Texas DWI Penalties

San Antonio Criminal Lawyer

First Offense

Incarceration: 72 hours to 180 days in county jail (3 days mandatory as condition of probation) Fine: Not less than $100, not more than $2000. Community Service (as condition of probation): 24 to 100 hours

Second Offense

Incarceration: Minimum sentence of 30 days to 1 year in county jail (30 days mandatory as condition of probation) Fine: Up to $4,000. License suspension is for 180 days to 1 year. Community service: 80 to 200 hours

Third Offense

Incarceration not to be less that 2 to 10 years in State prison (180 days county jail mandatory as condition of probation) Fine: Up to $10,000. License suspension is for 2 years. Community service: 160 to 600 hours.

SUBSEQUENT OFFENSES

Texas Penal Code Chapter 49.09 establishes a 10-year period for determining subsequent offenses. The 10-year period encompasses the date of the end of probation of the prior DWI offense to the date of arrest of the subsequent DWI offense. This 10-year period creates a minimum statutory timeline for determining whether a person is charged with a second or subsequent offense DWI. Even if your subsequent DWI arrest falls outside of the 10-year time frame, it is still within the deciding judge's discretion to impose penalties beyond the mandatory minimums. In any criminal case a judge will review a defendant's criminal record in determining punishment.