Driving while your mental or physical faculties are impaired is a crime in the United States and under Texas law. If you’ve been charged with a DUI or DWI in Texas, you could be facing considerable penalties.
Keep reading to learn what is the penalty for drunk driving in Texas, and remember that a San Antonio drunk driving defense lawyer can help you work to reduce the penalties and charges against you.
What Are the Charges for a DWI Conviction?
One major factor in the penalties you’re likely to face for drunk driving will be the type of charges against you. In most cases, a first-offense DWI is typically charged as a Class B misdemeanor under Texas DWI laws. However, there are many details that can see your charges increased. For instance, driving a motor vehicle with a child in the car can bump your charges up to a state jail felony. Meanwhile, repeat offenders will also see higher charges, with a third-offense DWI being charged as a third-degree felony usually carrying a jail sentence. Lastly, those with a higher blood alcohol concentration may also face elevated charges.
DWI and DUI Penalties for Minors
The penalties for DUI and DWI charges vary depending on the age of the accused. For individuals under the age of 21, you could be facing the following Texas DWI penalties:
- A fine of up to $500
- License suspension of up to one year
- A 12+ hour alcohol education program
Keep in mind that your license may be suspended for an additional 90 days if you fail to complete your alcohol education program after a DWI in Texas. You may also face different license penalty lengths if your judge assigns community service hours.
DWI and DUI Penalties for Adults
When it comes to the penalties for drunk driving for adults, the consequences you’ll face will depend on how many times you’ve been charged with the same crime, as well as circumstances related to your DWI conviction. Keep in mind that you may not face every penalty, depending on the severity of the accusations against you.
A child passenger is anyone under the age of 15.
Penalties for DWI and DUI First Offense
- Between 3 and 180 days of jail time
- A fine of up to $2,000
- DWI education or intervention
- Up to 2-year license suspension
- An annual fine of up to $2,000 for 3 years to keep your license
- Ignition interlock device
Penalties for DWI and DUI Second Offense
- Between 1 month and 1 year of jail time
- A fine of up to $4,000
- DWI education or intervention
- Up to 2-year license suspension
- An annual fine of up to $2,000 for 3 years to keep your license
- Ignition interlock device
Penalties for DWI and DUI Third Offense and Beyond
- Between 2 years and 10 years in state prison
- A fine of up to $10,000
- DWI education or intervention
- Up to 2-year license suspension
- An annual fine of up to $2,000 for 3 years to keep your license
- Ignition interlock device
Penalties for DWI and DUI With a Child Passenger
- Up to 2 years of jail time
- A fine of up to $10,000
- Up to 180-day license suspension
Intoxication Assault
- Between 2 and 10 years in prison
- Up to $10,000 in fines
- Driver’s license suspension of between 180 days and 2 years
- DWI education or intervention
- Ignition interlock device
The penalties for drunk driving with a child passenger may stack on top of your penalties for drunk driving, meaning a third offense could still land you in state prison for 10 years or longer. Like other types of offenses, the charges for intoxication assault may also increase with aggravating factors, such as serious bodily injury.
Get Fierce San Antonio Criminal Law Defense for a DWI in Texas
These are just a few of the ways that a DUI or DWI case can land you with criminal penalties. There are related offenses, such as refusing or failing a chemical test, which can see your penalties increased. There are also more severe offenses related to drunk driving, such as intoxication manslaughter, that can cause even more serious penalties.
Determining what penalties you could be facing for a DWI or DUI charge in San Antonio can be complicated, but a San Antonio DUI defense attorney can help you figure out what you’re facing and how to fight it. Don’t face the process of fighting for your rights on your own. Get help from San Antonio DWI and DUI defense lawyer John G. Perez Jr.