Driving While Intoxicated (DWI)

• Generally this is a Class B Misdemeanor with a minimum confinement in the county jail of 72 hours ( 3 days).
• If it is proved at trial that the person operating the motor vehicle had a open container within the person’s immediate possession, it is a Class B Misdemeanor with a minimum confinement of 6 days in the county jail.
• If it is proven at trial that the 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 it is a Class A Misdemeanor.

Penalties to a person conviction of a First DWI:

• Maximum fine of $2,000
• Jail time: 72 hours to 180 days in county jail
• License Suspension: 90 to 365 days

*Please note that you can be enhanced if it is shown that you have a prior conviction of a DWI, operation of an aircraft while intoxicated, operation of a watercraft while intoxicated or operating or assembling an amusement ride while intoxicated.  See Texas Penal Code Sec. 49.09 (a). 

**Also you can be enhanced to higher penalties should it be proved that  you caused serious bodily injury or death to a firefighter in his/her official duty, an emergency medical services person in his/her official duty, a peace officer in his/her official duty or a judge in his/her official duty.  See Texas Penal Code Sec. 49.09 (b-1 thru b-3).

*** You also can be enhanced to a higher offense and penalty should you cause serious bodily injury to another in the nature of a traumatic brain injury. See Texas Penal Code Sec. 49.09 (b-4).