Brazoria County DWI Attorney

What Are the DUI Penalties in Texas?

The penalties for a DUI / DWI in Texas vary. The most significant factor that determines penalties is whether or not the offender has any prior convictions for driving under the influence. If you've been charged, our Brazoria County DWI attorneys can help you understand the potential charges you face and can fight to defend your rights and future.

Penalties for a First DUI Offense

• 72 hours-6 months in jail (12 month maximum if BAC was .15% or more)
• Up to $2,000 in fines (up to $4,000 if BAC was .15% or more)
• 90 days-12 months license suspension

Penalties for a Second DUI Offense

• 30 days-12 months in jail
• Up to $4,000 in fines
• 180 days-2 years license suspension
• Ignition interlock device for 1 year if prior conviction was within 5 years

Penalties for a Third DUI Offense

• 2-10 years in jail
• Up to $10,000 in fines
• 180 days-2 years license suspension
• Ignition interlock device for 1 year if prior conviction was within 5 years

Is a DUI a Felony in Texas?

A DUI becomes a felony when it is your third DUI conviction. A DUI can also become a felony when you cause a non-fatal injury in an accident, you kill someone as a result of the DUI, there was a child when you were driving.

What Can a DWI Be Reduced to in Texas?

A DWI in Texas can be reduced to reckless driving, an obstruction of a passageway charge, or a public intoxication charge. This is a common event when there are errors or weaknesses in the prosecution’s case that make it difficult to obtain a conviction.

Public intoxication is a misdemeanor that results in a maximum fine of $500. However, a third charge after having two previous convictions for public intoxication carries the same jail term and fines as a DWI. We 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.

Long-Term Impact of a DWI on Your Record

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. If you apply for a job, you could be denied the job because of your DWI conviction. If your DWI conviction appears on your criminal record, we can help you explore options to have it removed.