Many people still drink and drive, even though it is clearly illegal in Texas and all 50 states. If you have a blood alcohol concentration (BAC) of .08, then you can be arrested for driving while intoxicated (DWI) in Texas. However, if you are impaired by alcohol or drug while driving, then you can still be arrested, regardless of your BAC.
DWI offenses are taken seriously in Texas. Even for a first offense, you will face license suspension, jail time, and other penalties. If you have been arrested and charged with a DWI, it’s important that you know what to expect. Here are the penalties based on the number of DWI offenses.
First Offense
For a first-time offender, the penalties for a DWI charge are still pretty steep. A person will lose their driver’s license for one year. They could also spend up to 180 days in jail (three days is the mandatory minimum) and face a fine of up to $2,000. There is an additional state fine of $3,000 assessed upon sentencing.
Second Offense
For a second offense, some of the penalties are doubled. For example, you will lose your driver’s license for two years and face a fine of up to $4,000. As for jail time, expect at least one month of incarceration, with up to one year possible. There is an additional state fine of $4,500.
Third Offense
For a third DWI offense, you will still lose your driver’s license for two years. However, you will now face 2-10 years in prison. Plus, the fine increases to $10,000. There is an additional state fine of $6,000.
Aggravating Circumstances
There are certain instances in which your penalties can be elevated. You may be charged with an aggravated DWI in the following situations:
- Impaired driving with a child passenger. If driving impaired with a child under the age of 15 in your vehicle, you will be charged with child endangerment. You will be fined up to an additional $10,000 and face up to two years in jail. You will also lose your driver's license for an additional 180 days.
- Enhanced BAC. If your BAC was at least 0.15, this is nearly double the legal limit. You will face up to one year in jail time and a maximum fine of $4,000.
- Injury or death. If you injured or killed someone while under the influence, you could face intoxicated manslaughter or intoxicated assault charges. You could face up to 20 years in prison and a fine of up to $10,000.
Contact Our Austin TX DWI Defense Lawyers Today
While a DWI is often charged as a misdemeanor, it should not be taken lightly. Such a charge comes with serious ramifications that can affect your life for many years.
Do not ignore the charges. See how an Austin criminal defense lawyer from Granger and Mueller PC can provide you with aggressive representation. Schedule a consultation today by calling (512) 474-9999 or filling out the online form.