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Understanding Texas' DWI Offenses

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Montgomery County, Texas DWI Lawyer

Driving while intoxicated is a serious offense. Even if it is your first offense, DWI in Conroe, Montgomery or Harris Counties can be very serious. DWI cases have serious consequences for your life. It is crucial to fight the suspension of your driver's license, to assert your constitutional rights, to do everything you can to avoid a final conviction.

You can't do this alone.

With more than 20 years of experience, 17 as an Assistant District Attorney, Ronnie Yeates, is well versed in all aspects of the criminal justice system from misdemeanor assaults, DWI, and drug charges to Aggravated Felony offenses, Felony DWI, and serious weapons and drug possession cases.

Although every case is unique, the goal remains the same.

Get A Dismissal.

DWI 1st OFFENSE

A Class B Misdemeanor is the charge for DWI in Texas if it's not increased by aggravating factors. DWI offenders who are first-time face jail, a permanent criminal conviction, and thousands of dollars in fines. Driver license suspension is also possible. Here's the complete breakdown:

  • DWI with a BAC lower than .15 is a Class A misdemeanor. The maximum fine is $3,000.00 and the maximum sentence in jail is six months. This offense can result in a driver's license suspension.
  • DWI with a blood alcohol content of .15 or more is a Class A Misdemeanor. The maximum fine is $6,000.00 and the maximum sentence in jail is 12 months. This offense can result in driver's license suspension if it is convicted.
  • DWI with an open container can be classified as a Class A or C misdemeanor, depending on the BAC. It falls within the same punishment categories as the one above. The Open Container enhancement means that a person who is convicted of this offense will spend at least 6 days in prison. 
  • DWI with a child passenger is a State Jail Felony. The maximum penalty is $10,000.00 and the maximum time in State Jail facilities is 24 months. A conviction for this offense can result in permanent driver's license suspension and other severe, collateral consequences. 

DWI 2ND OFFENSE

A Class A Misdemeanor is a second DWI offense (DWI Repeat Offender). The maximum fine is $6,000.00 and the maximum sentence in jail is 12 months. This offense can lead to a permanent conviction, a three-day sentence in jail (even if probation has been granted), and a suspension of your driver's license. 

A prior conviction can be used for enhancement purposes regardless of its age. You can use convictions from other states as the basis of enhancement.

All DWI 2nd offenses require a deep lung device (similar to an ignition interlock) as a bond requirement. As a condition for release from jail, all defendants must keep this device in their vehicles.

DWI 3RD+ OFFENSE

A third DWI offense (habitual DWI), is possible after two DWI convictions. The maximum penalty is $10,000.00 and the maximum sentence in prison is 10 years in the Texas Department of Criminal Justice. This offense can lead to a permanent conviction, a 10-day sentence in jail, and a suspension of your driver's license. 

For enhancement purposes, there is no limit on the number of prior convictions. You can use convictions from other states as the basis of enhancement.

All DWI 3rd+ cases require a deep lung device (similar to an ignition interlock) as a bond requirement. As a condition for release from jail, all defendants must keep this device in their vehicles.