If you have one or several previous driving while intoxicated (DWI) charges on your record, this could significantly escalate punishments for a new charge. Texas judges and prosecutors give multiple DWI offenders no leniency. Repeat DWI offenders account for most prisoners incarcerated in Texas prisons, costing taxpayers millions of dollars annually. To protect your freedom, you must understand the penalties you could face for repeat DWI charges. You also need to know how to fight back against DWI convictions.
First DWI In Texas
In Texas, DWI crimes are taken extremely seriously, and the punishments are severe, even for a first-time offender. If the court charges you with a DWI, even if it is your first crime, the court will treat you like a criminal.
Charges And Punishment For A First DWI Crime In Texas
The law in Texas treats first DWI crimes as class ‘’B’’ misdemeanors. If the court convicts you of this crime, you could face a fine that does not exceed $2,000 and a jail term that does not exceed 180 days in county jail. However, this is a minimum charge the court can level against you. The DWI statute in Texas is incredibly nuanced and can get complicated fast, so you need to understand the facts of your particular case. For example, your first DWI offense could get complicated and escalate the punishment, jail term, and fine if you happen to be involved in any of the following:
Intoxication Assault
If you injure someone else seriously while intoxicated, you could face a third-degree felony charge, which carries a punishment of a $10,000 fine and two to ten years jail term in state prison.
DWI Of 0.05% And Above
If you submit to a breath or blood test and the results come out with a BAC of 0.15% or more, your case could escalate to a class ‘’A’’ misdemeanor. You could face a jail term of up to one year in county jail and a fine of up to $4000. In addition, if the court charges you under his category in Texas, you could be required to install an IID in your car.
Intoxication Manslaughter
If you kill someone else because of your intoxicated driving, you could face a second-degree felony charge. In addition, you could face a penalty of a $10,000 fine and a jail term of up to 20 years in state prison.
DWI With A Passenger Under The Age Of 15
If the police stop you and discover you are intoxicated with a minor in the car, your first DWI crime will immediately escalate to a felony. You could face a fine of $10,000 and a jail term of 180 days to two years in state prison.
If the court convicts you of a first DWI offense, you will face a three-day jail term in county jail unless you are granted probation. The other potential penalty could be community service. Additionally, depending on the court’s ruling, it could impose additional conditions on you like:
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Attending DWI school for a 12-hour course, you must take the course within 180 days of receiving probation. If you fail to attend the course, your driving privileges will be revoked until you complete the course.
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Attending a state-approved rehab facility if you are an alcohol addict
Second DWI In Texas
In the state of Texas, a second DWI is classified as a class ''A'' misdemeanor. It comes with a step-up in potential repercussions from your first DWI. The punishment for a second DWI in Texas is much more severe. DWIs, particularly after multiple crimes, attract severe penalties. A second DUI conviction can damage your financial future because it could cost you a fine of up to $4,000.
A jail term for a second DWI is mandatory, where you could serve a three-day jail sentence. There is also a possible jail term of one month to one year. You could face probation that does not exceed two years. Serving probation is often not the ideal outcome because you will have to comply with some conditions. The conditions of probation include:
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Attending alcohol education courses
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Installation of an IID in your car
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Community service for 80 to 200 hours
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Attending a DWI impact panel
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Suspension of your driving privileges for two years — You will need to pay a surcharge fee of $1,000, $1,500, or $2,000 for three years to retain your driving privileges.
The worst punishment for a second DWI in Texas is that you cannot have your DWI deferred or have your record sealed. Your charges will be permanent. The juries in Texas prosecute drivers with past DWI convictions harshly. Therefore, it is less likely that the judge will rule in your favor.
Reducing Or Dismissing Second DWI Charges
Reducing or dropping your second DWI charge depends on your circumstances and the prosecutor assigned to your case. Sometimes, you could be allowed to plead to a lesser charge, like reckless driving, to give up your right to trial and plead guilty. This could be hard for a second DWI because the prosecutor could be unwilling to work with you. On the other hand, even if you reach an agreement with the prosecutor, the judge could still refuse to sign off on it.
