DWI PENALTIES & SURCHARGE

CRIMINAL PENALTIES

Driving While Intoxicated is a class B misdemeanor with a range of punishment of 3 to 180 days in jail and a fine not to exceed $2,000.00.  However, Texas law increases punishment for persons with prior DWI convictions.  An individual who pleads “guilty” or “no contest” to a DWI charge may not received deferred adjudication.

• First Offense

In most circumstances a person convicted of DWI for the first time will not be required to spend time in jail but will, upon his timely application, receive community supervision (probation).  The maximum term of probation is 2 years.  As a condition of probation the person will be ordered to pay a fine, report to a probation officer, perform community service, abstain from the use of alcohol and attend an alcohol education course.  In addition, a person’s driver’s license may be suspended for up to 1 year.  However, if you receive community supervision and take the court ordered alcohol education course you will be able to keep your license.

• Second Offense

A person convicted of a second DWI faces a minimum term of confinement of 30 days with a 180 day maximum along plus a fine not to exceed $4,000,00.  A person convicted of a second offense is eligible for community supervision (probation), but will be required to serve a minimum of three days in jail as a condition of community supervision.  Driver’s license suspension is 180 days to 2 years.

•  Third Offense

A third DWI conviction becomes a felony if, during the previous ten years, the person has been convicted of DWI.  A third DWI carries a term of confinement of 2 to 10 years in prison.  If community service is granted a minimum of 10 days in jail will be required.  The person’s driver’s license will be suspended for up to 2 years.

DPS SURCHARGE ON DRIVER'S LICENSE

In addition to criminal penalties, a person convicted of a first DWI will be required to pay a surcharge of $1,000.00 per year for three years as a condition to maintaining his license.  The annual surcharge increases to $1,500 per year for a second or subsequent conviction within a 36 month period.  If the person is shown to have had an alcohol concentration of .16 or greater, the surcharge is $2,000 per year for three years.   Failure to pay the surcharge or enter into an installment payout agreement will result in suspension of the license until all payments are made.

  ADMINISTRATION LICENSE REVOCATION

        WARNING!

You have only 15 days from the date of arrest to request a hearing to save your driver's license.  If you failed or refused to take a breath/blood test you driver’s license is subject to automatic suspension.  (Get More Information)

ANTHONY R. SEGURA                        FORT BEND DWI DEFENSE LAWYER