Is Jail Time Mandatory For 1st DWI In Texas?

by | Last updated on January 24, 2024

, , , ,

If you do end up being convicted for a 1st offense DWI in Texas, unless you are granted probation, you are probably looking at the mandatory three days in county jail . The other possibility is community supervision, which usually means you will be sentenced to some form of community service.

What happens after your first DWI in Texas?

DWI charges in Texas for a first offense

As long as your blood alcohol content (BAC) registers in under 0.15 (nearly twice the legal limit), your penalty will most likely include a suspended license for 90 to 365 days , a fine up to $2,000, and possibly a few days of jail time depending on your particular situation.

What happens on your first DWI in Texas?

DWI 1st Offense: For a first offense, the State of Texas will suspend your driver’s license for one year . ... Once eligible to reinstate your license, you will be charged a $2,000 surcharge per year for three years. DWI 3rd Offense: A third offense DWI will lead to a two-year loss of your driver’s license.

How long is probation for first-time DWI in Texas?

In Texas, probation for a first DWI may last from 6 months to 2 years , depending on a wide range of factors. Any probation violation is taken very seriously and will likely result in jail time.

Do you get probation for first DWI in Texas?

Driving while Intoxicated in Texas is a serious offense and court-ordered probation for a DWI carries significant required burdens for the probationer. ... The length of probation can be from as little as six months to as long as two years for a first-offense DWI conviction .

Can a DWI be reduced in Texas?

A DWI charge in Texas can have a significantly negative impact on your life. ... Fortunately, it is possible to get a Texas DWI reduced . A criminal defense attorney can negotiate with the prosecution or petition the court to lessen the charges and/or penalties—or even dismiss your case entirely—before a case goes to trial.

How long does a DWI stay on your record in Texas?

A DWI stays on your record permanently in Texas unless you are able to get it expunged or sealed . With a DWI on your record, anyone who runs a criminal background check on you will be able to see it, including employers, landlords, homeowners’ associations, and potential business partners.

How much does a DWI cost in Texas?

The Texas Department of Transportation estimates the average cost of a DWI to be $17,000 . In a press release issued six years ago the Texas Department of Transportation stated: “Convicted first-time DWI offenders can pay a fine of up to $2,000, lose their driver’s license for up to a year, and serve 180 days in jail.”

How bad is a DWI in Texas?

Drinking and driving in Texas is a serious offense. It doesn’t matter whether it’s your first, second, or third DWI: you can expect to pay severe penalties. A first DWI in Texas is a class B misdemeanor . If you receive a conviction, it could cost you thousands in fines and up to six months in county jail.

How much is a DWI fine in Texas?

What are the penalties for a DWI? Up to a $2,000 fine . Up to 180 days in jail upon conviction with three mandatory days. Loss of driver license up to a year.

Can I just go to jail instead of probation?

Can an Offender Always Choose Jail Over Probation? The bottom line answer is yes . However, the judge decides on how long the offender must stay in jail. The defendant and criminal defense attorney must analyze the case.

Can you drink while on probation for DWI Texas?

Attending Meetings: Between community service and educational classes, there are a handful of meetings you’ll be required to attend during DWI probation in Texas. Routine Testing: During probation, you are expected to avoid alcohol and drugs . Your probation officer will conduct routine testing to ensure this.

Is first DWI a felony in Texas?

While a first-time DWI itself is charged as a misdemeanor , there are three circumstances in which your first-time drunken driving arrest could lead to felony charges. ... Intoxication assault is a third-degree felony under Texas law. The second possibility is if you kill someone as a result of your drunken driving.

What is the penalty for your first DWI in Texas?

DWI 1st Offense: A first offense DWI is a Class B misdemeanor. A conviction carries a maximum fine of $2,000 as well as a jail sentence of up to 180 days .

How much does a DWI lawyer cost in Texas?

In short, your DWI lawyer costs are highly dependent on your particular lawyer and the facts of your case. However, you can expect to easily pay between $1,000 and $5,000 for a simple case that doesn’t go to trial, and up to $10,000 for a case that does go in front of a judge.

Can you get a DWI expunged in Texas?

The law regarding DWI expungements is complicated in Texas. If you were convicted of a DWI/DUI then no, you cannot get it expunged . The conviction will remain on your record. However, if you were arrested for a DUI or DWI, there may be some conditions that allow you to get it expunged.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.