DWI TYPES IN TEXAS
In Texas, there are a number of types of intoxicated driving offenses.
- DWI 1st
- DWI 2nd
- DWI 3rd or more
- DWI with Child Passenger
- Intoxication Assault
- Intoxication Manslaughter
In each of these cases it is important to have a Lawyer who knows DWI to defend you.
DWI FIRST OFFENSES
In Texas, a DWI First Offense is a misdemeanor charge unless a couple things happen: if there is a serious injury or death the charge is elevated to a second or first degree felony accordingly. Or, if a person was driving with a child under 15 it is a lower felony called a state jail felony.
If none of these things happened in your case, it would be a DWI First Offense.
In Texas, a DWI First Offense has two different punishment ranges. If there is no blood alcohol level, or if that level is reported as less than .15; it is a class B misdemeanor with a range of punishment up to a $2,000 fine and between 3 days and 180 days in jail.
If the blood or breath test result comes back higher than a .15; the punishment range is up to a $4,000 fine from 0 days to 1 year in the county jail.
The state would have to prove a number of elements at your trial: 1) that on a particulair day, 2) in a particulair county, 3) you, 4) were operating, 5) a motor vehicle, 6) in a public place, 7) while intoxicated.
A DWI Second is a more serious offense compared to DWI 1st or DWI 1st with BAC greater than .15. In addition to proving the things necessary for a DWI 1st, the state must also prove there is a conviction on your record for any DWI type of offense. A Second DWI is a Class A misdemeanor with a minimum jail sentence of 30 days and a fine of up to $5,000 on top of court costs and possibly up to $4,500 to keep your driver’s license.
A DWI Second is still a misdemeanor, which means it is handled in a County Court. A person can go to jail for a DWI Second offense, but cannot be sentenced to prison time. These cases are very important to fight, and if you get this conviction and are ever accused again those charges are felonies.
DWI THIRD OR MORE
A DWI Third or more is a felony level offense. Because DWI Third or more is a Felony level offense, it is prosecuted in a District Court. The punishment range for a DWI Third or more goes from 2 years to 10 years in prison.
However, if you have ever been to prison before they can increase the punishment range. Depending on the circumstances of your case and your history with the law, you could be looking at a minimum of 25 years in prison on a case like this.
If you or a loved one is charged with a DWI Third or more you need to talk to a lawyer immediately.