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DWI Penalties in Texas

DWI Penalties | Magaña & Van Dyke

Texas DWI Lawyer Serving Denton County

In Texas, if a person drives on a public road with an alcohol concentration of .08 or higher or when alcohol and/or drugs are impairing their normal faculties, they could be charged with a DWI. Additionally, depending on the circumstances, they may face charges for other intoxication-related crimes, such as intoxication assault. The level of charges ranges from misdemeanors to felonies. The State takes any type of drinking and driving offense seriously and imposes steep conviction penalties. A guilty verdict may result in anywhere from 72 hours in jail to up to 99 years in prison, as well as fines from $2,000 to $10,000.

If you've been charged with a DWI or intoxication-related offense, speak with our Denton criminal defense lawyers as soon as possible. We have taken on numerous drunk driving cases, and we know how to effectively handle these matters. At Magaña & Van Dyke, our team is honest, and we will let you know what to expect throughout the process, as well as the possible DWI penalties you can face. Recognizing that a conviction can profoundly impact your life, we'll also review your legal options and potential defenses that can be raised for your particular circumstances.

Consult with a member of our team during a free consultation by calling us at 940-382-1976 or contacting us online today.

Potential DWI Conviction Penalties by Offense Type

Several factors can affect the level of charge imposed upon you and the punishments you may face. These factors include things such as whether your drunk driving caused injury to another or whether you have prior DWI convictions.

Below are the potential penalties for DWIs and other intoxication-related offenses:

First DWI

  • Class B misdemeanor:
    • A fine of up to $2,000
    • A jail term of up to 180 days, with a minimum term of confinement of 72 hours
      • If an open container of alcohol was in the driver's possession at the time of the incident, the minimum term of confinement is 6 days
    • A driver's license suspension for up to 1 year

Second DWI

  • Class A misdemeanor:
    • A fine of up to $4,000
    • A jail term of up to 1 year, with a minimum term of confinement of 30 days
    • A driver's license suspension for up to 2 years

Third DWI

  • Third-degree felony:
    • A fine of up to $10,000
    • A prison sentence of up to 10 years
    • A driver's license suspension for up to 2 years

DWI With a Child Passenger

  • State jail felony – charged when a driver is operating a vehicle on a public road and a child under 15 years of age is in the vehicle:
    • A fine of up to $10,000
    • A state jail term of up to 2 years
    • A driver's license suspension for up to 2 years

Intoxication Assault

  • Third-degree felony – charged when a person is driving while intoxicated and they cause serious injury to another person:
    • A fine of up to $10,000
    • A prison sentence of up to 10 years
    • A driver's license suspension for up to 1 year
  • Second-degree felony – charged when an intoxicated driver causes serious bodily injury to a firefighter or emergency medical services personnel or when they cause another to suffer a traumatic brain injury that leaves the alleged victim in a vegetative state:
    • A fine of up to $10,000
    • A prison sentence of up to 20 years
  • First-degree felony – charged when a drunk driver causes serious bodily injury to a peace officer or judge:
    • A fine of up to $10,000
    • A prison sentence of up to 99 years

Intoxication Manslaughter

  • Second-degree felony – charged when an intoxicated driver causes the death of another:
    • A fine of up to $10,000
    • A prison sentence of up to 20 years
  • First-degree felony – charged when the driver causes the death of a peace officer, emergency medical services personnel, firefighter, or judge:
    • A fine of up to $10,000
    • A prison term of up to 99 years

Contact a Denton County DWI Defense Attorney

In Texas, the penalties for a DWI can have a lasting impact on your life. To seek to avoid or reduce the punishments, you need a lawyer who will provide aggressive defense and sincere advocacy. When you retain the services of Magaña & Van Dyke, you will have an attorney on your side who will give your case the focus and attention it needs.

We will work toward obtaining a favorable outcome on your behalf. Contact us at 940-382-1976 for a free consultation. We are proud to serve those facing charges in Denton County and the surrounding areas.

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