In Texas, DWI is defined as the operation of a motor vehicle in a public place while intoxicated. In the charging instrument, the State must include the name of the defendant, the alleged date of the offense, and the county in which it occurred. Under Texas law, there are three ways to prove intoxication: (1) loss of normal use of mental faculties; OR (2) loss of the normal use of physical faculties; OR (3) Defendant had a breath alcohol content of .08 or higher due to the introduction of alcohol and or drugs, or a combination of alcohol and drugs into the body.
DWI 1ST
A first DWI offense is classified as a Class B misdemeanor which carries a maximum jail sentence of 180 days and a maximum $2,000.00 fine. However, if after a breath or blood test, your BAC at the time of driving was .15 or higher, you will be charged with a Class A misdemeanor which carries a maximum jail sentence of 1 year and a maximum $4,000.00 fine. Your driver license or driving privileges will automatically be suspended by the Texas Department of Public Safety, 15 days from the date of the arrest unless an Administrative License Revocation (ALR) hearing is requested for 90 days to 1 year. This will result in a license renewal surcharge of up to $2000 each year for the following 3 years to have your privileges reinstated once you are eligible.
DWI 2ND
A second DWI offense is classified as a Class A misdemeanor which carries a 30 day to 1-year jail sentence, maximum $4,000.00 fine, and a 6 month to 2-year suspension of your driving privileges. This will result in a license renewal surcharge of up to $2000 each year for the following 3 years to have your privileges reinstated once you are eligible.
DWI 3RD
A third DWI offense is classified as a third-degree felony which carries a 2-10 year prison sentence, maximum $10,000.00 fine, and a 6 month to 2-year suspension of your driving privileges. This will result in a license renewal surcharge of up to $2000 each year for the following 3 years to have your privileges reinstated once you are eligible.
DWI 4TH
A fourth or subsequent DWI carries a 2-10 year prison sentence, maximum $10,000.00 fine, and a 6 month to 2-year suspension of your driving privileges. This will result in a license renewal surcharge of up to $2000 each year for the following 3 years to have your privileges reinstated once you are eligible.