A Texas DWI charge carries serious consequences that can significantly affect your life. When you are arrested for driving while intoxicated, you risk losing your driving privileges because of the significant risk your intoxicated driving poses to other road users. A conviction could result in a suspension of your license, substantial fines, and even the risk of serving time in prison.
Texas has severe laws that punish DWI offenses, with harsher consequences for repeat violations. Apart from that, there are other consequences that you will be subjected to. A DWI conviction on your record could result in attracting higher insurance premiums and being required to complete alcohol education programs. The following information breaks down the penalties you risk facing if you are arrested and convicted of DWI.
What You Need to Know About DWI Penalties
Legal intoxication is determined by the presence of alcohol in your blood or noticeable signs of intoxication. When your BAC rises to 0.08% or more, the law deems you as being under the influence of alcohol or intoxicated. If you drive while intoxicated or under the influence, you will face driving while intoxicated (DWI) charges. At this level, the law presumes you can no longer drive safely on the roads.
The limit for commercial drivers is lower, set at 0.04% BAC. Operating larger vehicles, primarily used for commercial purposes, is generally associated with higher responsibilities than operating smaller vehicles. Moreover, Texas applies the zero-tolerance policy if you are below 21. Per this law, any quantity of alcohol in your body is enough to have legal implications, even if your BAC level is below the legal limit.
Intoxication is not limited to alcohol use. It also involves the state of being under the influence of drugs, legal or otherwise, of a mind-altering substance. In these cases, the police officers will assess your physical and psychological state through using field sobriety tests or observing the abnormal behavior as a result of the influence of drugs.
The situation becomes more critical when your BAC is 0.15% or more. At this level, alcohol severely impairs your motor skills, judgment, and reaction times, making you more prone to accidents. The law addresses this increased risk by imposing harsher penalties for the higher BAC levels.
First-Offense DWI Penalties
The penalties for a first DWI offense depend on your blood alcohol concentration (BAC).
For a BAC less than 0.15%, the offense is a Class B misdemeanor, punishable by the following penalties:
- Fines of up to $2,000
- Jail time ranging between 3 and 180 days
- License suspension by the Administrative License Revocation Program (ALR) from 90 to 180 days
- 24 to 100 hours of community service
If you are a first-time DWI offender with a BAC between 0.08% and 0.14%, you may be eligible for a nondisclosure once you complete probation. To qualify, you must meet the following conditions:
- You must not have prior DWI convictions, making this your first offense
- Your BAC has to be below 0.15% during your arrest
- You must meet all the probation requirements, including completing your jail sentence, paying fines, and meeting your community service hours
- You must not commit any other criminal offenses while you are on probation
Once you meet the above requirements, you can file a petition for nondisclosure with the court. The court shall decide whether to grant your request depending on your case.
Note: A non-disclosure does not expunge a DWI from your record. It restricts access to your record, which can be helpful, especially when applying for a job or a loan. Any record sealed by a non-disclosure will not elicit an inquiry from many employers and lenders.
For a BAC of 0.15% or higher, the law classifies the offense as a Class A misdemeanor. Convictions result in the following penalties:
- Fines of up to $4,000
- Jail time of up to 12 months
- License suspension ranging from 90 to 180 days
The court may order you to install an Ignition Interlock Device (IID) for not less than six months after being convicted of DWI. The IID tests alcohol on your breath before you can start your car and, therefore, prevents you from driving under the influence of alcohol. The court sets this safeguard if your BAC is very high or you have past offenses to ensure you do not re-offend. You have to bear all related expenses. You will incur installation, monthly monitoring, maintenance, and calibration costs. These are likely to build up, so it is advisable to plan for them when the court has ordered an IID.
Second-Offense DWI Penalties
A second DWI offense is a Class A misdemeanor, meaning the penalties are harsher than those for a first-time offender. For this violation, you could face:
- A maximum fine of $4,000
- A jail sentence ranging from thirty days to one year
Further, the court could suspend your driver’s license for 180 days to two years.
