Range of Punishment
FIRST OFFENSE-
DWI, 1st Offense: Class B Misdemeanor.
Fine: A fine not to exceed $2,000.00.
Jail: Confinement in the County Jail for a period ranging from 3 days up to 180 days.
Driver’s License Suspension: A person convicted of DWI, First may have their driving privileges suspended for a period ranging from 90 days up to 365 days.
Open Container: If there was an open container of alcohol in your car when arrested, the minimum term of confinement is 6 days in the county jail.
SECOND OFFENSE-
DWI, Second Offense: Class A Misdemeanor
Fine: A fine not to exceed $4,000.00.
Jail: Confinement in the County Jail for a period ranging from 30 days up to one year.
Suspension of license: A person convicted of DWI, Second may have their driving privileges suspended for a period ranging from 180 days up to 2 years.
THIRD OFFENSE-
DWI, Third Offense (or greater): Third degree FELONY
Fine: A fine not to exceed $10,000.00.
Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a period ranging from 2 to10 years.
Suspension of license: A person convicted of DWI, Third may have their driving privileges suspended for a period ranging from 180 days up to 2 years.
INTOXICATION ASSAULT-
Intoxication Assault: Third degree Felony
"A person commits an offense if the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another" {Texas Penal Code §49.07}.
" 'Serious Bodily Injury' means injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ".
Fine: A fine not to exceed $10,000.00.
Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a period ranging from 2 years to 10 years.
INTOXICATION MANSLAUGHTER-
Intoxication Manslaughter: Second Degree Felony
"A person commits an offense if the person:
1)...operates a motor vehicle in a public place, and...
2)...is intoxicated and by reason of that intoxication causes the death of another by accident or mistake."
Fine: A fine not to exceed $10,000.00.
Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a period ranging from 2 years up to 20 years.
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