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DWI Punishment Ranges in Texas

Updated: Apr 22, 2023

A DWI is something that no one wants to deal with or be charged with. However, depending on the facts of a particular case the punishment range for a DWI can vary in Texas. Please keep in mind that with a DWI of any level there can be implications to your drivers license with or without a conviction, based on the “implied consent” laws in Texas. Also, keep in mind that there can be minimum sentences that may apply.


Further, this article only discusses DWIs where there is no bodily injury caused as a result of the DWI, if an injury occurs while someone is operating a motor vehicle intoxicated then there can be enhanced punishment ranges on that charge, or if there have been prior convictions for intoxication manslaughter or other similar charges.


If you have been arrested or charged with a DWI contact our office at (972) 330-2171 for a free consolation.


Misdemeanor B DWI

If you are arrested and charged with a DWI for the first time, you will likely be charged with a class B misdemeanor in Texas. This means that you are looking at a maximum of 6 months in jail and/or a fine not to exceed $2000.00. Further, there is a minimum confinement of 72 hours.


Further if you have an open container of alcohol in the vehicle when you are arrested the minimum confinement is 6 days.


Misdemeanor A DWI

If you are arrested and charged with a DWI and an analysis of your blood, breath, or urine shows that your blood alcohol level is .15 or greater, then you can be charged with a misdemeanor A. This means that the maximum sentence is one year in jail and/or a fine not exceed $4000.00.


Further, if you have a prior DWI conviction no matter how long ago it was you can be charged with a misdemeanor A, further if you are charged and have a prior conviction for DWI there is a minimum sentence of 30 days in jail.


State Jail Felony DWI


If you are arrested and charged with a DWI and you have a child passenger in the vehicle, child in this case means someone under the age of 15. You can be charged with a State Jail Felony, the punishment range on a State Jail Felony is 180 days to 2 years in State Jail and up to a $10,000.00 fine.


3rd Degree Felony DWI


If you are arrested and charged with a DWI and you have two previous convictions for DWI, you can be charged with a 3rd Degree Felony. The punishment range on a 3rd Degree Felony is 2 to 10 years in prison and up to a $10,000.00 fine.


If you have been arrested or charged with a DWI contact our office at (972) 330-2171 for a consolation.

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