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Penalties for a Texas DWI Conviction:About Dallas Fort Worth Texas DWI Lawyer John M. Cook 15 DAY TEXAS DWI WARNING!Because within as little as 15 days of your arrest you may automatically lose your drivers license and even your entire case by delaying your decision to hire an attorney, we strongly recommend that you complete a FREE CASE REVIEW immediately. Quickly obtaining a Texas DUI lawyer attorney, a Texas DWI lawyer attorney, or a Texas Drunk Driving lawyer attorney to review your case is extremely important! Please complete a FREE CASE REVIEW and submit it as soon as possible, and we will have an attorney in your area contact you immediately.
Range of Punishment If you had an open container of alcohol in your possession when you were arrested, the minimum term of confinement is six (6) days in the county jail. Absent dangerous or severe facts, most people convicted of their first DWI will have their jail sentence probated, and be placed on probation. Probation can last up to 24 months, and most North Texas counties only offer probation for 24 months. It is important to understand that any violation of any condition of probation can result in your probation being revoked and the jail sentence imposed. Common Probation Conditions Community Service: Texas law mandates that you perform a minimum of 24 hours, nor more than 100 hours of community service if granted probation. 80 hours of community service is common. Jail Time: For a first DWI, this is rare. If your case has dangerous facts, you could be sentenced to 30 days in the county jail as a condition of probation. If your probation subsequently gets revoked, you will not receive credit for these days in jail. Fine: You will have to pay a fine through probation. It is typical for a first offense to have to pay approximately $600-$800 fine for your first offense. Court Costs: You will have to pay court costs which will cost you approximately $300. Deep Lung Air Device: Thisis formally called the "ignition interlock." In order to start your car, you have to blow into the device, and if it detects a certain amount of alcohol, it will not let you start your car. Some devices require you to blow into it every 20 minutes the car is being driven. This is discretionary with first DWI's, but is mandatory for all subsequent DWI's as a condition of probation, and as a requirement of your bond. Alcohol/Drug Evaluation: You will have to be evaluated to see if you have a alcohol or drug problem. This is done through a government agency, not through your own provider. If they deem you to have a problem, you will have to pay for, and comply with any recommended treatment. If you were to receive a bad evaluation, the ignition interlock most likely will be added as a condition of your probation. You could also be ordered to attend AA meetings as a condition of your probation, regardless of the results of your evaluation. Consume No Alcohol: Some courts mandate that you consume no alcohol whatsoever. This means you cannot take any medicine that contains alcohol. For instance, you have a cold and take medicine with alcohol in it. You then go to your car that unfortunately has the ignition interlock device. You blow into the device and it prevents your car from starting. Because your car will not start, you miss you probation meeting. Your probation officer gets the report on the ignition interlock device and it shows you had alcohol in your system just prior to your missed probation meeting. Or, you make your meeting and they compel you give a urine sample that tests positive for alcohol. Under these very likely (and common) situations, you most likely are going to have your probation revoked and be put in jail! Antabuse Drug: This is a drug that makes individuals violently ill when mixed with alcohol. Mouthwash and foods marinated in alcohol cause this adverse effect. You have to take it every day of the week (excluding Saturday & Sunday) in front of your probation officer or any law enforcement personnel. This is a rare condition of probation, and usually only applies to felonies. DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year. If you were a minor at the time of the DWI, your license will automatically be suspended for 1 year as a result of the conviction, and you will still be ordered to complete this course. Victim Impact Panel: This course is presented by M.A.D.D. Victims of drunk drivers speak at these courses and tell you how their lives were adversely affected by drunk drivers, in hopes of educating you so you will not drink and drive anymore. Employment: You will be ordered to work faithfully at suitable employment during probation. If you do not have a job, you will be forced to try and find one, and the probation department will monitor your efforts. Further, you have to allow your probation officer to visit you at work if they want to. Commit No Crimes: Obviously, do not commit any other crimes. Any violation of the law can result in your probation being revoked. I have never heard of someone having their probation revoked for a simple speeding ticket (excluding a reckless driving charge as a result) or for failing to use their turn signal (Class "C" traffic violation). But a Class "C" Public Intoxication most certainly will result in your probation being revoked. Residence: You can be ordered to stay within the State of Texas or even within a specific county during probation, and if you want to go on a trip, you will have to get permission from your probation officer first. Further, if you move, you will have to tell your probation officer within 5 days. You also have to allow your probation officer to visit you in your home if they want to. Probation Fees: Every time you report to probation, you will have to pay them for your visit. The fee ranges from $40-$60 per visit. Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or more commonly your urine to determine the presence of any alcohol or drugs, and you will have to pay for the test. Nightlife & Business Luncheons/Dinners: The Judge has to authority to ban you from all bars, night clubs, honkey tonks, saloons, or any establishment that serves alcohol! Keep in mind the Cowboys, Mavericks, Stars, and Rangers all serve alcohol at their games. Electronic Monitoring: Although unusual, Judges can require you to submit to electronic monitoring. You will be forced to wear a device (about the size of a pager) around your ankle. You will be allowed outside your home during specified periods of time. If you are not at home when required, the monitor knows it, and your probation can be revoked. Crime Stoppers: Most Judges will order you to make a one time payment to Crime Stoppers, ranging from $20-50. More Conditions: The Judge may impose any other condition they seem fit for your probation. Judges have ordered probationers to remove all alcohol from their house. This included Vanilla Extract, Nyquil, and Mouthwash! If probation is granted, you will be given an Order setting all you terms and conditions of probation that apply to your specific case. You must comply with each and every term and condition, otherwise, you could end up in jail. My goal in defending you is to try and ensure that you do not have to face any of these potential penalties or the stigma of being a convicted criminal for life.
Second DWI - Class A Misdemeanor
New technology has made these devices "user sensitive", so they are supposed to be able to detect if you have someone else blow into your device. Does this not seem to presume you are guilty, not innocent? Range of Punishment If probation is granted and you were convicted within 5 years of your 1st DWI, you must serve a minimum of 5 days in jail as a condition of your probation. If probation is granted and you were convicted within 10 years of your 1st DWI, you must serve a minimum 3 days in jail as a condition of your probation. Common Probation Conditions Drivers License Suspension: Your license may be suspended for not less than 180 days to 2 years. Monthly Reporting: You will be ordered to report to your probation officer each month. Absent an emergency, there is no excuse for not reporting. "I couldn't make it this month, I had to go to work" is not a valid excuse. "I did not have the probation fee" is not a valid excuse. Even if you cannot pay the monthly probation fee, you have to report. Failure to report can result in your probation being revoked and you beingput in jail. Community Service: Texas law mandates that you perform a minimum of 80 hours, nor more than 200 hours of community service if granted probation. Jail Time: For a second DWI, this is common. If your case has dangerous facts, you should expect to receive 30 days in the county jail as a condition of probation. If the facts of your case are not dangerous, you should expect to receive between 7-14 days in the county jail as a condition of probation. If your probation subsequently gets revoked, you will not receive credit for these days in jail. Fine: You will have to pay a fine through probation. It is typical for a second offense to have to pay approximately $1,000-$1,500 fine for your second offense. Court Costs: You will have to pay court costs which will cost you approximately $300. Deep Lung Air Device: This is formally called the "ignition interlock." In order to start your car, you have to blow into the device, and if it detects a certain amount of alcohol, it will not let you start your car. Some devices require you to blow into it every 20 minutes the car is being driven. This is discretionary with first DWI's, but is mandatory for all subsequent DWI's as a condition of probation, and as a requirement of your bond. Most Courts make this a condition of your second DWI. Alcohol/Drug Evaluation: You will have to be evaluated to see if you have a alcohol or drug problem. This is done through a government agency, not through your own provider. If they deem you to have a problem, you will have to pay for, and comply with any recommended treatment. If you were to receive a bad evaluation, the ignition interlock most likely will be added as a condition of your probation. You could also be ordered to attend AA meetings as a condition of your probation, regardless of the results of your evaluation. Consume No Alcohol: Some courts mandate that you consume no alcohol whatsoever. This means you cannot take any medicine that contains alcohol. For instance, you have a cold and take medicine with alcohol in it. You then go to your car that unfortunately has the ignition interlock device. You blow into the device and it prevents your car from starting. Because your car will not start, you miss you probation meeting. Your probation officer gets the report on the