What Are the Penalties for DWI in Texas?

December 16, 2024 | By David M. White
What Are the Penalties for DWI in Texas?

Most people find that getting arrested for driving while intoxicated (DWI) in Texas is often an intimidating and scary experience. Many people who get charged with a DWI don't understand the actual charges, how they will affect their lives and futures, and what actions they should take to protect themselves. 

Working with a skilled and knowledgeable DWI defense lawyer in San Angelo, Texas will protect your rights during this challenging time. 

The Law Offices of David M. White provide thorough and dependable defenses for their Texas clients facing DWI charges. Call our team today at (325) 437-3311 to schedule your free initial consultation. 

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What Is a DWI in Texas?

Penalties for DWI in Texas

The Texas Penal Code states a person can be charged with driving while intoxicated (DWI) in Texas if that person illegally operated a motor vehicle in a public space while being intoxicated. The classification of intoxication for a DWI in Texas applies to not only just alcohol but also both illicit and prescription drugs. 

In Texas, the legal limit for alcohol in a person of 21 years or older is below a blood alcohol content (BAC) of 0.08. If law enforcement tests a person and the result is a BAC of 0.08 or higher, that will result in a DWI charge. 

How Does a DUI Differ from a DWI?

People commonly do not understand the difference between driving under the influence (DUI) and driving while intoxicated (DWI). The primary difference between these two charges in Texas is the age of the person charged. 

While a DWI applies to people 21 years of age or older, a DUI charge applies to those younger than 21.

According to the Texas Alcoholic Beverage Code, a DUI is an offense committed when a minor operates a motor vehicle in a public place with any detectable amount of alcohol in their system. 

What Are the DWI Laws in Texas?

Driving While Intoxicated DWI Law is shown on a photo using the text

Several laws factor into the severity of a DWI charge in Texas.  

Per Se Law

When issuing a DWI in Texas, the state operates under a per se law, which means "by itself" in Latin. 

In Texas, this means that law enforcement does not need to prove any other signs of impairment to charge a person with a DWI if that person tests positive for a BAC of 0.08 or higher. 

The Texas Transportation Code makes Texas an implied consent state. 

Implied consent means that by driving in Texas, you consent to test for drugs, alcohol, and other substances in your systems if law enforcement arrests you for allegedly driving in public while intoxicated.

If a driver refuses chemical testing in this scenario, they face penalties.

What Are the Penalties for DWI in Texas?

Penalties for a DWI in Texas will vary depending on the severity of the charge. 

First-Time DWI Charge

A person charged with a first-time DWI is typically subject to a Class B misdemeanor charge with at least 72 hours of confinement. 

Flying While Intoxicated

A person operating an aircraft while intoxicated can be charged with a DWI offense for flying while intoxicated. The penalty for flying while intoxicated is a Class B misdemeanor with a minimum sentence of 72 hours confinement.

Boating While Intoxicated

Operating a watercraft while intoxicated can result in a boating while intoxicated charge subject to a Class B misdemeanor with a minimum sentence of 72 hours confinement.

Assembling or Operating an Amusement Ride While Intoxicated

A person who assembles or operates an amusement ride while intoxicated faces a Class B misdemeanor with a minimum sentence of 72 hours of confinement.

Enhanced DWI Charges

Many enhanced DWI charges increase the penalty from a Class B misdemeanor with a minimum sentence of 72 hours confinement to more severe penalties.

Open Container

If police find an open container of alcohol within the driver’s immediate possession during a DWI arrest, the DWI charge will remain a Class B misdemeanor subject to an increased term of confinement to six days from the standard 72 hours.

BAC at or Above 0.15 

If law enforcement conducts a blood, urine, or breath test that shows the driver’s alcohol concentration is at a level of  0.15 or higher, then the DWI offense increases from a Class B misdemeanor to a Class A misdemeanor. 

Child Passenger

A person driving a vehicle in public while intoxicated who has a child under the age of 15 in their vehicle is subject to an enhanced DWI charge of a state jail felony offense. 

Intoxication Assault

Intoxication assault is committed when a person is driving while intoxicated and causes serious bodily injury to another person. Texas Penal Code further defines serious physical injury as one that causes severe permanent disfigurement, impairment, loss, or risk of death

An intoxication assault DWI charge increases the offense to a third-degree felony. 

Intoxication Manslaughter

When a person accidentally kills someone as a result of driving while intoxicated, they commit intoxication manslaughter

Intoxicated manslaughter is a second-degree felony offense.

Boating While Intoxicated With a Child Passenger

Boating while intoxicated with a child passenger on the watercraft under the age of 15 years can enhance the charges to a state jail felony. 

Assembling or Operating an Amusement Ride While Intoxicated With an Open Container

If a person assembles or operates an amusement ride while intoxicated and has an open container in their immediate possession, the charges will increase to a Class B misdemeanor with a minimum sentence of six days confinement.

DUI Charges

A first-time DUI offender usually faces a Class C misdemeanor, accompanied by a requirement to perform community service.

