Carl David Ceder - Attorney and Counselor at Law

Texas DWI Penalties

To be convicted of a Texas DWI charge, it must be proven that you were operating a motor vehicle in a public place, and that at the time of operation you had a blood-alcohol concentration (BAC) of .08 or more; or that you did not possess the normal use of your mental or physical faculties due the introduction of alcohol, a drug, or another intoxicating substance. Section 49.04 of theTexas Penal Code states: 
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. 
(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. 
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. 
(d) If is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

Section 49.01 of the Texas Penal Code include the following definitions relating to charges of DWI:
(1)”Alcohol concentration” means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. 
(2)”Intoxicated” means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of .08 or more.

As an individual, you are considered intoxicated if you have consumed enough alcohol, drugs or a combination of both to impair the normal use mental and physical faculties, due to the introduction of a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of .08 or more.

  • DWI -1st offense: Class B Misdemeanor, with a rangeof punishment from a minimum of 72 hours continuous confinement up to 180 days in the county jail of arrest, in addition of a fine not to exceed $2,000.00.
  • DWI – 1st offense (.15 BAC or higher): Class A Misdemeanor Offense, with a range of punishment from a minimum of 72 hours continuous confinement up to 1 year in the county jail of your arrest, in addition of a fine not to exceed $4,000.00.
  • DWI – 2nd (with a subsequent offense): Class A Misdemeanor Offense, with a range of punishment from a minimum for 30 days to 1 year in the county jail of the arrest, and a fine up to $4,000.00. Texas law also requires 3 days minimum jail time as a condition of any probation if the prior DWI conviction was beyond 5 years of the date of the new DWI or BWI arrest, and mandates a minimum of 5 days in jail as a condition if the prior conviction was within 5 years of the date of the new DWI arrest.
  • DWI with Child Passenger in the Vehicle: State Jail Felony Offense, with a range of punishment from a minimum of 6 months and up to 2 years in a state jail facility, and a fine up to $10,000. There can be a license suspension for a period of 90 days and up to 2 years.
  • DWI – 3rd (or more – 3rd Degree Felony Offense, with a range of punishment of a minimum of 2 years prison up to a maximum of 10 years prison, and a fine not to exceed $10,000.00. Texas law also requires 10 days minimum jail time as a condition of any probation.
  • Intoxication Assault – 3rd Degree Felony Offense, with a range of punishment of a minimum of 2 years prison up to a maximum of 10 years prison, and a fine not to exceed $10,000.00. Texas law also requires 30 days minimum jail time as a condition of any probation.
  • Intoxication Manslaughter – 2nd Degree Felony Offense, with a range of punishment of a minimum of 2 years prison up to a maximum of 20 years prison, and a fine not to exceed $10,000.00.

IGNITION INTERLOCK DEVICE INSTALLATION

An ignition interlock device prevents an individual from driving their vehicle or the one they operate if it detects alcohol in their breath, after blowing into the machine. Similar to a breathalyzer, it is used to determine the alcohol concentration level of drivers. Other instances of the invention are the periodical stop and blow of your breath into the machine to determine alcohol consumption. Section 49.09(h) of the Texas Penal Code requires individuals that have been charged with a second or subsequent DWI within five years of the previous offense to install and maintain from time to time a “deep-lung” air device or an ignition interlock device. This can be in their car or cars they operate.
Additionally, courts can impose the installation of an ignition interlock device for other DWI offenses or in probation cases involving DWI. Individuals with the ignition interlock device on their car pay a fee to calibrate and maintain the machine monthly, while failure to do so can result in additional penalties.

TEXAS DWI STATUTORY DRIVER’S LICENSE SUSPENSION PERIODS

Individual charged with a DWI in Texas will have their driver’s license suspended under Texas Transportation Code § 521.344. The suspension period starts from the day of conviction and no later than 30 days after. Some statutory driver’s license suspensions for DWI offenses are:

  • First driving while intoxicated (DWI) offense: 90 days up to 1-year license suspension
  • Second or subsequent driving while intoxicated (DWI) offenses: 180 days up to 2 years license suspension
  • Second or subsequent driving while intoxicated (DWI) assault within five years: 90 days up to 1 plus an additional 1-year license suspension
  • Second or subsequent driving while intoxicated (DWI) offenses within five years of the preceding offense: 1 to 2 years of license suspension
  • Second or subsequent driving while intoxicated (DWI) manslaughter within ten years: 1 to 2 years of license suspension
  • First driving while intoxicated (DWI) manslaughter: 180 days to 2 years of license suspension
  • Under 21 driving while intoxicated (DWI): 1 year

DPS SURCHARGES FOR TEXAS DWI OFFENSES
As stated in Section 708.102 of Texas Transportation Code, people convicted of offenses related to driving while intoxicated are required to pay surcharges on their driver’s license. These are the administrative fee that is paid to the Texas Department of Public Safety. An offender that is convicted of DWI within the first three years pays a surcharge for three years, and this can range from $1000 to $6000 depending on the DWI charge, the facts of the case, and whether the individual had any prior offenses.

  • DWI first offense – $1,000 annual surcharge ($3,000 total)
  • DWI second or subsequent conviction within a 3-year period – $1,500 annual surcharge ($4,500 total)
  • DWI with a BAC 0.15 or more (first or subsequent conviction within a 3-year period) – $2,000 annual surcharge ($6,000 total)

Contact Us Now

If you have been arrested for any charge of DWI, then contact an experienced Dallas-Forth DWI Defense Attorney to discuss the particular facts and circumstances of your case. Attorney Carl David Ceder is available to talk with you about your DWI case for representation in Dallas County, Collin County, Denton County, Tarrant County, Rockwall County, and any other surrounding areas.

No matter what the type of DWI charge is or what is the circumstance is for your criminal case, our office can help you contest your charge. The Law Offices of Carl David Ceder, PLLC, has successfully defended criminal cases all over the State of Texas. The Law Offices of Carl David Ceder, PLLC, is dedicated to representing the rights of those who have been accused of any DWI charge or any other intoxication-related offenses. Carl will do everything in his power to help you with whatever criminal charge you, or a loved one, may be facing. Carl and his legal team will always do the best to help give wise counsel and advice to obtain a successful outcome. You can contact The Law Offices of Carl David Ceder at any time for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394) to discuss your criminal case. You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance.