First DWI - Class B Misdemeanor
First DWI - Class B Misdemeanor
Range of Punishment
Jail: Confinement in the county jail for not less then 72 hours and not more then 180 days.
Fine: A fine not to exceed $2,000.
If you had an open container of alcohol in your possession when you were arrested, the minimum term of confinement is six (6) days in the county jail.
Absent dangerous facts, most people convicted of their first DWI will have their jail sentence probated, and be placed on probation. Probation can go up to 24 months, and most Texas counties offer probation for 24 months. Any violation of any condition of probation can result in your probation being revoked and (180 days) jail sentence imposed.
A) Jail time, fines, and court costs:
Jail Time: For a first DWI, this is rare, but it depends on the county you are convicted in. If your case has dangerous facts, you could be sentenced to 3 to 30 days in the county jail as a condition of probation. If your probation subsequently gets revoked, you will not receive credit for these days in jail.
Fine: You will have to pay a fine through probation. The first offense you have to pay between $600-$2000 fine for your first offense.
Court Costs: You will have to pay court costs, which will cost you around $300, depending on the county.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 24 hours, and no more than 100 hours of community service if granted probation. 80 hours of community service is the norm.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Monthly Reporting: You will be ordered to report to your probation officer each month. Absent an emergency, you must report. Failure to report can result in your probation being revoked and your jail sentence being activated.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $1,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
If probation is granted, you will be given an Order setting out all the terms and conditions of your probation. You must comply with each and every term and condition, otherwise, your probation will be revoked and you could end up in jail.
Range of Punishment
Jail: Confinement in the county jail for not less then 72 hours and not more then 180 days.
Fine: A fine not to exceed $2,000.
If you had an open container of alcohol in your possession when you were arrested, the minimum term of confinement is six (6) days in the county jail.
Absent dangerous facts, most people convicted of their first DWI will have their jail sentence probated, and be placed on probation. Probation can go up to 24 months, and most Texas counties offer probation for 24 months. Any violation of any condition of probation can result in your probation being revoked and (180 days) jail sentence imposed.
A) Jail time, fines, and court costs:
Jail Time: For a first DWI, this is rare, but it depends on the county you are convicted in. If your case has dangerous facts, you could be sentenced to 3 to 30 days in the county jail as a condition of probation. If your probation subsequently gets revoked, you will not receive credit for these days in jail.
Fine: You will have to pay a fine through probation. The first offense you have to pay between $600-$2000 fine for your first offense.
Court Costs: You will have to pay court costs, which will cost you around $300, depending on the county.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 24 hours, and no more than 100 hours of community service if granted probation. 80 hours of community service is the norm.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Monthly Reporting: You will be ordered to report to your probation officer each month. Absent an emergency, you must report. Failure to report can result in your probation being revoked and your jail sentence being activated.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $1,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
If probation is granted, you will be given an Order setting out all the terms and conditions of your probation. You must comply with each and every term and condition, otherwise, your probation will be revoked and you could end up in jail.