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Breath Test After DWI

DWI Penalties in Texas

Under Texas law, the penalties for DWI can vary, depending on the number of prior DWI convictions. 
 

First DWI under Texas Law
Class B Misdemeanor. Punishments can include, but are not limited to the following:
$2,000 maximum fine;
Up to six months behind bars;
Suspended driver’s license for up to one year;
$1,000.00 every year for the next three years to keep your driver’s license;
First time offenders must also complete a 12 hour DWI Education Program within 180 days of when probation was granted or risk having their license revoked; and
Community Service of not less than 24 hours, but not more than 100 hours.
 

Second DWI under Texas Law
Class A Misdemeanor. Punishments upon conviction can include, but are not limited to the following:
$4,000.00 maximum fine;
Up to one year in jail;
Suspended driver’s license for up to two years; and
$1,500.00 for every year for three years to keep your driver’s license.
 

Third or Subsequent DWI
A third DWI in the state of Texas is a 3rd degree felony. Texas law does not provide or any increased punishment after a third DWI offense. A third DWI conviction or guilty plea can result in the following punishments:
$10,000.00 maximum fine
Two to ten years in prison
Suspension of driver’s license for up to two years
$2,000.00 every year for three years to keep your driver’s license
Community Service for a minimum 80 hours, but no more than 200 hours
 

A fourth DWI guilty plea or conviction can result in two to ten years in prison without probation.
 
DWI with Minor in Vehicle
 
It is a felony in the state of Texas to operate a vehicle while intoxicated with a minor under the age of 15 in the vehicle. A conviction of a DWI with a minor in the vehicle can result in a punishment of:
A fine of up to $10,000.00; and a state jail term of at least 180 days and up to 2 years. 

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