If you are convicted of the second offense, the court could order you to have an IID installed in your car. The court could further order that you do community service, among other penalties. The judge will determine the exact number of hours that you must serve.
The Alcohol Limited Restricted License (ALR) program usually suspends your driver’s license for 180 days to two years for a second DWI offense. However, it lets you continue driving with some limitations during the suspension period, which means you can drive to work or for other necessities.
Third-Offense DWI Penalties
The third driving while intoxicated offense is considered a third-degree felony, which makes it considerably more severe than the previous two offenses. You could face:
- Maximum fines of $10,000
- Imprisonment of 2 to 10 years in a state prison
- 160 to 600 hours of community service
- License suspension of 180 days to 2 years
- Mandatory installation of an ignition interlock device
The third driving while intoxicated offense is a felony, which harms your civil liberties. In Texas, once a person has been convicted of a felony, he/she loses the right to vote while in prison and on parole. But when you are through with your sentence, you are eligible to have your civil rights, which include voting rights, reinstated.
Also, federal law prohibits you from possessing or owning any firearms after being convicted of a felony. Texas enforces this prohibition.
Factors that can lead to harsher punishments
Some conditions may bring about enhanced penalties if you face DWI charges. Some of the following circumstances include the following:
An Open Alcohol Container
If you are charged with DWI, having an open container in the car has further consequences. If you have an open container with you, even if it is your first offense, you will be jailed for at least six days, regardless of the details of your DWI case.
Furthermore, the police will likely arrest you if you have an open container, increasing your fines. This can also impact the perception of the judge or the jury and, in turn, lead to harsher overall consequences in your case.
Intoxication Assault
If you drive under the influence and end up causing another person to suffer bodily injury, then you are guilty of intoxication assault, a third-degree felony. You can face:
- A jail sentence of up to 10 years
- A fine of up to $10,000, and
- A lengthy suspension of your driver’s license.
Serious bodily injury entails harm that threatens the life of the victim, disfigures him/her, or results in serious disability. Intoxication assault is among the dangerous forms of reckless driving, and therefore, Texas has put in place severe penalties to deal with the problem. You may also be expected to compensate the victim for the medical bills and other costs that he/she incurred due to the crime or for the wages that he/she lost due to the crime.
If the court grants you probation, you must spend at least 30 days in jail. Another condition of probation is that you are not allowed any good time credit, which implies that you have to serve the entire sentence without being released on parole for being well-behaved. Therefore, even on probation, you can still spend many years in prison.
Intoxication Manslaughter
Intoxication manslaughter carries significantly higher penalties than intoxication assault. If you caused the death of another person while under the influence of alcohol while driving, then this is a second-degree felony in Texas. This grave offense attracts:
- A maximum of 20 years imprisonment and
- Fines, which may go up to $10,000
Moreover, depending on the circumstances, the court can revoke your driver’s license for up to two years.
The legal system takes these cases seriously because of the irreversible nature of the damage. Additional factors may increase the severity of the penalty, like high BAC or prior DWI offenses. You may also be subjected to further legal measures that demand you compensate the victim’s family for their damages, including medical bills or burial fees, adding to your woes.
Driving Under the Influence with a Child Passenger
Driving while intoxicated with a child in the vehicle is illegal. It attracts additional penalties when the child is under 15 and in the car. This offense is referred to as DWI with a child passenger and is considered a state jail felony. A state jail felony is the least severe offense, found below misdemeanors and more serious felonies.
On conviction, you can be jailed for 180 days and two years and fined up to $10,000.
The law treats this violation with extreme seriousness because of the significant risk it poses to minors. Every time you drive under the influence and a child is in the car, you endanger the child’s life and welfare, and that is why the law imposes harsh penalties. Courts seek to deter individuals from making such reckless decisions.
