Texas DWI – 1st Offense, 2nd Offense – Penalties

If you have been arrested on a DWI charge in Texas, you are likely wondering what penalties you may be facing.

The potential punishments for a criminal offense typically depend on whether you have been previously convicted of the crime.

Below we will take a look at the penalties for a first and second offense DWI.

1st Offense

Section 49.04(b) of the Texas Penal Code makes a first offense DWI a Class B misdemeanor.

A first time offender faces a fine up to $2,000 and 72 hours-180 days in jail.

An offender also can lose his or her driver’s license for up to 1 year.

However, if the offender was arrested with a blood alcohol concentration of .15 or more, 49.04(d) tells us the offender can be charged with a Class A misdemeanor.

The offender may then face the same 72 hours-1 year in jail and loss of his or her driver’s license for up to 1 year; however, instead of a $2,000 fine, the offender may face a $4,000 fine.

2nd Offense

A second offense DWI charge in Texas is a Class A misdemeanor.

An offender faces a fine up to $4,000, 30 days-1 year in jail, and the loss of his or her driver’s license for 180 days-1 year.

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DWI Probation

While nothing is certain, DWI offenders in Texas are often sentenced to probation.

As part of their probation, offenders have to follow restrictions set out by the court.

The terms of an offender’s probation are determined by the judge in his or her discretion based on the facts of the case.

This means that every person’s probation will be different. However, offenders are often required to:

  • Pay a portion of their fine;
  • Report to a probation officer;
  • Not drink any alcohol while on probation;
  • Commit no crimes while on probation;
  • Perform community service;
  • Attend an alcohol awareness course;
  • Submit to breath tests;
  • Pay court costs;
  • Remain in the county.

Sources cited:

  1. https://dwiattorneydallas.blogspot.com/
  2. http://criminalawyers1.bravesites.com/