Yes, you can go to jail for Driving While Intoxicated (DWI) in Texas. This article explores the potential jail penalties for DWI in Texas, and other Texas DWI consequences like hefty fines and license suspensions. Learn about the potential length of incarceration for first-time offenders and repeat offenders. This information is crucial for anyone arrested for DWI in Texas. Contact Trey Porter Law for powerful legal representation in your Texas DWI case. The DWI lawyers at Trey Porter Law have decades of experience and reputation for winning.
Key Points about DWI and jail time in Texas:
- First offense: Usually considered a class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2.000.
- Factors affecting jail time: The severity of the offense, your blood alcohol concentration (BAC), and whether there were any aggravating factors like accidents or injuries.
- Second Offense: Penalties include up to $4,000 in fines, up to one year in jail.
- Third offense: Penalties include a $10,000 fine and 10 years imprisonment.
- License suspension: A DWI conviction also leads to a driver’s license suspension.
In some cases, a judge may impose probation instead of jail time. If you are facing drunk driving charges, you can consult the experienced Texas DWI attorneys of Trey Porter Law to develop a defense strategy and pursue an outcome that limits the time you have to spend behind bars.
CAN YOU GO TO JAIL FOR A DWI IN TEXAS?
Everyone charged with DWI in Texas, even first-time offenders, faces a minimum of 6 months in jail. Texas DWI Penalties are severe. First-time DWI offenders face up to 1 year in jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration. DWI offenders with multiple convictions face up to 10 years in prison.
- How long do you stay in jail for DWI in Texas? People arrested for DWI are typically released in 24 hours or less. The key component to release is a judge setting a bond. This bond amount allows a defendant to post bail, personally or through a bail bond company, to get out of jail.
- How many DUIs in Texas before you go to jail? Only minors under 21 years old can be charged with DUI in Texas, and there is no jail sentence possible as punishment. DUI is a class C misdemeanor. DWI, conversely, carries up to a 1 year jail sentence for first-time offenders, depending on the blood alcohol concentration (BAC).
- How likely is jail time for a first DWI in Texas? People charged with DWI go to jail every day in Texas. The likelihood of avoiding a final conviction and a jail sentence depends entirely on the type of defense that is put forward. A weak and unorganized defense can yield a bad result. On the other hand, you can beat a DWI in Texas and avoid some of the nation’s most serious consequences for first-time offenders.
WHAT TO DO IF YOU GET A DWI IN TEXAS?
Many people charged with DWI have never been charged with a criminal offense. The question of “what happens” after a DWI arrest in Texas in common. The first and most critical thing to do after a DWI arrest in Texas is to hire counsel. Time is of the essence, and hiring the best DWI lawyer for your case can make all the difference in the world.
- Can a first DWI in Texas be dismissed? DWI charges are dismissed every day in courtrooms across Texas. DWI arrests are warrantless arrests. The entire charge is therefore based on the subjective decision for probable by one officer. Police officers make mistakes, and these mistakes can be seized on. If a judge finds the arrest to be lacking probable cause, the State is forced to dismiss the case outright.
- Do first time DWI offenders go to jail? DWI in Texas first offense is a class B misdemeanor punishable by up to 180 days in jail if there are no aggravating factors, like a BAC over 0.15 percent. In such cases high BAC cases, the DWI first offense Texas enhancement laws elevate the charge to a class A misdemeanor with a maximum jail sentence of one year.
NEW TEXAS DWI LAWS
With the passage of House Bill 3582, the Texas Legislature has made Deferred Adjudication a possibility for first-time DWI offenders. Recipients of Deferred Adjudication are able to avoid incarceration and a final conviction. Once Community Supervision is successfully completed, the DWI charge is dismissed by the court. In many cases, the criminal charge and arrest records may later be sealed through an Order of Nondisclosure.
- What is the penalty for 5th DWI in Texas? Everyone facing a DWI 5th charge will go to jail in Texas unless the charge is dismissed. In Texas, Driving While Intoxicated charges jump from misdemeanor to felony after two convictions. All DWI 3rd or more charges are categorized as felonies that can include prison incarceration as punishment, and mandatory jail time even when probation is granted.
TEXAS DWI STATUTE
The Texas DWI statute is found in Section. 49.04. of the Texas Penal Code, and states:
- DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
- (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
- (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
- (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
IS JAIL REQUIRED FOR DWI IN TEXAS?
Sometimes, yes. It depends on the type of DWI. Everyone charged with DWI first-offense, DWI .15+, DWI 2nd, or felony DWI 3rd or more face jail time, as recognized by the Texas Department of Transportation.
However, for first-time offenders, jail is not a requirement of punishment or probation.
- How long is probation for DWI in Texas? DWI probation can last up to 2 years for misdemeanor charges and up to 10 years for those convicted of felony DWI.
- What happens if you deny a breathalyzer in Texas? If you refuse to provide a breath specimen while under investigation for DWI or DUI, law enforcement officers can obtain a search warrant to draw and test your blood.
- Can you lose your license for DWI in Texas? In addition to a potential blood draw, refusing a breath specimen also violates the Texas Implied Consent Law and results in an automatic driver license suspension. However, a breath specimen over the legal limit also results in a suspension. Texas motorists can contest this suspension by pursuing an ALR hearing with the Texas Department of Public Safety. Texans with a suspended driver license may obtain a temporary license, called a Texas Occupational License, to drive legally during a period of suspension.
- Can you get fired for a DWI in Texas? There is no law that requires an employer to fire an individual when charged with DWI. However, many businesses have reporting requirements that mandate the employee disclose being arrested and charged. DWI charges do show up on background checks in Texas, even while pending.
NEXT STEPS: FACING A DWI CHARGE
Facing a DWI charge in Texas can have serious consequences, including jail time and a lasting impact on your life. Don’t face it alone. Put the firepower of Trey Porter Law’s DWI Defense team in your corner. We’ve won every type of DWI case. We aggressively defend our clients, turning over every stone, exploring every strategy, while fighting to get the best possible result. Contact us today for free consultation and put our decades of successful experience to work for you today.
