Although they’re referred to as different names across the United States, a DUI, DWI, OMVI, OVI or DWAI are all the same. Operating a vehicle while under the influence of drugs or alcohol is a crime in all 50 states.
In the state of Texas, there are different penalties for individuals that are pulled over and charged with driving while intoxicated (DWI).
Texas DWI penalties have seen some changes over the years and were last updated on Sept. 1, 2019. In the state of Texas, the legal BAC level is 0.08 percent. In other states, there is a no-tolerance policy meaning if you blow any level of BAC, you’ll receive a DWI.
So what are the penalties for the criminal offense? Here are five DWI penalties an individual can expect.
Repeat Offender Penalties
There are a few differences between first, second, and third-time offenders when they’re charged with a DUI.
Here’s a breakdown for you:
- First-time offenders with less than 0.15 BCA have a possible fine of up to $3,000 and or a jail sentence ranging from three to 180 days
- Second-time offenders the fine increases to a maximum of $4,500 and 30 days to a year in jail
- Third-time DWI offenses see an even larger fine of $10,000 max and years of jail from two to 10
First-time offenders will avoid jail time, but this could be supplemented with additional work or community service.
Texas DWI Penalties Additional Charges
When it comes to the penalties in Texas, there are more serious charges for variations of a DWI.
- DWIs with a child passenger includes individuals in the vehicle under the age of 15 years old. This punishment results in confinement in state jail for not more than two years or less than 180 days with a fine not exceeding $10,000
- Intoxication assault is a result of an accident occurred with serious bodily injury due to intoxication. These penalties for DWIs are more severe. A minimum of two years and a max of 10 in prison could also be accompanied by a $10,000 fine.
- Intoxication manslaughter occurs when there is a death where the intoxication led to it. You can be sentenced to pay $10,000 and or be imprisoned from two to 20 years. This is a second-degree felony.
After a DWI, things can get confusing. Life after a DWI can be an adjustment for most jail time or not.
Two Cases for a DWI
Texas DWI penalties result in two cases against the individual. One case by the Texas Department of Public Security that results in the suspension of your license and the other is a criminal case by the State of Texas.
You’ll have 15 days to act or you’ll lose your driver’s license and have no chance to fight it in court. Getting a good DWI attorney you can afford and doing so fast is your only chance at a lesser charge.
Hire the Right Attorneys
If you’re facing a few Texas DWI penalties, getting the right attorneys for the job is a good way to avoid more serious charges.
The penalties you received for a DWI depends on your situation. At Hamilton and Grant Attorneys at Law, James Fletcher and Deandra Grant have your back. Based out of Austin, Texas, Hamilton and Grant Attorneys at Law has supported the people of Texas for years.
If you’re facing Texas DWI penalties, don’t hesitate to call.