DWI Laws and Punishments in Texas

DWI Punishment under Texas Law

If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you are facing a very serious criminal offense that carries with it the prospect of jail time, increased insurance premiums and a permanent stain upon your criminal record. Below are answers to some of the most common questions people ask us about punishment for different types of DWI charges in the state of Texas. If you are charged with drunk driving, we strongly urge you to hire an experienced DWI defense attorney.

What Happens if I am Convicted of DWI (1st offense)?

If you have been arrested and charged with a DWI (1st offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 3 days to 180 days in Tarrant County jail, large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 90 days to 1 year.

Additionally, if you receive community supervision (probation) in Tarrant County for your DWI (1st offense), you could be required to complete the following (at your own expense): numerous DWI classes (Alcohol/Drug evaluation, DWI education program, Victim Impact Panel, etc.), a large amount of community service hours, a license suspension for a period of time ranging from 90 days to 1 year and if you agreed to submit a DWI breath or blood sample and it was determined that your blood alcohol level was greater than .15, the judge MUST order you to obtain an ignition interlock device on your vehicle as a condition of your community service (probation).

Finally, if you were arrested and charged with a DWI (1st offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and you were found to have an open container at the time of your arrest, Texas law provides that you could face anywhere from 6 days to 180 days in Tarrant County jail.

What Happens if I am Convicted of a DUI (1st offense as a minor – under 21 years of age)?

If you have been arrested and charged with a DUI (1st offense) in Fort Worth, Arlington, Mansfield or the surrounding cities in Tarrant County, Texas law provides that will be charged with a Class C Misdemeanor that carries a punishment of up to a $500 fine but does not impose a jail sentence upon conviction.

However, if you or your minor child receives community supervision (probation), not only must you or your minor child complete all the standard conditions of a DWI probation, you will also receive a driver’s license suspension that will become effective at the beginning of the community supervision (probation) period. Finally, the court will require you to install and use an ignition interlock device on your vehicle during the term of your community supervision (probation).

What Happens if I am Convicted of a DWI – Misdemeanor Repetition (DWI 2nd)?

If you have been arrested and charged with a DWI (2nd offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 30 days to 1 year in Tarrant County jail, large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 180 days to 2 years. Also, if your DWI 2nd was committed within 5 years of your DWI (1st offense), your driver’s license can be suspended for a period of time ranging from 1 year to 2 years.

If you receive community supervision (probation) in Tarrant County for your DWI 2nd, you will be required to complete all of the probation conditions of a DWI (1st offense) as well as the following: a minimum of 3 days to 5 days in jail as a condition of your probation, a court-ordered ignition interlock device will be installed and monitored on your vehicle (at your expense) and you will be required to complete a program for repeat DWI offenders.

What Happens if I am Convicted of a Felony DWI (DWI 3rd or more)?

If you have been arrested and charged with a Felony DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 2 years to 10 years in the Texas Department of Corrections (prison), large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 180 days to 2 year. Also, if your Felony DWI was committed within 5 years of your DWI (1st or 2nd offense), your driver’s license can be suspended for a period of time ranging from 1 year to 2 years.

If you receive community supervision (probation) in Tarrant County for your Felony DWI, you will be required to complete all of the probation conditions of a DWI (2nd offense) as well as the following: a minimum of 10 days in jail as a condition of your probation.

What Happens if I am Convicted of Intoxication Assault?

If you have been arrested and charged with Intoxication Assault in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 2 years to 10 years in the Texas Department of Corrections (prison), large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 90 days to 1 year (if it is your first DWI/alcohol-related offense). However, if your Intoxication Assault conviction was committed within 5 years of a prior DWI – related offense (DWI, DWI 2nd, etc.), your driver’s license can be suspended for 1 year.

If you receive community supervision (probation) in Tarrant County for your Intoxication Assault, you will be required to complete all of the probation conditions of a DWI (1st offense) as well as the following: a minimum of 30 days in Tarrant County jail as a condition of your probation.

Additionally, if it is your 2nd or more Intoxication Assault conviction and you receive community supervision (probation), a court-ordered ignition interlock device will be installed and monitored on your vehicle (at your expense).

What Happens if I am Convicted of Intoxication Manslaughter in Texas?

If you have been arrested and charged with Intoxication Manslaughter in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 2 years to 20 years in the Texas Department of Corrections (prison), large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 180 days to 2 years.

If you receive community supervision (probation) in Tarrant County for your Intoxication Manslaughter, you will be required to complete all of the probation conditions of a DWI (1st offense) as well as the following: a minimum of 120 days in Tarrant County jail as a condition of your probation. At The Hampton Law Firm, we understand that the punishment provided under Texas law for DWI-related offenses can sometimes be intimidating and severe. Call The Hampton Law Firm now to schedule a free consultation with the DWI trial team and we will explain your options available to you under the law to fight your DWI charge.