Driving While Intoxicated - Criminal Case:

If this is a first time arrest for DWI, it will be classified as a Class “B” misdemeanor. The punishment range for a Class “B” DWI is not less than three (3) days in jail and a two thousand dollar ($2000) fine. As with DUI, alcohol education classes, community service, probation and court costs are all possibilities when facing a DWI conviction.

An additional license suspension, independent of the civil case, may also occur as a result of a DWI conviction. Because this is an enhanceable offense, the punishment for subsequent DWIs will included significant jail time, fines and community service hours.

The Texas Legislature has also recently enacted a law which requires that the Department of Public Safety collect a surcharge from any individual convicted of DWI. This surcharge is a fee entirely separate from your criminal or civil case. If a person refused to provide a specimen or provided a specimen under 0.15, then they must pay a surcharge of $1,000 a year for three (3) years after being convicted of DWI. If a person provided a specimen of 0.16 or above, the surcharge is $2,000 a year for three (3) years. If the surcharge is not paid it can result in further license suspensions or cancellation of a person’s driver’s license altogether.