DWI Penalties

Texas DWI Penalties

Avoid Maximum Penalties With a Houston DWI Defense Lawyer

Texas police and politicians take drunk driving charges seriously. Harsh penalties may be imposed if you are convicted. If you have been charged, call the Law Offices of Jed Silverman as soon as possible so we can discuss preparing an aggressive defense on your behalf. Do not give up and plead guilty without a fight. A plea bargain is essentially a conviction. With a Houston DWI attorney from our firm to protect your rights, you may be able to avoid maximum penalties or secure a dismissal of your case.

Texas Penal Code § 49.04 defines the offense of driving while intoxicated (DWI) and classifies it as a Class A or Class B misdemeanor depending on the defendant’s blood alcohol concentration (BAC). DWI may be a felony if the offender has prior convictions or a child in the car at the time of his or her arrest. According to the Texas Department of Transportation, the following maximum penalties may be imposed for a DWI conviction:

First Offense DWI with .08% BAC (Class B Misdemeanor)

  • $2,000 fine
  • Six months in county jail
  • 100 hours community service

Second Offense DWI with .08% BAC (Class A Misdemeanor)

  • $4,000 fine
  • One year in county jail
  • 200 hours community service
  • Two-year driver's license suspension

Is DWI a Felony in Texas?

Third Offense DWI or Felony DWI with .08% BAC (Third Degree Felony)

  • $10,000 fine
  • 10 years in state prison
  • 600 hours community service
  • Two-year driver’s license suspension
  • Mandatory ignition interlock device in vehicle

Intoxication Assault, Causing Injury in a DWI Accident (Third Degree Felony)

  • $10,000 fine
  • 10 years in state prison
  • 600 hours community service

Intoxication Manslaughter, Causing Death in a DWI Accident (Second Degree Felony)

  • $10,000 fine
  • 20 years in state prison
  • 800 hours community service

In addition to the above sentences, you may also face supervisory fees, license suspension hearings, and reinstatement penalties relating to traffic violations and property damage.

Call Our Office at (713) 597-2221

In the face of jail or prison time, fines, license suspension and other serious penalties, it is crucial that you involve a competent legal professional in a timely manner. At the Law Offices of Jed Silverman, we are ready to fight your charges in order to help you avoid penalties. 


Contact a DWI lawyer from our Houston-based firm to get started.


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