Third DWI In Texas
The consequences become far more severe if the court convicts you of a third DWI. Consulting the right DWI lawyer could be the difference between your freedom and going to prison. Under Texas law, a third DWI is consequential because it is a felony. If the court convicts you of a felony, it will lead to a good time spent in a Texas prison. Other collateral repercussions could also follow you for the rest of your life.
What A Third Crime DWI Constitute In Texas
Under Texas law, there is no ambiguity concerning what constitutes a third DWI crime. In the United States, there are States with what is called the ''look back'' period where a DWI will only count as a prior charge if it occurred recently. Unfortunately, there is no look-back period in Texas. If the court charged you with two DWIs 30 years ago, your consecutive DWI charge would be a felony regardless of the long period between the charges.
Penalties For A Third DWI In Texas
Under Texas law, a third DWI is regarded as a third-degree felony. Often, the court treats first-time offenders with leniency and a level of understanding, but the punishment for a third crime reflects how seriously lawmakers in Texas treat repeat DWI crimes.
A charge with a third DWI will lead you to a jail term in prison for no less than two years. You could also face a jail term that does not exceed ten years. A minimum jail term of two years can be misleading because the judge can probate most of that jail term. Therefore, once you adhere to the supervised release program and avoid additional crimes, you will not serve most of that jail term.
Ultimately, the jail term imposed is up to the judge handling your case. However, if a plea bargain probates the jail term, you will be required to serve ten days minimum in jail as part of any plea agreement. This minimum jail term cannot be probated or waived.
If you are eligible for probation, the prosecutor must grant it to you as part of a plea bargain. The judge handling your case must approve any plea bargain. To complete probation, you will have to do the following.
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Take part in DWI intervention programs.
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Attend substance abuse counseling or classes
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Complete up to 600 hours of community service
In addition to a jail term, the court imposes hefty fines upon you upon your conviction of a third DWI crime. You could face a fine that does not exceed $10,000, although the court does not need to impose the entire fine amount. You will also incur additional court costs because the $10,000 is only for the fine. Other potential costs associated with a third-time DUI conviction could include:
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Interlock device costs
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Counseling fees
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Other associated expenses
The expenses for a DWI charge can be staggering.
If the court convicts you of a third DWI, your driving privileges could be suspended. In addition, the court will order you to install an IID to get your license back. An IID is a device you install in your car that needs you to blow into it before the vehicle can start. You will not start your car if the IID detects alcohol in your breath.
Suspension of your driving privileges is expensive. You will need to pay some fees before the privileges are restored and a licensing fee surcharge that does not exceed $2000 per year for three years. Just like a jail term, the administrative punishment for a DWI increases with every additional charge.
If the court convicts you of a third DWI, there are additional repercussions you will face apart from those highlighted by the statute. The repercussions could affect everything from your right to own a firearm to your ability to secure a job. Some of the repercussions include:
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Losing your right to vote
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Barred from receiving some government benefits
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Loss of employment
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Difficult finding housing
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Losing a professional license
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Losing your right to own firearms
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Negative impact on your reputation
The above repercussions are more than a hassle; they can negatively influence your life. Life as a convicted felon can be challenging because the penalties for a third DWI in Texas are severe. Fighting a DWI offense conviction in court is the best choice for many. After all, if the court acquits you of the charge, you will not be subject to the repercussions of the charge. It is possible to win a Texas DWI charge if you consult the right criminal defense attorney.
Fourth DWI In Texas
The punishments for individuals facing DWI charges rely highly on their criminal history. Those offenders with multiple DWI charges could face a serious legal penalty under Texas law. You must consult a DWI attorney immediately if the court convicts you of a fourth or subsequent DWI crime.
