What are the DWI penalties?

What are the DWI penalties?

The penalties for DWI intensify depending on the number of prior DWI convictions.

For your first DWI offense, which is a Class B Misdemeanor, you may receive a fine up to $2000 and/or jail time for 3 to 180 days, and a driver's license suspension for 90 to 365 days. For a second offense, which is a Class A Misdemeanor, you may receive a fine up to $4000 and/or jail time for 30 days to one year, and a driver's license suspension for 180 days to two years. For a third offense, which is a 3rd Degree Felony, you may receive a fine up to $10,000 and/or jail time for two to ten years, and a driver's license suspension for 180 days to two years.

Driver's License FAQ's

How do I prevent the suspension of my driver's license if I refused or failed a breathalyzer, urine test, or blood test?

The two ways to prevent a driver's license suspension in Texas are:

request and win an Administrative License Revocation (ALR) hearing; or receive a not guilty verdict in your DWI trial.

Texas law allows you to request an ALR hearing within 15 days of receiving a written license suspension. In most cases, an officer will serve this written notice upon your refusal or failure of a breathalyzer, urine test, or blood test. If the officer fails to serve you a written notice, the Department of Public Safety (DPS) will notify you of your driver's license suspension via certified mail. If you fail to request an ALR hearing, your license suspension begins on the 40th day after receiving the notice.

How long can my driver's license be suspended if I refuse a breathalyzer, urine test, or blood test?

If you refuse testing, the DPS suspends your driver's license for 90 days unless you request and win an ALR hearing, or you are found not guilty at trial.

How long can my driver's license be suspended if I fail a breathalyzer, urine test, or blood test?

If you fail a breathalyzer, urine test, or blood test, the DPS suspends your driver's license for 180 days unless you request and win an ALR hearing, or you are found not guilty at trial.

Is there any way I can drive legally while my driver's license is suspended?

Yes, you can obtain an occupational driver's license by petitioning the court, unless you have a commercial driver's license or have obtained an occupational driver's license in the last ten years.

What are the consequences of being caught driving with a suspended driver's license?

You can be charged with a Driving While License Suspended (DWLS), a Class B Misdemeanor. The penalties of this charge range from a fine not to exceed $500 to jail time for three to 180 days.