Every one of us makes mistakes. But some mistakes have more serious consequences than others.

If you face a drunk driving charge after an arrest for driving while intoxicated (commonly known in Texas as a “DWI” then you should know about classifications of punishments for Texas DWI cases, which can arise when an arrest leads to a charge, and a charge leads to a conviction.

Along with gaining such knowledge, you should contact an experienced Texas DWI defense attorney in the Houston area to protect and defend your legal rights.

Texas laws on driving while intoxicated hold that punishments can vary depending on the factors of each individual case. 

These factors include a person’s age, license type, arrest frequency and other contributing elements in their background.

Blood alcohol content (BAC) also is a factor–a major one

Perhaps the most important factor, from the start, is the blood alcohol content, or BAC, of the driver’s body.

Measured or detectable BAC can greatly determine charges and punishments for drunk driving. Such measurements can be made by testing a driver’s blood, urine or breath.

In Texas and most other states, the legal point at which BAC constitutes drunk driving is when BAC is .08 percent or higher.

That holds for the average driver who is 21 years old or older, but not for commercial drivers. 

For commercial drivers, the legal limit for drunk driving starts at just .04 percent BAC.

Further, any amount of alcohol detected or measured in a person less than 21 years of age constitutes an offense of driving under the influence of alcohol. 

Texas law holds that it’s illegal for any person under 21 years old to consume alcoholic beverages, and if they’re driving under any amount of alcohol influence, the law has zero tolerance.

In fact, underage drivers need not even be impaired. Any amount of alcohol in their system constitutes driving under the influence of alcohol, or DUIA. They could have BAC of less than .08 and still be arrested and charged.

What is DWI?

Before we proceed further, it’s important to understand that though the acronym “DWI” stands for “driving while intoxicated,” DWI doesn’t refer only to alcohol.

Texas DWI law (known as Texas Penal Code Section 49.04) holds that intoxication while operating a motor vehicle means “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”

Alcohol is a drug. But under Texas DWI laws, it’s not the only drug that can contribute to a DWI charge.

Under Texas DWI laws, DWI offenses starting with an alcohol concentration of .08 BAC or higher is a Class B misdemeanor. But if BAC is 0.15 percent or higher, the charge becomes a Class A misdemeanor, which is worse.

Plus, the charge can be raised for repeat offenses or if illegal controlled substances such as cocaine) were involved.

What is DUI?

Now you know what DWI signifies. But you also may have heard the term “DUI,” or “driving under the influence.” 

What is DUI, and how does driving under the influence differ from driving while intoxicated (DWI)?

Under Texas law, the biggest difference between a DWI and a DUI charge is age. DUI pertains only to minors under the age of 21 who operate a motor vehicle (which can be a watercraft as well as an automobile) “with any detectable amount of alcohol in the minor’s system.” That’s according to Texas Penal Code Section 106.041.

Under Texas’s drunk driving laws for minors, the state doesn’t have to prove intoxication but rather that any detectable amount of alcohol was in the minor’s system. Such a DUI charge is a Class C misdemeanor, which brings a maximum fine of $500.

But a DUI charge can be increased to a more serious DWI charge with stiffer punishments if the minor has a high BAC or was under the influence of any illegal drugs, including marijuana. Previous DUI convictions also can hike a DUI charge, especially if the defendant, while a minor under 21, is at least 18 years old and not a child under 18.

Penalties and punishments for adult drunk driving in Texas

Under Texas laws on intoxication offenses, adults who are charged and convicted of drunk driving can face various penalties and punishments, including the following:

Also, they could face higher auto liability insurance rates, depending on their insurer.

First-time DWI adult offense

An adult arrested for a first-time DWI offense faces a Class B misdemeanor charge. Penalties include spending a minimum of 3 days (72 hours) in jail, or 6 days in jail if an open alcohol container was in the car at the time of their arrest. (Even a passenger can be fined $500 if an open alcohol container is in the vehicle.)

Depending on the circumstances of the case, jail time for a first-time DWI offense could be as much as 6 months or 180 days.

After conviction, other penalties for a first-time DWI offense include suspending a driver’s license for at least 3 months (90 days) or for up to 1 year. And even without an eventual conviction, a positive test showing an illegal BAC means your driver’s license will be temporarily suspended.

When you’re finally able to regain your driver’s license, you may have to pay from $1,000 to $2,000 each year for a 3-year period to retain your driver’s license. On top of that, you may have to pay a separate fine to the state of as much as $2,000 for your DWI offense under Texas laws on DWI punishments.

After jail time, you could be put on probation for a certain period of time. You also could have to participate in educational programs concerning alcohol abuse.

A first-time DWI offense can bring even tougher penalties if the driver had a child less than 15 years old as a passenger in the vehicle. 

The offense then becomes a state jail felony, punishable by 6 months to 2 years in state jail, a fine of as much as $10,000 and a 6-month driver’s license suspension.

Second DWI adult offense

An adult arrested for a second DWI offense faces a Class A misdemeanor charge, which doubles the penalties upon conviction. Jail time can be 1 month to 1 year, and fines can be as much as $4,000.

