Houston DWI Penalties for Driving While Intoxicated – Additional DWI Penalties
a) First offense: A first-offense conviction includes a fine not to exceed $2,000 and/or the possibility of serving jail time from 3 days to 180 days, and a driver’s license suspension of 90 to 365 days. (Class B Misdemeanor)
b) Second offense: The maximum fine increases to no more than $4,000 and/or jail from 30 days to 1 year, and a possible driver’s license suspension ranging from 180 days to 2 years. (Class A Misdemeanor)
c) Third offense: Here, you may receive a fine up to $10,000 and/or 2 to 10 years of imprisonment and suspension of your driver’s license ranging from 180 days up to 2 years. (3rd Degree Felony)
d) DWI with an open alcohol container (first offense): In addition to the penalty referenced above, you face a minimum 6 days in jail and a fine of no more than $2,000. (Class B Misdemeanor)
e) DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: This crime is called Intoxication Assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000. (3rd Degree Felony)
f) DWI where a death has occurred as a proximate cause of the intoxication: Here, the crime is Intoxication Manslaughter. Upon conviction you might have to pay a maximum fine of $10,000 and/or be imprisoned from 2 to 20 years. (Intoxicated Manslaughter and Manslaughter With Use of Deadly Weapon are both 2nd Degree Felonies.)
g) A prior DWI conviction and a present drag-racing charge: Drag racing is a Class B Misdemeanor, however, it becomes a Class A Misdemeanor where the person had a prior drag-racing conviction, a DWI conviction, or while driving with an open alcohol container.
h) DWI with a child passenger: A person commits a State jail felony if driving while intoxicated and there is another person in the vehicle under 15 years of age. Punishment for a non-enhanced State jail felony is by confinement in a State jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.
In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of Intoxication Assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation. Furthermore, to receive probation upon being convicted of Intoxication Manslaughter you must serve a minimum of 120 days in jail.
However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the Court or jury finds that you committed the offense with a deadly weapon you may be ineligible to receive probation at all.
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