A first DWI offense with BAC less than 0.15 is a Class B misdemeanor in Texas, with a minimum of 72 hours in jail, or six days if there is an open container in the vehicle. The fine cannot exceed $2,000, but other fees can be added, including administrative, evaluative, and surcharge fees. The surcharge is $1,000 per year for three years, or $2,000 if your blood alcohol content was at or above twice the legal limit. Your license will be suspended for a year, but you can get an occupational license on an as-needed basis. You will also be required to complete a 12-hour DWI education program within 180 days or risk revocation of your license. The judge will order community service of not less than 24 hours and not more than 100 hours.
A second DWI offense, or a first DWI offense with BAC at or above 0.15, is a Class A misdemeanor. You must serve a minimum of 72 hours, but can spend up to a year in jail. Fines can be up to $4,000, not including administrative, evaluative, and surcharge fees. The surcharge fees are $1,500 per year for three years or $2,000 if your BAC is at or more than twice the legal limit. Your driving privileges can be suspended for 180 days to two years, but an occupational license is available on an as-needed basis. You will be ordered to use an ignition interlock device, typically for a year, which will require you to blow into a tube before starting your car. If the device detects alcohol on your breath, your car will not start. You also will be required to attend a 32-hour DWI repeat offender program and must provide at least 80 but not more than 200 hours of community service.
A third DWI charge will be a third-degree felony, with a potential sentence of two to 10 years in the penitentiary and a fine of up to $10,000.
If you get a DWI with a child under the age of 15 in the car, you can be charged with a state-jail felony, with a potential sentence of 180 days to two years in a state jail and a fine of up to $10,000.
For all DWI convictions, probation may be granted at the discretion of the judge or jury.