After a person’s third offense, the amount of community service required increases, and the penalties can include a fine and jail sentence. 

Why Choose the Law Offices of David M. White

The Law Offices of David M. White are well-versed in helping fellow Texans with their criminal defense cases. 

Our team works hard on your case to bring you the best results possible, easing the stress of you and your loved ones during your challenging times. 

We are committed to helping our West Texas community by proudly delivering dedicated and compassionate service and assistance with your legal needs.

Our team appreciates how crucial your case results are for your future, and we strive to provide unyielding representation and advocacy for you throughout your case. 

At the Law Offices of David M. White, we pride ourselves on our ability to provide free initial consultations for all of our clients, serve our Spanish-speaking community with our bilingual staff, understand and empathize with the importance of your case while we provide our legal help, and deliver top-notch service to our clients while keeping their well-being front of mind throughout their case. 

Many clients express their appreciation for our help with their cases. 

What Is Drunk Driving?

BAC Blood Alcohol Concentration - measure of alcohol in the blood as a percentage

The operation of a motor vehicle under the influence of alcohol is considered drunk driving

Even minor amounts of alcohol in a person's system will begin to degrade their nervous system and cognitive functioning. A person's gender and bodily size also contribute to how much the effect of alcohol per drink can lead to their impairment. 

The National Highway Traffic Safety Administration (NHTSA) identifies various BAC levels as having predictable impacts on a person’s ability to operate a motor vehicle:

  • BAC of 0.02 percent - A person experiences a decline in visual functions, and their ability to multitask while driving decreases effectively. 
  • BAC of 0.05 percent - A person begins to be unable to track moving objects with their vision correctly, and they experience decreased coordination. 
  • BAC of 0.08 percent - A driver begins to experience short-term memory loss and impaired perception of reality, leading to an inability to properly concentrate on driving, controlling their speed, and processing the information in the car and on the road around them. 
  • BAC of 0.10 percent - A person cannot correctly apply the brakes and remain within their traffic lane.  
  • BAC of 0.15 percent - A BAC of 0.15 percent or higher puts a person as being substantially impaired, creating an inability for them to control their vehicle, process auditory and visual information around them, or pay attention to what they are doing or happening around them. 

Drunk Driving Accidents in Texas

According to the Texas Department of Transportation (TXDOT), more than 25 percent of people who suffered a fatality on Texas roadways in one recent year were because of a driver being under the influence of alcohol.

The TXDOT further reports that alcohol-related crashes most commonly occurred between the hours of 2 a.m. and 3 a.m., with Sunday experiencing more alcohol-related crashes reported than any other day of the week. 

The Insurance Institute for Highway Safety (IIHS) demonstrates that 1,089 drivers in Texas with a known BAC level were killed in a deadly drunk driving accident in one recent year. This represents 54 percent of all driver deaths in the state that same year. 

According to the National Highway Traffic Safety Administration (NHTSA), an estimated 37 people are killed from a drunk-driving accident in the United States every day.

The NHTSA approximates that a drunk-driving-related death happens once every 39 minutes nationwide, with alcohol-related traffic accidents resulting in an estimated 13,525 deaths in the country in one recent year. 

What Do I Do If Arrested for a DWI in Texas?

Searching online DWI Attorney

Many people often feel terrified and confused after being charged with a DWI in Texas. They are often unsure how to defend themselves against these serious charges and are unsure of who to turn to for help. 

Take the proper steps after being arrested for a DWI in Texas to help protect your rights and strengthen your defense. 

Do Not Accept the Initial Offer

The prosecution team will often intimidate defendants into thinking they need to plead guilty and accept the initial offer from their team. Doing so could put you at a legal disadvantage and increase your penalties now or later. 

Contact an Attorney

Hire an attorney immediately after police arrest you for a DWI in Texas. 

A reliable legal team will strengthen your defense case and ensure you protect your rights during this challenging time. 

Your trusted legal team will advocate and negotiate on your behalf to reduce the legal repercussions associated with your DWI charge, including

Work With a Dependable DWI Defense Attorney

Getting arrested and charged with a DWI in Texas is often a terrifying and intimidating experience that can result in a long-term adverse impact on your life and the lives of your loved ones. 

Working with a dependable DWI defense attorney will ensure your rights are protected and help you strengthen the defense for your case. 

Our distinguished attorneys at the Law Offices of David M. White are passionate about helping our local Texas community with their DWI defense cases. 

We will work relentlessly on your case to bring you the best results possible, lightening the stress of you and your loved ones during your challenging times. 

Our West Texas law offices are conveniently located in 

  • Abilene - On the northeast corner of Treadaway Boulevard and Industrial Boulevard, just outside of the Abilene Country Club
  • San Angelo - On College Hills Boulevard, a few blocks north of the West 306 Loop

Call the San Angelo, Texas, criminal defense attorney at Law Offices of David M. White today at (325) 437-3311 for your free initial consultation. Let us manage the burden of your criminal defense.

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David M. White

Attorney

David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.

If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.

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