Further, drivers may have their license suspended for up to 2 years. To regain and retain a driver’s license after that time, drivers may have to pay the state an annual fee of $1,000, $1,500 or $2,000 for 3 years. (The same holds true for a third DWI conviction.)

Third DWI adult offense

An adult arrested for a third DWI offense faces a third-degree felony charge. Upon conviction, punishments can include a fine of as much as $10,000 and prison time of 2 to 10 years.

Intoxication assault and vehicular manslaughter

Another third-degree felony with identical punishments is intoxication assault, which means the driver caused serious bodily injury while driving drunk.

Intoxication vehicular manslaughter, or killing a person while driving drunk, is a second-degree felony with prison time of 2 to 20 years and a fine of as much as $10,000. Hundreds of hours of community service may also be required.

Such charges are independent of the number of prior drunk driving arrests.

Penalties and punishments for minor (teen) drunk driving in Texas

Texas law provides different punishments for minors convicted of drunk driving offenses. Even so, minors can be charged the same as adults for drunk driving.

In Texas, minors who are 15 years old can only have a learner’s permit. That means an adult 21 years of age or older also must be in the vehicle with them while they drive. At 16, a minor can get a provisional driver’s license, which allows driving on their own with some restrictions. At 18, a person is old enough to get an adult driving license without such provisions.

Again, the state of Texas has a zero-tolerance policy toward minors who drink and drive. That means a minor who drinks and drives can be arrested for having any amount of alcohol in his or her system.

If the amount is .8 percent or higher, the charge is DWI, or driving while intoxicated. If the amount is above .0 percent but below .8 percent, the charge is DUIA, or driving under the influence of alcohol.

In Texas, a minor is anyone under the age of 18, but being 18 to 10 years old doesn’t mean you can drink, since the legal drinking age in Texas is 21. Thus, someone who is 18 to 20 years old, even though not legally a minor, faces the same zero tolerance of any minor if they drink and drive.

However, for a minor 16 years old or younger, jail time is unlikely for such an offense.

First drunk driving offense for a minor or teen

On the other hand, a minor who is 17-20 years old and arrested for a first-time DWI offense can face a Class B misdemeanor charge. Penalties include a fine of up to $2,000, jail time of 3 to 180 days, and driver’s license suspension for 90 days to 1 year.

Such a minor also may be required to take an alcohol education program of up to 12 hours and pay a yearly fee of $1,000 to $2,000 for 3 years to retain their driver’s license after its suspension ends.

For a first-time DWI offense only, a court may waive the driver’s license suspension and probate the jail sentence. Also, some minors may be given a penalty of community service. Upon completion, their driver’s license suspension would only last 90 days.

A minor 17-20 years old who’s arrested for a first-time DUIA offense (with a BAC under .8 percent) faces a fine of up to $500, 20 to 40 hours of community service, and driver’s license suspension for 60 to 180 days.

A minor who is 16 or younger and is arrested for a first-time DUIA offense faces a Class C misdemeanor charge. Conviction brings a fine of up to $500, driver’s license suspension for 60 to 180 days, and 20 to 40 hours of community service.

Second drunk driving offense for a minor or teen

A second DWI offense for a 17- to 20-year-old is a Class A misdemeanor with a fine of up to $4,000, jail time of 30 days to 1 year, and driver’s license suspension for 180 days to 18 months.

For a second-time DUIA offense, the penalties are a fine of up to $500, 40 to 60 hours of community service, and driver’s license suspension for 120 days to 2 years.

A second offense for a minor who is 16 or younger is a Class C misdemeanor with penalties of a fine of up to $500, driver’s license suspension for 120 days to 2 years, and 40 to 60 hours of community service.

Three or more drunk driving offenses for a minor or teen

A third or higher numbered offense is a third-degree felony with a fine of up to $10,000, a prison sentence of 2 to 10 years, and driver’s license suspension for 180 days to 2 years.

For a third-time DUIA offense, the penalties are a fine of up to $500, 40 to 60 hours of community service and driver’s license suspension for 180 days to 2 years.

A third DUIA offense for a minor who is 16 or younger is considered delinquent conduct by a minor 10 to 17 years old, with a fine of up to $2,000, driver’s license suspension for 180 days to 2 years, and 40 to 60 hours of community service.

Charged with drunk driving? Hire the best Texas DWI defense attorney now

As you can see, DWI, DUI or drunk driving punishments in Texas can be severe. Yet many people who are arrested are not guilty. For one thing, roadside breath tests often are inaccurate and may not reflect the actual amount of alcohol in a person’s system. Authorities who administer such tests may not be properly trained, and the equipment to administer them may be faulty.

That’s one reason why it’s important to get the best Texas DWI defense attorney you can find to protect your legal rights.

Contact the Neal Davis Law Firm today for a legal review of your Texas DWI or DUI case. 

We’ve successfully gotten many DWI cases dismissed before trial. Even when cases have gone to trial, we’ve often won cases that others thought were unwinnable.