Penalties For Fourth DWI Crime
If you are charged with a fourth DWI, you will automatically face felony charges. In Texas, Penal Code 49.09 is often an enhanced-DWI-penalties law used to elevate first-crime and second-crime misdemeanors into a third-degree felony if they commit a third DWI crime. Penal Code 49.09 does the same with a fourth DWI crime. So a fourth DWI crime will lead you to stiffer penalties.
If you are charged with a fourth DWI crime, you will face additional administrative sanctions similar to those imposed for a third or other previous DWI crimes. A fourth DWI will cost you another two-year driving privileges suspension and a $2,000-per-year surcharge. You will pay additional costs for an IID if you hire a skilled and trusted criminal defense lawyer to obtain a hardship license to drive to and from work.
While the two-year minimum sentence does not increase between a third and fourth DWI crime, the minimum sentence would matter less by the time you reach a fourth crime. Any leniency the judge would have treated you for the previous DWI offenses will not apply to a fourth-time violation. The court will increase the minimum imprisonment when you move from a third DWI to a fourth DWI crime. This is the time you need a competent DWI attorney. A qualified DWI attorney has the insight, discernment, and reputation for showing the court why it should impose the most-reasonable minimum sentence.
There is also a possibility that you could face an enhanced penalty if the court charges you with two intoxication offenses in one event. For instance, felony DWI and intoxication assault are different crimes for the enhancement law Texas Penal Code 49.09, even if the DWI and assault happened in the same event. More significantly, the law in Texas also presents a risk that the judge could treat a fourth DWI crime not simply as a third-degree felony but as a second-degree felony.
Penal Code 12.42 would impose stiffer penalties if you are a chronic or repeat offender. Your conviction will escalate from a third-degree to a second-degree. Under the Texas Penal Code 12.33, a fourth DWI is a second-degree crime where the penalty would increase to not less than two years and not more than 20 years jail term. Texas judges have insisted on imposing stiffer penalties of more than ten years imprisonment on fourth DWI offenders even if the enhancement appears harsh.
On the other hand, as much as the law gives penalty ranges both in fine and imprisonment terms, it also provides considerable discretion for judges. The discretion gives an excellent chance for DWI fourth offenders to benefit from an experienced DWI attorney. If you hire a competent DWI attorney, maximum prison terms that seem worse could be at or much closer to the minimum. Your lawyer will negotiate with the court to have your charges reduced.
Your lawyer has probably handled numerous DWI cases before. A lawyer understands prosecutors often employ tactics to push for a guilty verdict. With a lawyer by your side, you will not feel intimidated to face the judge and prosecutor alone. You will have someone walking with you from the beginning to the end of your case.
Collateral Repercussions For A Fourth DWI In Texas
If the court convicts you of a felony DWI in Texas, you could face additional collateral repercussions. If you are released from a felony crime, you will likely face issues long after you have served your prison sentence. If you have a felony or multiple felony crimes on your record, your lifestyle could be affected in several ways, including:
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Inability to travel to certain countries
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Issues gaining or retaining employment
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Modified or reduced child custody or visitation agreements
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Difficulty pursuing educational programs like college programs
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Possible ineligibility to obtain specific professional licenses
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Inability to receive financial aid, grants, or scholarships
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Issues gaining government assistance
Find A Fort Worth DWI Lawyer Near Me
If you or a loved one faces DWI charges, it is important to hire a DWI defense attorney to help you fight your charges regardless of your prior record. Even a first DWI charge could negatively affect your life. The more DWI charges you face, the worse the potential repercussions you will encounter in the next charge. However, the good news is that a DWI arrest does not make a charge certain. The prosecution must show that you were driving intoxicated and the right procedures were followed during your traffic stop and blood alcohol testing. When you contact the Fort Worth DWI Defense Lawyer, our lawyers will know how to analyze every detail of your case, looking for possible weaknesses that could get your charges dismissed or reduced. Contact us at 817-470-2128 and talk to one of our attorneys.