In addition to prison time and fines, you often must complete mandatory community service. The court will set a particular number of hours for you to serve. You could also be required to attend alcohol education programs, which, in this case, seek to help you understand the risks associated with driving under the influence of alcohol as well as the effects of their actions on society. Moreover, the court could demand that you install an ignition interlock device in your car.
The legal impacts extend past just immediate penalties. A DWI conviction that involves a child passenger can have permanent effects on your personal and professional lives. It could negatively affect your job search, strain your relationships, and possibly result in restrictions on your parental rights.
Suspension of Commercial Driver’s Licenses
A DWI arrest leads to two different and serious legal proceedings that directly affect your CDL and your ability to earn a living.
Administrative License Suspension
Should you not pass or refuse a breathalyzer test, the Texas Department of Public Safety (DPS) can immediately suspend your Commercial Driver’s License (CDL). This administrative action takes place even if there is no DWI conviction. You have only 15 days from the arrest date to request a hearing to oppose this suspension. If you do not act on time, the suspension will kick in automatically, significantly affecting your capacity to drive commercially.
Criminal Court Process
At the same time, you will deal with the criminal court procedure to resolve the DWI charge. Should you be found guilty of a first-time commercial DWI, you will be disqualified from driving a commercial vehicle for one year. If hazardous materials were involved in your case, this disqualification changes to 3 years.
A second DWI conviction will permanently revoke your CDL, thereby ending your career in commercial driving.
You can face a license suspension as a commercial driver, even if you are behind the wheel of a personal vehicle. Should your blood alcohol concentration (BAC) hit 0.08 or more, you will lose your Commercial Driver’s License.
Having your CDL suspended can seriously affect your job prospects in various ways. A valid commercial driver’s license is essential for many transportation industry positions. If your CDL gets suspended, you will become ineligible for a range of driving jobs, which reduces your opportunities in a field known for stable employment and competitive wages.
Employers' high value on safety and reliability makes a suspended CDL a cause for concern about your commitment to safe driving. This situation might lead hiring managers to view your suspension as a red flag, decreasing their likelihood of considering your application. This perception seriously affects your ability to secure positions, regardless of whether they are directly driving-related.
Should you already be a commercial driver, a suspension could mean losing your job immediately. Many firms enforce strict policies about driver qualifications. A suspended CDL can violate these standards. Consequently, you may find yourself out of a job and need to look for new career opportunities.
Furthermore, having your CDL suspended can change your future career path. You might have to find work outside the driving field, which usually requires retraining or developing new skills. This movement can influence your economic stability since you might have to deal with diminished income or uncertain job security in a different profession.
Non-Disclosure of DWI Convictions
An individual convicted of a DWI finds that the record remains, and expungement is usually not an option. Expungement totally removes an offense from your criminal record, as though the incident never happened. Texas law does not permit the expungement of DWI convictions.
However, you can work towards sealing your record using the non-disclosure process. This option curtails access to your DWI conviction, successfully keeping it hidden from most employers and the public. To qualify for non-disclosure, you usually have to fulfill defined criteria. For example, you must:
- Finish your probation
- Settle any fines or restitution, and
- Avoid further offenses
After you obtain a non-disclosure order, many potential employers, lenders, and organizations will be unable to see the DWI conviction during background checks. This can markedly improve your job prospects and financial opportunities since many entities take criminal histories into account when deciding whom to hire. However, particular groups, including law enforcement and certain government agencies, could still gain access to your sealed record.
Find a Fort Worth Criminal Defense Attorney Near Me
The penalties for DWI can seriously affect your life for years to come. A first conviction, even with heavy fines and the chance of jail time, can significantly alter your future. The stakes increase sharply for repeat offenses, and you may face felony charges. These penalties extend beyond the courtroom, impacting your career opportunities, personal liberties, and financial security for years to come.
When facing a DWI charge, you should act swiftly and hire a competent criminal defense attorney. He/she will help you to better understand your rights and build a solid defense that could help lessen the penalties if convicted. Contact the Fort Worth DWI Defense Lawyer team today at 817-470-2128, and let us defend your rights and explore your legal options.
