Penalties For DWI (Driving While Intoxicated) in Texas
Every state sets forth comprehensive laws defining the punishment for DWI. Driving while intoxicated in the state of Texas is a serious crime that will, in most cases, end up costing an individual significantly more than it is worth.
DWI is rated as a Class B Misdemeanor for a first offense in the State of Texas. The first offense may result in a fine of up to two thousand dollars and/or a sentence ranging from seventy-two hours to six months in jail. An individual who is arrested for DWI may also be sentenced to community service, which the range of which can span a sentence of twenty-four to one hundred hours. If an open container of alcohol is found inside of the vehicle at the time of the arrest, the driver is automatically sentenced to a minimum of six days in county jail.
In addition to the punishments referenced above, some conditions of probation may be ordered to an offender as well. The judge may order alcohol treatment through AA (Alcoholics Anonymous) or another similar counseling program. Confinement may result in extreme circumstances, or restitution may be ordered to pay an affected party in the case of a DWI-related accident. The judge may also sentence the offender with enhanced penalties if the individual has any prior offenses for Driving While Intoxicated and may restrict the offender from consuming any alcohol during the probation period.
A second DWI offense in the state of Texas is classified as a Class A Misdemeanor. This offense can result in a fine of up to four thousand dollars and up to one year in prison. The judge may also choose to sentence an offender to between eighty and two hundred hours of community service. A Second offense may also result in the suspension of the offender’s license for a period of six months to up to two years. A deep lung air device is also required for all second DWI offenders.
If an individual is arrested for a third DWI offense, this is considered to be a Third degree Felony and the offender will likely be subjected to more severe penalties. A third offense DWI will result in a fine of up to ten thousand dollars, and up to ten years in state prison. A deep lung air device will be ordered to individuals with three DWI offenses as a condition of bond and possibly a condition for release from prison. Community service may be ordered for a period of between one hundred sixty hours up to six hundred hours. A third arrest for driving while intoxicated in Texas may also have their license suspended for up to two years. If an individual is arrested for three counts of DWI, this is an indication to the court that the offender has a serious problem with alcohol consumption. The judge may order rehabilitative treatment which requires confinement in a state alcohol rehabilitation facility.
If an individual commits assault while intoxicated, during the process of operating a vehicle, they will be arrested for intoxication assault. This is a third degree felony which will result in up to ten thousand dollars in fines and a jail sentence from two to ten years. The offender may also be sentenced to up to six hundred hours of community service.
Intoxication manslaughter takes place when a person operates a vehicle in a public place and causes death to another person. This is a second degree felony and will result in fines up to ten thousand dollars and a jail sentence from two to twenty years. The judge may also order between two hundred forty and eight hundred hours of community service.
Author Bio: Christine enjoys writing about Texas law. If you have been arrested for Driving While Intoxicated, or any other alcohol related offenses, contact an experienced, aggressive DWI attorney in Houston for a free consultation today.
Category: Legal
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