A DWI conviction in Texas carries serious criminal penalties, financial consequences, and long-term damage to your record and reputation. Understanding what you are facing is the first step in protecting your future.
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Under Texas law, a prosecutor only needs to prove one of the following:
This means:
Because of how broadly Texas defines intoxication, hiring an experienced Houston DWI lawyer is critical.
A DWI conviction can follow you for life, affecting your job, finances, and freedom.
Texas DWI Penalties
Certain circumstances elevate DWI penalties even further.
If serious bodily injury occurs as a result of intoxication, the charge becomes Intoxication Assault, a third-degree felony.
Penalties include:
Up to 10 years in prison
Up to $10,000 fine
License suspension up to 2 years
If the injured party is a peace officer, firefighter, or EMS personnel, the charge can be elevated to a second-degree felony.
If a death occurs as a result of intoxication, the charge becomes Intoxication Manslaughter, a second-degree felony.
Penalties include:
Up to 20 years in prison
Up to $10,000 fine
If the victim is a first responder, the offense may be enhanced to a first-degree felony.
Driving while intoxicated with a child under 15 in the vehicle is a State Jail Felony.
Penalties include:
180 days to 2 years in state jail
Up to $10,000 fine
For commercial drivers:
First offense: Up to 180 days in jail, fine up to $3,000, CDL suspension up to 1 year
If transporting hazardous materials: Suspension up to 3 years
Second offense: Lifetime CDL disqualification
For CDL holders, even a first DWI can end a career.
If you possess a firearm while intoxicated, you may also be charged with Unlawful Carrying of a Weapon (UCW).
Class A Misdemeanor
Up to 1 year in county jail
Up to $4,000 fine
This can significantly increase overall exposure beyond the DWI charge.
If you possess a firearm while intoxicated, you may also be charged with Unlawful Carrying of a Weapon (UCW).
Class A Misdemeanor
Up to 1 year in county jail
Up to $4,000 fine
This can significantly increase overall exposure beyond the DWI charge.
Drag racing is typically a Class B Misdemeanor. However, it becomes a Class A Misdemeanor if:
You have a prior DWI conviction
You have a prior drag racing conviction
You were driving with an open container
In some cases, probation (community supervision) may be available. However:
There is no guarantee of probation
Jail time remains a possibility
Judges have broad discretion
Eligibility depends on the severity of the offense and your prior record.
Beyond jail and fines, a DWI conviction can result in:
These long-term consequences can last far beyond the court sentence.
Penalties vary based on:
Maximum penalties are not rare in Texas DWI cases.
In many cases, an experienced DWI defense attorney can:
Early legal intervention significantly improves outcomes.
