Driving While Intoxicated / Boating While Intoxicated Penalties
DWI - 1st / BWI - 1st A DWI-1st or BWI-1st is a class B misdemeanor with a breath or blood alcohol concentration below 0.15%. A DWI-1st or BWI-1st with a breath or blood alcohol concentration above a 0.15% is a class A misdemeanor.
Class B misdemeanor DWIs or BWIs in Texas range from a minimum of 72 hours continuous confinement up to 180 days in the county jail of arrest, in addition of a fine not to exceed $2,000.00.
Class A misdemeanor DWI-1st or BWI-1st (without any prior DWI or BWI convictions) in Texas range from a minimum of 72 hours continuous confinement up to 1 year in the county jail of your arrest, in addition of a fine not to exceed $4,000.00.
DWI – 2nd / BWI – 2nd A DWI-2nd or BWI-2nd is a class A misdemeanor in Texas. In order to be charged with DWI-2nd or BWI-2nd, a person must have a final DWI or BWI conviction in Texas or another state at the time of their new arrest for DWI in order to be charged as a DWI-2nd or BWI-2nd.
The range of punishment for class A misdmeanor DWI-2nd or BWI-2nd carries a range of punishment from a minimum for 30 days to 1 year in the county jail of the arrest, and a fine up $4,000.00. Texas law requires 3 days minimum jail time as a condition of any probation if the prior DWI conviction was beyond 5 years of the date of the new DWI or BWI arrest. Whereas Texas law imposes 5 days minimum jail sentence as a condition of any DWI-2nd or BWI-2nd probation if the prior DWI or BWI conviction was within 5 years of the date of the new DWI arrest. There will also be a license suspension for a minimum of 90 days up to 2 years. In the event of a license suspension, a person can petition the court for an occupation driver's license that, when granted, allows a person to continue driving a vehicle equipped with an ignition interlock device.
DWI with a child: A DWI with a child passenger 14 years or under is a state jail felony punishable by a minimum of 6 months and up to 2 years in a state jail facility, and a fine up to $10,000. There can be a license suspension from 90 days up to 2 years.
DWI – 3rd / BWI – 3rd A third DWI or BWI is a 3rd degree felony in Texas. In order to be charged with felony DWI in Texas, a person must have two final DWI or BWI convictions, or a final intoxication assault conviction, or a final intoxication manslaughter conviction, or a final intoxication assault conviction in Texas or another state at the time of their new arrest for DWI or BWI in order to be charged with felony DWI or BWI.
The range of punishment for 3rd degree felony carries a range of punishment from a minimum of 2 years prison up to a maximum of 10 years prison, and a fine up $10,000.00. Texas law requires 10 days minimum jail time as a condition of any probation if granted.
