Texas Sentencing & Penalty Guidelines
Criminal Penalties Following DWI & DUI Convictions
Penal Consequences by Criminal Classification
DWI: First Offense
- Criminal Classification: Class B Misdemeanor
- Maximum Fine: Up To $2,000.00
- Sentencing Guidelines: 72 Hours to 180 Days county jail.
- Texas Driver License: Suspension for 90 to 365 days.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI), driving under the influence of drugs (DUI), and operating or assembling an amusement ride.
> Learn more about first offense DWI cases.
DWI: With BAC of 0.15 or More
- Criminal Classification: Class A Misdemeanor
- Maximum Fine: Up To $4,000.00
- Sentencing Guidelines: 30 to 180 days county jail.
- Texas Driver License: Suspension for 180 days to 2 years.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI), driving under the influence of drugs (DUI), and operating or assembling an amusement ride.
> Learn more about “high BAC” DWI cases.
DWI: With Open Container
- Criminal Classification: Class B Misdemeanor (First Offense)
- Maximum Fine: Up To $2,000.00
- Sentencing Guidelines: 6 to 180 days.
- Texas Driver License: Suspension for 180 days to 2 years.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI), and operating or assembling an amusement ride.
> Learn more about open container DWI cases.
DWI: With Child Passenger
- Criminal Classification: State Jail Felony
- Maximum Fine: Up To $10,000.00
- Sentencing Guidelines: 180 days to 2 years.
- Texas Driver License: Suspension for 180 days to 2 years.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI) and driving under the influence of drugs (DUI).
> Learn more about DWI cases involving child passengers.
DWI: Second Offense
- Criminal Classification: Class A Misdemeanor
- Maximum Fine: Up To $4,000.00
- Sentencing Guidelines: 30 to 180 Days county jail.
- Texas Driver License: Suspension for 180 days to 2 years.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI), driving under the influence of drugs (DUI), and operating or assembling an amusement ride.
> Learn more about 2nd offense DWI charges.
DWI: Third Offense
- Criminal Classification: Third Degree Felony
- Maximum Fine: Up To $10,000.00
- Sentencing Guidelines: 2 to 10 years in prison.
- Texas Driver License: Suspension for 90 to 365 days.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI), driving under the influence of drugs (DUI), and operating or assembling an amusement ride.
> More on 3rd offense DWI cases.
Intoxication Assault
- Criminal Classification: Third Degree Felony
- Maximum Fine: Up To $10,000.00
- Sentencing Guidelines:
- Texas Driver License: Suspension for 180 days to 2 years.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI), driving under the influence of drugs (DUI), and operating or assembling an amusement ride.
> More on intoxication assault cases.
Intoxication Manslaughter
- Criminal Classification: Second Degree Felony
- Maximum Fine: Up To $10,000.00
- Sentencing Guidelines:
- Texas Driver License: Suspension for 180 days to 2 years.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI), driving under the influence of drugs (DUI), and operating or assembling an amusement ride.
> More on intoxication manslaughter cases.
Habitual DWI Offenders (3rd or more.)
- Criminal Classification: Third Degree Felony and Up!
- Maximum Fine: Up To $10,000.00
- Sentencing Guidelines: Up to life in prison.
- Texas Driver License: Suspension for 180 days to 2 years.
Special Note: Applies to Boating While Intoxicated (BWI), Flying While Intoxicated (FWI), driving under the influence of drugs (DUI), and operating or assembling an amusement ride.