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DWI Penalties

DWI Penalties

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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.

> More on habitual DWI offenders.

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