DWI Offenses

FINES AND JAIL TIME

According to Texas DWI laws, for your first DWI offense:

1. You can be fined up to $2,000.
2. You can spend 72 hours to 180 days in jail.
3. Your driver’s license can be suspended for a period of 90 days to 1 year.

PUTTING YOU ON PROBATION

After your first DWI offense, there is a high probability you will not serve any time in jail. Most first time DWI offenders are put on a probation. This is technically a jail sentence, but you are allowed to live in your home with subject to some rules.

PROBATION TIME

Normally, the probation time is 1 to 2 years. When a judge puts you on probation, he or she will give you a list of rules, called “Conditions of Probation,” to follow.

CANCELLATION OF PROBATION

If you do not follow the conditions of probation, the judge has the option to cancel your probation, and put you in jail for any number of days up to the original jail sentence you received.

CONDITIONS OF PROBATION

Normally, a judge can order any reasonable condition on your probation. A typical list of conditions of probation includes:

1. No violation of the law.
2. Reporting to the assigned probation officer. This is normally once a month.
3. Paying your fine, court costs, and monthly probation fees.
4. Performing community service, which is normally a 24 to 80 hours community service for a first time DWI offense. There are a variety of community services your judge can assign to you.
5. No alcohol consumption.
6. Attending DWI Education classes.
7. Attending a victim impact panel, presented by Mothers Against Drunk Driving (MADD), designed to create awareness of the dangers of DWI.
8. Getting a drug and alcohol evaluation to determine if you have a problem with drugs and alcohol. If the evaluation shows you have a drug and alcohol problem, you will be ordered to get a treatment.
9. Maintaining a job.

FINES AND JAIL TIME

If you are charged with a DWI for a second time, then according to the Texas DWI Laws:

1. You can be fined up to $4,000.
2. You can spend 30 days to 1 year in jail.
3. Your driver’s license can be suspended for a period of 180 days to 2 years.

PUTTING YOU ON PROBATION

If you are convicted of a second DWI, according to the Texas DWI Laws, you are eligible for probation. The chance of getting probation for a second DWI offense is less, compared to a first offense.

PROBATION TIME

For a second DWI offense in Texas, the length of the probation will likely two years.

CONDITIONS OF PROBATION

The conditions of probation for a second DWI offense are more demanding, compared to a first DWI offense. These conditions include:

1. Serving jail time as a condition of your probation.
2. Community service, normally ranging from 80 to 200 hours.
3. Requiring a breadth test ignition device installed in your vehicle. This device will prevent your car from starting if there is alcohol in your breath. This violation will also be reported to your probation officer, and that can cause your probation to be revoked.

FINES AND JAIL TIME

If you are charged with a DWI for a third time, then according to the Texas DWI laws:

1. You can be fined up to $10,000.
2. You can spend 2 to 10 years in the state prison.
3. Your driver’s license can be suspended for a period of 180 days to 2 years.

NOTE: It is also a felony when you are charged with a DWI offense for a third time.

ELIGIBILITY FOR PROBATION

In certain situations of a third DWI offense, you are eligible for probation. According to the Texas DWI laws, you are eligible of probation for a term of 2 to 10 years. The court will consider these factors before deciding if you are eligible for probation:

1. The time span between your last DWI offense and your current offense.
2. Your previous probations.
3. If you have previous probations, how did you do on those.
4. If you ever violated a condition of probation.
5. The severity of the new DWI offense.
6. If the current DWI case involves an accident.
7. Alcohol concentration in your blood that was shown on the test.
8. Any aggravating factors.

SHOCK PROBATION

According to the Texas DWI laws, shock probation is when you are actually sentenced and sent to the penitentiary. The court can take you out of prison, and put you on probation, at any time prior to 180 days from the date of being sentenced to prison. This is normally referred to as shock probation. To qualify for “shock probation,” you have to be eligible for probation and never been to prison. Once you satisfy the eligibility for probation, the court will decide your punishment.

DEFINITION

When a person is guilty of a DWI and causes serious bodily injury to another person, they face an intoxicated assault charge. Serious bodily injury is defined as an injury creating a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

FINES AND JAIL TIME

If you are convicted of an intoxicated assault, then according to Texas DWI laws:

1. You can be fined up to $10,000.
2. You can get 2 to 10 years in the state penitentiary.
3. Your driver’s license can be suspended for a period of 180 days to 1 year.

PROBATION

In some intoxicated assault cases you can get probation. The possibility of probation depends on severity of the injuries of the people involved in the accident and your prior record.

CONDITIONS FOR PROBATION

When you are charged with an intoxicated assault, there are some conditions required to get probation. These include:

1. Serving jail time as a mandatory condition of the probation. This jail time is a minimum of 30 days, and a maximum of 180 days.
2. Performing community service from 160 to 600 hours.
3. Taking part in different types of alcohol treatment programs (it can be inpatient or outpatient treatments).

Note: These conditions are in addition to the ones for the DWI charge.

DEFINITION

An intoxicated manslaughter charge is placed against you if your intoxication caused the death of another person.

FINES AND JAIL TIME

If you are convicted with an intoxicated manslaughter, then according to Texas DWI laws:

1. You can be fined up to $10,000.
2. You can be sentenced in the state penitentiary for a term of two (2) to twenty (20) years.
3. Your driver’s license can be suspended for a term of 180 days to 2 years.

PROBATION

It is possible to get probation in intoxicated assault cases, but normally it is very difficult to get one. In order to receive probation, the family of the victim usually has to agree to the deal.

CONDITIONS FOR PROBATION

If you receive probation for an intoxicated manslaughter charge, you will have to abide by the following conditions:

1. You must serve a jail time, which can be a minimum of 120 days and a maximum of 180 days.
2. You must perform a community service for a period of 240 to 800 hours.

Note: These conditions are in addition to the ones for the Intoxicated Assault charge.