This page is designed to be a brief summary of the statutory penalties for conviction or plea in a DWI case. There is a wide and varied realm of possibilities. This is designed to give you a brief, thumbnail sketch of the basic penalties involved. It will be necessary to consult with a qualified criminal defense lawyer as to the actual and specific full range of penalties that you may be exposed for a conviction or plea to the charge. Texas Penal Code Chapter 49 regulates the charge of Driving While Intoxicated. Any disposition of your case, short of dismissal or acquittal (in other words, probation or jail time), will be considered to be a final conviction and will remain on your record forever.

First Offense

Incarceration: 72 hours to 180 days in county jail (3 days mandatory as condition of probation)
Fine: Not less than $100, not more than $2000.
Community Service (as condition of probation): 24 – 100 hours

Second Offense

Incarceration: Minimum sentence of 30 days – 1 year in county jail (30 days mandatory as condition of probation)
Fine: Up to $4,000.
License suspension is for 180 days - 1 year.
Community service: 80 – 200 hours

Third Offense

Incarceration not to be less that 2 – 10 years in State prison (180 days county jail mandatory as condition of probation)
Fine: Up to $10,000.
License suspension is for 2 years.
Community service: 160 - 600 hours.

SUBSEQUENT OFFENSES

Texas Penal Code Chapter 49.09 establishes a 10-year period for determining subsequent offenses. The 10-year period encompasses the date of the end of probation of the prior DWI offense to the date of arrest of the subsequent DWI offense. This 10-year period creates a minimum statutory timeline for determining whether a person is charged with a second or subsequent offense DWI. Even if your subsequent DWI arrest falls outside of the 10-year time frame, it is still within the deciding judge’s discretion to impose penalties beyond the mandatory minimums. In any criminal case a judge will review a defendant’s criminal record in determining punishment.