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Texas DWI Information



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DWI is a Serious Offense, Hire a Texas Attorney Today

Texas most frequently uses the term DWI or driving while intoxicated, rather than DUI. But regardless of the term used, there are very serious consequences for a DWI arrest. Drivers who are arrested for this may also face an Administrative License Suspension in addition to criminal charges.

Texas drivers who have been arrested should find a DWI lawyer as soon as possible. The attorney that you hire can review the arrest and evaluate whether or not the Texas law enforcement officer followed all the standard procedures and whether the machines which were used to test were correctly calibrated. DUI arrests have serious consequences and you should not fight your DUI arrest in Texas alone.

Being charged with drunk driving is a very serious offense and should be handled accordingly, with the knowledge and expertise of a Texas DWI attorney. DWI/DUI convictions have huge consequences which can affect your current and future employment and your everyday freedoms. It is in your best interest to find and hire a knowledgeable DUI Lawyer in Texas today.

Complete our Free Case Evaluation form today and a Texas DWI Lawyer will review your case for FREE!



Texas Penalties and Fines, per DWI Offense

-Be careful, penalties get more severe with each DWI offense


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First DWI Offense in Texas

The first DWI arrest in Texas is a Class B Misdemeanor and penalties can include the following:

  1. Up to 180 days in jail
  2. DWI/DUI Fines up to $2,000
  3. Up to $10,000 if a child under 15 years old was in vehicle
  4. Potential community services for at least 24 hours but not more than 100 hours
  5. Drivers License Suspension from 90 days to 365 days

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Second offense for DWI in Texas

  1. A condition of release by the court may include a mandatory installation of a deep lung machine in the suspect’s car.
  2. DWI with a minor - Fines up to $4,000, $10,000 if a child under 15 years old was in vehicle
  3. Jail confinement of no less than 72 hours but no more than one year
  4. At least 80 hours of community service but no more than 200 hours
  5. License suspension for at least 80 days but less than two years
  6. $1,500 DWI Surchage per year for 3 more years
  7. Ignition Interlock Device

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Third offense for DWI in Texas

The third DUI/DWI arrest in Texas is a third degree felony and penalties can include the following:

  1. Fines up to $10,000
  2. Prison term for two to ten years
  3. Mandatory installation of a deep lung air device is usually ordered as a condition of bond or release
  4. Community service must also be completed for 160 to 600 hours
  5. Suspension of a driver’s license for 180 days to 2 years
  6. Mandatory alcohol and/or drug treatment programs

After the third Texas DWI Conviction the punishment is usually prison for up to 10 years with no probation offered.


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Texas DWI Charges


If you have been charged for DWI or driving under the influence in any city in Texas, including Austin, Arlington, Dallas, Houston, Caldwell, Calhoun or Callahan County, you may need the assistance of a DWI lawyer.

Did you know that it is illegal in every state to drive with a blood alcohol concentration of 0.08% or higher? Did you know that if a police officer does not think you can safely operate your vehicle you could be stopped and arrested for driving under the influence in Texas regardless of your blood alcohol concentration level?

A Texas DWI arrest can have severe long-term consequences including: severe penalties, probation, jail time, mandatory installation of an ignition interlock device and mandatory alcohol education classes.

If you have been arrested for DWI charges in Texas, whether it is your first DUI arrest or you are a multiple offender, a DUI attorney in Texas can help. Most DWI lawyers offer a free initial consultation so they can review all of the evidence for your case before deciding on a plea.


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Texas DWI Statutes and Law


Sec. 49.04. DRIVING WHILE INTOXICATED.

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown 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 B misdemeanor, with a minimum term of confinement of six days.


Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a state jail felony.

Sec. 49.05. FLYING WHILE INTOXICATED.

(a) A person commits an offense if the person is intoxicated while operating an aircraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

Sec. 49.06. BOATING WHILE INTOXICATED.

(a) A person commits an offense if the person is intoxicated while operating a watercraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

Sec. 49.08. INTOXICATION MANSLAUGHTER.

(a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.

Sec. 49.10. NO DEFENSE.

In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.

Sec. 49.11. PROOF OF MENTAL STATE UNNECESSARY.

(a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.
(b) Subsection (a) does not apply to an offense under Section 49.031.

Sec. 49.12. APPLICABILITY TO CERTAIN CONDUCT.

Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child.

More on PENAL CODE, TITLE 10, CHAPTER 49


Fight your DWI license suspension with a Texas DUI attorney now!

Under Texas Implied Consent Laws, Texas drivers have given their implied consent to submit to a chemical test of their breath, blood or urine. Refusing to submit to a chemical test can allow the state to suspend a driver’s license. Texas drivers have 15 days from the date of their DUI arrest to challenge their license suspension. If you have had your license suspended, a DUI lawyer in Texas can schedule the hearing and represent you at the hearing. In some cases the court will reverse the suspension or allow an Occupational Driver’s License to be issued to the driver.

Hiring a Texas DWI attorney is always a good idea if you do not have a complete understanding of DUI laws and the suspension penalties you could receive if you are convicted for DWI in Texas. DUI attorneys can review every aspect of your DWI case and answer your questions. DWI lawyers in Texas can defend you throughout the entire criminal process.



Related Texas DWI Pages

Statistics - Texas Drunk Driving Statistics
Sobriety Tests - Texas Sobriety Testing
Pulled Over - What happens when you are pulled over in Texas