ignition interlock device and it shows you had alcohol in your system just prior to your missed probation meeting. Or, you make your meeting and they compel you give a urine sample that tests positive for alcohol. Under these very likely (and common) situations, you most likely are going to have your probation revoked and be put in jail! Antabuse Drug: This is a drug that makes individuals violently ill when mixed with alcohol. Mouthwash and foods marinated in alcohol cause this adverse effect. You have to take it every day of the week (excluding Saturday & Sunday) in front of your probation officer or any law enforcement personnel. This is a rare condition of probation, and usually only applies to felonies. DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year. If you were a minor at the time of the DWI, your license will automatically be suspended for 1 year as a result of the conviction, and you will still be ordered to complete this course. Victim Impact Panel: This course is presented by M.A.D.D. Victims of drunk drivers speak at these courses and tell you how their lives were adversely affected by drunk drivers, in hopes of educating you so you will not drink and drive anymore. Employment: You will be ordered to work faithfully at suitable employment during probation. If you do not have a job, you will be forced to try and find one, and the probation department will monitor your efforts. Further, you have to allow your probation officer to visit you at work if they want to. Commit No Crimes: Obviously, do not commit any other crimes. Any violation of the law can result in your probation being revoked. I have never heard of someone having their probation revoked for a simple speeding ticket (excluding a reckless driving charge as a result) or for failing to use their turn signal (Class "C" traffic violation). But a Class "C" Public Intoxication most certainly will result in your probation being revoked. Residence: You can be ordered to stay within the State of Texas or even within a specific county during probation, and if you want to go on a trip, you will have to get permission from your probation officer first. Further, if you move, you will have to tell your probation officer within 5 days. You also have to allow your probation officer to visit you in your home if they want to. Probation Fees: Every time you report to probation, you will have to pay them for your visit. The fee ranges from $40-$60 per month. Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or more commonly your urine to determine the presence of any alcohol or drugs, and you will have to pay for the test. Nightlife & Business Luncheons/Dinners: The Judge has to authority to ban you from all bars, night clubs, honkey tonks, saloons, or any establishment that serves alcohol! Keep in mind, the Cowboys, Mavericks, Stars, and Rangers all serve alcohol at their games. Electronic Monitoring: Although unusual, Judges can require you to submit to electronic monitoring. You will be forced to wear a device (about the size of a pager) around your ankle. You will be allowed outside your home during specified periods of time. If you are not at home when required, the monitor knows it, and your probation can be revoked. Crime Stoppers: Most Judges will order you to make a one time payment to Crime Stoppers, ranging from $20-50. More Conditions: The Judge may impose any other condition they seem fit for your probation. Judges have ordered probationers to remove all alcohol from their house. This included Vanilla Extract, Nyquil, and Mouthwash! My goal in defending you is to try and ensure that you do not have to face any of these potential penalties or the stigma of being a convicted criminal for life. Most Judges will not put an ignition interlock as a condition of your bond if it is your 1st DWI. However, if you are charged with Intoxicated Assault, Manslaughter, or a subsequent DWI (no matter how long ago your 1st DWI was), you are required by law to install an ignition interlock device on your car. You also are not allowed to drive any vehicle that is not equipped with an interlock device. If the device determines a certain level of alcohol on your breath, it will temporarily disable your vehicle. When driving, you have to continuously blow into the device about every 20 minutes. It becomes extremely difficult to entertain a client, conduct real estate business, or drive the kids with their friends to school with this device in your car. Range of Punishment Fine: A fine not to exceed $10,000. If probation is granted, you must serve a minimum of 10 days in jail as a condition of the probation! Common Probation Conditions Monthly Reporting: You will be ordered to report to your probation officer each month. Absent an emergency, there is no excuse for not reporting. "I couldn't make it this month, I had to go to work" is not a valid excuse. "Idid not have the probation fee" is not a valid excuse. Even if you cannot pay the monthly probation fee, you have to report. Failure to report can result in your probation being revoked and you being put in jail. Community Service: Texas law mandates that you perform a minimum of 160 hours, nor more than 600 hours of community service if granted probation. Jail Time: For a Felony DWI, the Judge may impose up to 180 days in the County Jail as a condition of probation. Fine: You will have to pay a fine