Question:

What are the penalties for DWI?** 

Answer:

1st Offense

72 hours to 180 days in county jail

$0-$2,000 fine or both such fine and incarceration

Probation can be up to 24 months long and include numerous conditions set by the judge.

License suspension can be from 90 days to 1 year, but completing the 12-hour DWI Education Program within 181 days of the date of sentencing usually prevents this suspension. *ALR is a separate matter that may lead to license suspension.


2nd Offense

30 days - 1 year in county jail

$0-$4,000 fine or both such fine and incarceration

Probation can be up to 24 months long and include numerous conditions set by the judge. Jail time as a condition of probation is normal.

License suspension is from 6 months to 2 years.  If the judge does not set a term of suspension, DPS will suspend your license for 1 year. Completing the required DWI Intervention Program will not prevent suspension of your license. *ALR is a separate matter that may lead to license suspension.


3rd & Subsequent Offense

2-10 years in state prison

and a fine of $0-$10,000

Probation can be up to 10 years long and include numerous conditions set by the judge. Jail is a normal condition of probation, and you may be required to attend a year-long inpatient counseling at a facility run by the prison system as a condition of probation.

License suspension is from 180 days to 2 years.  If the judge does not set a term of suspension, DPS will suspend your license for 1 year. Completing the required DWI Intervention Program will not prevent suspension of your license. *ALR is a separate matter that may lead to license suspension.

Forfeiture of your car is possible, depending upon circumstances.


Intoxication Assault (involves serious bodily injury and can be a first offense)

2-10 years in state prison

and a fine of $0-$10,000

Probation can be up to 10 years long and include numerous conditions set by the judge. Jail is a normal condition of probation, and you may be required to attend a year-long inpatient counseling at a facility run by the prison system as a condition of probation.

License suspension is from 90 days to 1 year.  If the judge does not set a term of suspension, DPS will suspend your license for 1 year. *ALR is a separate matter that may lead to license suspension.

Forfeiture of your car is possible, depending upon circumstances.


Intoxication Manslaughter (involves death and can be a first offense)

2-20 years in state prison and a fine of $0-$10,000

Probation can be up to 10 years long and include numerous conditions set by the judge. A minimum of 120 days jail is a required condition of probation, and you may be required to attend a year-long inpatient counseling at a facility run by the prison system as a condition of probation.

License suspension can be from 6 months to 2 years.  If the judge does not set a term of suspension, DPS will suspend your license for 1 year. *ALR is a separate matter that may lead to license suspension.

Forfeiture of your car is possible, depending upon circumstances.

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*All answers are for people 21 years or older, do not involve enhancements, are not exclusive, and are limited to Texas.

**This page is for informational purposes ONLY and must not be relied upon as legal advice because it is NOT a substitute for the advice of a qualified attorney, nor does it establish an attorney-client relationship.

Not certified by the Texas Board of Legal Specialization.


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