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Statutory
penalties for conviction or plea in a DWI case
This page is designed to be a brief summary of the statutory
penalties for conviction or plea in a DWI case. There is a wide and
varied realm of possibilities. This is designed to give you a
brief, thumbnail sketch of the basic penalties involved. It will be
necessary to consult with a qualified criminal defense lawyer as to
the actual and specific full range of penalties that you may be
exposed for a conviction or plea to the charge. Texas Penal Code
Chapter 49 regulates the charge of Driving While Intoxicated. Any
disposition of your case, short of dismissal or acquittal (in other
words, probation or jail time), will be considered to be a final
conviction and will remain on your record forever.
First
Offense
Incarceration:
72 hours to 180 days in county jail (3 days mandatory as condition
of probation)
Fine: Not less than $100, not more than $2000.
Community Service (as condition of probation): 24 – 100 hours
Second
Offense
Incarceration:
Minimum sentence of 30 days – 1 year in county jail (30 days
mandatory as condition of probation)
Fine: Up to $4,000.
License suspension is for 180 days - 1 year.
Community service: 80 – 200 hours
Third
Offense
Incarceration
not to be less that 2 – 10 years in State prison (180 days county
jail mandatory as condition of probation)
Fine: Up to $10,000.
License suspension is for 2 years.
Community service: 160 - 600 hours.
SUBSEQUENT OFFENSES
Texas
Penal Code Chapter 49.09 establishes a 10-year period for
determining subsequent offenses. The 10-year period encompasses the
date of the end of probation of the prior DWI offense to the date
of arrest of the subsequent DWI offense. This 10-year period
creates a minimum statutory timeline for determining whether a
person is charged with a second or subsequent offense DWI. Even if
your subsequent DWI arrest falls outside of the 10-year time frame,
it is still within the deciding judge’s discretion to impose
penalties beyond the mandatory minimums. In any criminal case a
judge will review a defendant’s criminal record in determining
punishment.
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