Driving While Intoxicated (DWI): Definitions and Penalties

What is a Charge of DWI?


· If you possess a regular driver’s license, and you are found to have been driving in Texas with a Blood Alcohol Content (BAC) of 0.08% or higher, then you may be charged with DWI, or Driving While Intoxicated;


· It is important to note that the definition of DWI is simply that one’s physical and/or mental faculties were impaired while he or she was driving. As such, the charge of DWI is not limited to only being a charge involving intoxication from alcohol. It can also arise out of intoxication from drugs, including illegal narcotics or even legal prescription drugs.


· If you are found to have been driving in Texas with a BAC of 0.12% or higher, then you may be subject to higher penalties for DWI than if your BAC was only higher than 0.08% (but below 0.12%);


· If you are the holder of a Commercial Driver’s License (CDL), and you are found to have been driving any vehicle in Texas, commercial or otherwise, with a BAC of only 0.04% or higher, then you may be charged with DWI. In this case, a conviction will result in an automatic revocation of your CDL;


· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you caused an accident resulting in specific injuries, then you may be charged with Intoxication Assault;


· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you had a child under the age of fifteen in the vehicle with you at the time, you may be charged with a State Jail Felony DWI with a Child Passenger;


· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you caused an accident where death occurs, you may be charged with Intoxication Manslaughter;



DWI Penalties:


A First Offense DWI is a “Class B” Misdemeanor that may lead to the following penalties:



· A fine of up to $2,000;

· Incarceration (Jail) for up to 180 days;

· Suspension of your driver’s license;

[A qualified attorney may be able to secure an Occupational Driver’s License (a restricted non-commercial license issued to persons whose Class C license has been suspended or revoked for certain offenses) for you depending on the circumstances of your case.]

· Mandatory participation in alcohol education classes;


A Second-Offense DWI is a “Class A” Misdemeanor that may carry to the following penalties:



· A fine of up to $4,000;

· Incarceration (Jail) for up to one year;

· A lengthy suspension of your driver’s license;

· A defined period of community service;



A Third-Offense DWI is a Third Degree Felony that may carry the following penalties:



· A fine of up to $10,000;

· Incarceration (Jail) for up to ten years;

· A significantly lengthy suspension of your driver’s license;

· Possible defined period of community service;

· Installation of Ignition Interlock Device on your vehicle, and the assessment of an initial installation fee and recurring monthly monitoring fees;

· Possible Inpatient Substance Abuse Treatment;

· Possible Extended Probation depending on completion of classes on alcohol education with an agreement to undertake a mandatory prescription of Ant-abuse;



Intoxication Assault is a Third Degree Felony that may lead carry the following penalties:



· A fine of up to $10,000;

· Incarceration (Jail) for up to ten years;

· A significantly lengthy suspension of your driver’s license;

· Possible defined period of community service;



Intoxication Manslaughter is a Second Degree Felony. It may carry the following penalties:



· A fine of up to $10,000

· Incarceration (Jail) for a minimum of two years, up to a maximum 20 years;

· Possible defined period of community service and/or mandatory classes on alcohol education;

· Permanent revocation of your Driver’s License;