through probation, and should expect to pay at least $2,000. Court Costs: You will have to pay court costs that will cost you approximately $300. Deep Lung Air Device: This is formally called the "ignition interlock." In order to start your car, you have to blow into the device, and if it detects a certain amount of alcohol, it will not let you start your car. Some devices require you to blow into it every 20 minutes the car is being driven. This is discretionary with first DWI's, but is mandatory for all subsequent DWI's as a condition of probation, and as a requirement of your bond. All Judges I know make this a condition of felony probation. And remember, probation can last up to 10 years! Alcohol/Drug Evaluation: You will have to be evaluated to see if you have an alcohol or drug problem. This is done through a government agency, not through your own provider. If they deem you to have a problem, you will have to pay for, and comply with any recommended treatment. If you were to receive a bad evaluation, the ignition interlock most likely will be added as a condition of your probation. You could also be ordered to attend AA meetings as a condition of your probation, regardless of the results of your evaluation. Consume No Alcohol: Some courts mandate that you consume no alcohol whatsoever. This means you cannot take any medicine that contains alcohol. For instance, you have a cold and take medicine with alcohol in it. You then go to your car that unfortunately has the ignition interlock device. You blow into the device and it prevents your car from starting. Because your car will not start, you miss you probation meeting. Your probation officer gets the report on the ignition interlock device and it shows you had alcohol in your system just prior to your missed probation meeting. Or, you make your meeting and they compel you give a urine sample that tests positive for alcohol. Under these very likely (and common) situations, you most likely are going to have your probation revoked and be put in jail! Antabuse Drug: This is a drug that makes individuals violently ill when mixed with alcohol. Mouthwash and foods marinated in alcohol cause this adverse effect. You have to take it every day of the week (excluding Saturday & Sunday) in front of your probation officer or any law enforcement personnel. This is becoming more common for felony probations. DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year. If you were a minor at the time of the DWI, your license will automatically be suspended for 1 year as a result of the conviction, and you will still be ordered to complete this course. Victim Impact Panel: This course is presented by M.A.D.D. Victims of drunk drivers speak at these courses and tell you how their lives were adversely affected by drunk drivers, in hopes of educating you so you will no longer drink and drive. Employment: You will be ordered to work faithfully at suitable employment during probation. If you do not have a job, you will be forced to try and find one, and the probation department will monitor your efforts. Further, you have to allow your probation officer to visit you at work if they want to. Commit No Crimes: Obviously, do not commit any other crimes. Any violation of the law can result in your probation being revoked. I have never heard of someone having their probation revoked for a simple speeding ticket (excluding a reckless driving charge as a result) or for failing to use their turn signal (Class "C" traffic violation). But a Class "C" Public Intoxication most certainly will result in your probation being revoked. Residence: You can be ordered to stay within the State of Texas or even within a specific county during probation, and if you want to go on a trip, you will have to get permission from your probation officer first. Further, if you move, you will have to tell your probation officer within 5 days. You also have to allow you probation officer to visit you in your home if they want to. Probation Fees: Every time you report to probation, you will have to pay them for your visit. The fee is approximately $60 per month. Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or more commonly your urine to determine the presence of any alcohol or drugs, and you will have to pay for the test. Nightlife & Business Luncheons/Dinners: The Judge has to authority to ban you from all bars, nightclubs, honkey tonks, saloons, or any establishment that serves alcohol! Keep in mind, the Cowboys, Mavericks, Stars, and Rangers all serve alcohol at their games. Electronic Monitoring: Although unusual, Judges can require you to submit to electronic monitoring. You will be forced to wear a device (about the size of a pager) around you ankle. You will be allowed outside your home during specified periods of time. If you are not at home when required, the monitor knows it, and your probation can be revoked. Crime Stoppers: Most Judges will order you to make a one-time payment to Crime Stoppers, ranging from $20-50. More Conditions: The Judge may impose any other condition they seem fit for your probation. Judges have ordered probationers to remove all alcohol from their house. This included Vanilla Extract, Nyquil, and Mouthwash! My goal in defending you is to try and ensure that you do not have to face any of these potential penalties or the stigma of being a convicted criminal for life.
