Introduction to DWI in Texas
Driving while intoxicated (DWI) is a serious offense that carries significant legal consequences in the state of Texas. If you find yourself facing a DWI charge, it’s crucial to understand the specific laws, penalties, and classifications associated with DWI offenses. In this blog post, we will provide you with valuable information regarding DWI laws in Texas, including penal codes, fines, and the classification of offenses.
I. DWI Offenses & Their Classifications:
Under Texas law, DWI offenses are classified based on various factors, including prior convictions, blood alcohol concentration (BAC) level, and the presence of certain aggravating factors. Let’s explore the classifications in more detail:
- First-Offense DWI (Class B Misdemeanor): For a first-time DWI offense, an individual may face the following penalties: A jail term ranging from a minimum of 72 hours to 180 days. A license suspension of up to one year. Mandatory attendance at an alcohol education program.
- Second DWI Offense (Class A Misdemeanor): If convicted of a second DWI offense, the penalties include: A jail term ranging from a minimum of 30 days to one year, a license suspension of up to two years. Mandatory installation of an ignition interlock device (IID) on the offender’s vehicle
- Third DWI Offense, or more subsequent offenses (Third-Degree Felony): A third or more DWI offense carries severe penalties, including: A prison term ranging from two to ten years, a license suspension of up to two years. Mandatory Ignition Interlock Device (car-breathalyzer) installation
- Intoxication Assault (Third-Degree Felony) and Manslaughter (Second-Degree Felony): If an individual causes serious bodily injury or death while operating a vehicle under the influence of alcohol or drugs, they may face charges of intoxication assault or manslaughter, respectively. Penalties for these offenses include significant fines, lengthy prison terms, and potential license revocation.
II. DWI Penal Codes in Texas
The Texas Penal Code addresses various aspects of DWI offenses. Some of the relevant codes include:
- Driving While Intoxicated (DWI) – Penal Code § 49.04: This code section defines DWI as operating a motor vehicle in a public place while intoxicated. See the ranges above.
- Intoxication Assault – Penal Code § 49.07: This code section pertains to situations where an intoxicated individual causes serious bodily injury to another person. This is a third-degree felony, the range of punishment is a minimum of 2 years in prison to a maximum of 10 years in prison, and under certain circumstances probation for a maximum of 10 years.
- Intoxication Manslaughter – Penal Code § 49.08: This code applies when an intoxicated individual causes the death of another person. This is a second-degree felony. The range of punishment is a minimum of 2 years in prison and up to a maximum of 20 years in prison, and under certain circumstances probation for a maximum of 10 years.
III. Fines, Fees, and Court costs.
Typically a Class B misdemeanor carries a possibility of a fine not to exceed $2,000.00, a Class A misdemeanor carries a possibility of a fine not to exceed $4,000.00, a state jail felony, third degree felony, and first degree felonies carry a possibility of a fine not to exceed $10,000.00 However new legislation was enacted and effective September 1, 2019, provides a “super fine” of $3,000.00 for a first conviction of operating a motor vehicle while intoxicated within a 36-month period; $4,500.00 for a second or subsequent conviction within a 36-month period; and $6,000.00 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed. Added by Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 14, eff. September 1, 2019. A person who is found guilty of DWI will also face fees and costs of the court which could add up to thousands of dollars.
IV. Seeking Legal Assistance
If you or a loved one is facing DWI charges, it’s crucial to seek experienced and local legal representation to navigate the complexities of the legal system. Sarabia Law Firm, PLLC is here to help you understand your rights, build a strong defense strategy, and strive for the best possible outcome in your case. Our experienced attorneys have a deep understanding of DWI laws in Texas and can guide you through every step of the legal process. We will thoroughly analyze the details of your case, challenge any inconsistencies or errors, and work tirelessly to protect your rights and interests.
Conclusion
Understanding DWI laws in Texas is essential for anyone facing a DWI charge. The penalties and classifications of offenses can have a significant impact on your future. If you need expert legal assistance, don’t hesitate to contact Sarabia Law Firm, PLLC. Our dedicated team of attorneys is ready to provide you with personalized guidance.