A first-time DWI in Texas is a Class B misdemeanor, punishable by a jail term of up to 180 days, a fine no more than $2,000, and license suspension for up to a year. However, there are certain aggravating factors that could not only lead to increased penalties, but also a felony DWI charge.
The following are the most common factors to enhance a Texas DWI:
- High BAC – If your blood alcohol content (BAC) is at .15 or more—nearly double the legal limit in Texas—then you will be charged with a Class A misdemeanor, rather than a Class B misdemeanor. A Class A misdemeanor carries a maximum one-year jail sentence and a fine not exceeding $4,000.
- A previous DWI conviction – A conviction for another DWI offense is associated with an enhanced penalty. A second-time DWI is considered a Class A misdemeanor.
- Open alcohol container in the vehicle – If you law enforcement discover an open container of alcohol in the car after being pulled over for drunk driving, you could be sentenced to six days in jail.
- Child in the car – If you were arrested for DWI with a child passenger under 15 years of age in the vehicle, it is considered a state jail felony punishable by a maximum two-year jail term and a fine of up to $10,000.
- Intoxication assault – If you caused an accident that resulted in serious injury while drunk driving, it is a third-degree felony, which carries a maximum 10-year prison term and a fine no more than $10,000.
- Intoxication manslaughter – If you caused an accident that led to the death of another person, it is a second-degree felony, which carries a prison sentence of up to 20 years and a maximum $10,000 fine.
Just because you have been charged with an DWI, doesn’t mean that you are guilty of the crime. At The Law Office of Rene A. Flores PLLC, we are dedicated to helping our clients either get their entire case dismissed or significantly reduce the charges they face.
Contact us at (956) 606-3606 and schedule a free consultation today for more information.