CHAPTER 106 PROVISIONS RELATING TO AGE Definition of Minor (106.01) Purchase of Alcohol by a Minor (106.02) (b) An offense under this section is punishable as provided by Section 106.071 Attempt to Purchase Alcohol by a Minor (106.025) Sale to Minors (106.03) (b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid Texas driver's license or an identification card issued by the Texas Department of Public Safety, containing a physical description consistent with his appearance for the purpose of inducing the person to sell him an alcoholic beverage. (c) An offense under this section is a Class A misdemeanor (punishable by up to one year in jail and a $4,000.00 fine) Consumption of Alcohol by a Minor (106.04) (b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse. (c) An offense under this section is punishable as provided by Section 106.071. (d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred adjudication. For the purposes of this subsection: 2. an order of deferred adjudication for an offense alleged under this section is considered a conviction of an offense under this section. Driving Under the Influence of Alcohol by a Minor (106.041) (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by: (d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for: (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol. (f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred adjudication. (g) An offense under this section is not a lesser-included offense under Section 49.04, Penal Code. (h) For the purpose of determining whether a minor has been previously convicted of an offense under this section: (i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged. Possession of Alcohol by a Minor (106.05) (b) A minor may possess an alcoholic beverage: 1. while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; (c) An offense under this section is punishable as provided by Section 106.071. Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor (106.06) (b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage. (c) An offense under this section is a Class B misdemeanor. Misrepresentation of Age by a Minor (106.07) (b) An offense under this section is punishable as provided by Section 106.071. Punishment for Alcohol-Related Offense by a Minor (106.071) a. Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor. (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: 1. a fine of not less than $250 or more than $2,000; (d) In addition to any fine and any order issued under Section 106.115: A. not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or 2. the court shall order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for: (e) Community service ordered under this section must e related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that it considers appropriate for rehabilitative purposes. (f) For the purpose of determining whether a minor has been previously convicted of an offense to which this section applies: (g) In this section, "child" has the meaning assigned by Section 51.02, Family Code. (h) A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted. (i) A defendant who is not a child and who has been previously convicted at least twice of anoffense to which this section applies is not eligible to receive deferred adjudication for a subsequent offense. (a) No minor may import into this state or possess with intent to import into this state any alcoholic beverage. Employment of Minors (106.09) (b) A holder of a wine only package store permit may employ a person 16 years old or older to work in any capacity. (c) A holder of a mixed beverage permit may employ a person under 18 years of age to work in any capacity other than the actual selling, preparing, or serving of mixed beverages. (d) The fact that a person is 18, 19, or 20 years of age is not a ground for refusal of an original or renewal permit or license issued under Chapter 35 or 73 of this code, provided that such a person to whom a permit or license is issued may carry out the activities authorized by those chapters only while in the actual course and scope of the person's employment. Plea of Guilty by a Minor (106.10) Parent or Guardian at Trial (106.11) (b) If the parent or legal guardian of a person under 18 years of age accused of a violation of this chapter resides within the jurisdiction of the court before whom the case is to be heard, the court shall summon the parent or legal guardian to appear in court and shall require him to be present at all proceedings in the case. (c) If the parent or legal guardian of a person under 18 years of age accused of a violation of this chapter resides outside the jurisdiction of the court before whom the case is to be heard, the court shall give written notice of the charge against the person to the parent or the legal guardian. (d) If the court is unable to locate or to compel the presence of the person's parent or legal guardian after diligent effort, the court may waive the requirement of presence of a parent or legal guardian. Attendance at Alcohol Awareness Course; License Suspension (106.115) (b) When requested, an alcohol awareness program may be taught in languages other than English. (c) The court shall require the defendant to present to the court, within 90 days of the date of final conviction, evidence in the form prescribed by the court that the defendant, as ordered by the court, has satisfactorily completed an alcohol awareness program or performed the required hours of community service. For good cause the court may extend this period by not more than 90 days. If the defendant presents the required evidence within the prescribed period, the court may reduce the assessed fine to an amount equal to no less than one-half of the amount of the initial fine. (d) If the defendant does not present the required evidence within the prescribed period, the court: 2. may order the defendant or the parent, managing conservator, or guardian of the defendant to do any act or refrain from doing any act if the court determines that doing the act or refraining from doing the act will increase the likelihood that the defendant will present evidence to the court that the defendant has satisfactorily completed an alcohol awareness program or performed the required hours of community service. (e) The Department of Public Safety shall send notice of the suspension or prohibition order issued under Subsection (d) by first class mail to the defendant. The notice must include the date of the suspension or prohibition order, the reason for the suspension or prohibition, and the period covered by the suspension or prohibition.
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