you operate a motor vehicle while intoxicated and there is a passenger under the age of 15 years old, then you will be charged with a State Jail Felony DWI (DWI-with child). See Article 49.045 Tex Penal Code. Each of these felony convictions contain certain possible probationary periods.
Suspension of Your Driver’s License in the Criminal Case
We have already discussed the Administrative License Revocation (ALR) Suspension and the time periods for said ALR suspension. The ALR hearing and suspension will likely take place before your criminal trial. The ALR hearing is a civil trial. However, your driver’s license is also likely to be suspended at the criminal trial if you are convicted.
On a first offense, if you are over 21 at the time of arrest, the Court can order DPS not to suspend your license if your conviction is probated, assuming you are required to attend DWI education training within 6 months of the start of your probation.
Love v. State, 702 S.W.2d 319 (Tex. App. Austin 1986) states that the Court does not have authority to suspend your license if they probate a 1st DWI Sentence. If you don’t receive probation, and instead you serve jail time, then your license is automatically suspended for one year, unless the judge orders a shorter suspension.
For 2nd DWI Convictions and Subsequent DWI convictions, the DPS will automatically suspend your license for between 180 days and up to 2 years.
This video may help you learn more about possible DWI Sentences in Texas.
The information contained on this website may not be accurate and you should always contact an attorney if you have any questions about the law or your legal rights.