DWI–A PERSON COMMITS AN OFFENSE IF THE PERSON IS INTOXICATED WHILE OPERATING A MOTOR VEHICLE IN A PUBLIC PLACE WHILE HAVING AN ALCOHOL CONCENTRATION OF 0.08 OR MORE IN HIS BLOOD, BREATH, OR URINE.    Section 49.04 of the Texas Penal Code

DWI 1ST OFFENSE: This is a class B Misdemeanor.  A conviction carries a fine up to $2,000, and/or the possibility of serving time in jail for 3 to 180 days, in addition to driver’s license suspension from 90 to 365 days. If you had an open container of alcohol in your car, you also face a minimum of 6 days in jail and a fine of up to $2,000.

Most people convicted of a first DWI offense do not serve any jail time. They are technically sentenced to jail, but the jail sentence is suspended and they are put on community supervision (probation). The probation is generally for a term of one year but under certain circumstances it can be as much as two years or as little as six months. While on community supervision you must do what the judge orders you to do. These directives are called conditions of probation. If the conditions are not followed the judge has the option of revoking your community supervision and putting you in jail for any number of days up to the original jail sentence you received that was suspended. The judge can order any reasonable condition of your probation.

If it is shwn on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class Be misdemeanor, with a minimum term of confinement of six days.

For a first offense DWI you must  do  between  24  and  80  hours  community service. The type of community service varies. Abstain from  the  use  of alcohol  and any non prescription medication. You cannot enter bars, taverns and  lounges. You may never become intoxicated.  You must attend DWI  Education classes.  You must attend what is called a Victim Impact Panel.  This is presented by M.A.D.D. It is designed to educate on the  dangers of DWI. Get a drug and alcohol evaluation.

DWI 2ND OFFENSE: This is a class A Misdemeanor.  A conviction carries a fine of up to $4,000, and/or jail from 30 days to one year in addition to a driver’s license suspension from 180 days to 2 years.

The additional requirements that are generally required on a second offense are as follows: You must serve jail time as a condition of your probation up to a maximum of 30 days. The community service must be from 80 to 200 hours. You will be required to have Ignition Interlock Device installed in your vehicle although this requirement can be changed if good cause is shown to the convicting court. This is a deep lung air machine that will be hooked up to your vehicle’s ignition system. You will have to blow into it before your car can be started, and it will not allow your car to start if any alcohol is detected on your breath. If the machine detects any alcohol on your breath, it will be automatically reported to your probation officer, and your probation may be revoked.

DWI 3rd OFFENSE: This is a 3rd degree Felony.  A conviction can result in a fine of us to $10,000 and from two years to ten years of imprisonment.  In addition, your driver’s license can be suspended from 180 days to 2 years.
If you are convicted of a third DWI offense, you will only be eligible for probation under certain circumstances. If you are eligible for probation, the term shall be from 2 to 10 years. The courts will look at many factors to determine whether or not to sentence you to probation for a third DWI conviction.

Some of these factors are:

(1) the length of time since your last DWI conviction;
(2) how you have done on probation in the past;
(3) the severity of the facts of your current case;
(4) whether or not there was an accident;
(5) your blood/breath alcohol concentration, if you took chemical tests;
(6) other aggravating factors in your case.

PROBATION: The following conditions of probation (in addition to the conditions above for a second DWI) will likely be required if you are sentenced to felony probation for a third DWI. Community service hours rise from 160 to 600 hours. You must serve jail time as a condition of probation. The minimum term of 10 days and the maximum term of 180 days.  Typically the Court will require an alcohol treatment  program.

Intoxication Assault: This is a 3rd Degree Felony.  This is what you will be charged with when you are involved in an accident causing serious bodily injury that was due to intoxication.  If convicted, you can serve a minimum of 2 years in jail and a maximum of 10 years.

An individual can be convicted of intoxication assault if they drive while intoxicated, an accident occurs, and intoxication is a proximate cause of serious bodily injury to another person. The Texas legislature defines serious bodily injury as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

PENALTY: Up to $10,000 fine 2 to 10 years in the state penitentiary Drivers license suspension from 180 days to one year

PROBATION: If convicted of intoxicated assault, you will be eligible for probation under certain circumstances. The severity of any resulting injuries and your prior criminal record are some of the relevant factors that a court will consider in determining whether or not to sentence you to probation. The following conditions (in addition to the conditions mentioned above for DWI) will likely be required if you are granted probation for an intoxicated assault: You must serve jail time as a condition of probation. (The minimum term of 30 days and the maximum term of 180 days.) Community service hours from 160 to 600 hours. There court may require various types of inpatient and out-patient alcohol treatment programs.

Intoxication Manslaughter: This is a 2nd Degree Felony.    If you are involved in an accident while intoxicated that is the proximate cause of a death you will be facing a fine of up to $10,000, and face imprisonment from 2 to 20 years.

A individual can be convicted of intoxicated manslaughter if they drive while intoxicated and intoxication is the proximate cause of death of another person either by accident or by mistake.

PENALTY: Up to $10,000 fine 2 to 20 years in the state penitentiary Drivers license suspension from 180 days to 2 years

PROBATION: If you are convicted of intoxication manslaughter, you could still be eligible for probation. However, it is very difficult to get. Usually, if you want probation supervision you will have to try your case to a jury. If a person receives probation (in addition to the conditions above for felony DWI) the following conditions apply. You must serve jail time as a condition of probation There is a minimum term of 120 days and the maximum term of 180 days. You can expect to be ordered to do community service from 240 to 800 hours.

Driving While License Suspended (DWLS)-If your license is suspended for any reason and you drive, you could be convicted of Class B Misdemeanor if you get caught. These penalties increase dramatically if you are caught more than once (resulting in a Class A Misdemeanor). 3 days to 180 days in jail $100 – $500 fine

Call the office of Lynn Carroll, Attorney  at 214-749-7777 to set up a free 30 minute consultation with the attorney.  All information received is confidential.   We provide services in Dallas, Ft. Worth, Denton, McKinney, Terrell, Greenville, Kaufman, Ennis and other communities in the North Texas area.  With 15 years of experience, Lynn Carroll can help you. 

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