DWI & DUI Penalties
Texas Sentencing & Penalty Guidelines
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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.
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.
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.
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).
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.
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.
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.
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.
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.