Types of DWI Offenses in Texas

Being charged with a DWI offense in Austin, Texas, can be a significantly traumatic encounter. The penalties are extreme, the prospect of jail time is very real, and your track record can be affected.

What is “Intoxicated” as Described by Texas Law?

Driving “under the influence” or “while intoxicated” possesses various legal classifications within every state, but in Texas, the term “intoxicated” is described as:

• Not having the normal usage of your mental and physical ability because of the intake of drugs or liquor.
• Having a BAC (blood alcohol concentration) of. 08 or higher (for adult, noncommercial drivers).

When a police officer suspects a driver is intoxicated, they have to determine the possible cause and offer evidence that the driver is truly intoxicated. This typically includes observation of the driver, such as their conduct, appearance, and speech, and may also include field sobriety tests. These tests, which include blood and breath tests – can be turned down. However, due to the “implied consent” law, which states that by driving on the highways, you instantly consent to sobriety tests, if you do refuse these assessments, your license will be immediately revoked.

Another component to think about is that when a driver is caught with a DWI offense, two cases are filed against them, a civil case and a criminal case. The civil case, filed by the Department of Public Safety, entails the suspension of the driver’s license. The case, however, is far more serious and has escalating degrees of penalties. It also bears weighty fines and the possibility of imprisonment.

3 Main Types of DWI Offenses

Spring TX DWI First Offense

If you have never been charged with a DWI offense, then that is the most common and general type of DWI offense you will face. First offenses are usually Class B misdemeanors, and they are subject to a penalty of up to $2,000 with the probability of 3 to 180 days of county imprisonment. Your driver’s license may also be revoked, and depending on whether you decline or fail a blood or breathing test, the time of suspension can be anywhere from 90 days to 1 year.

Spring TX DWI Second Offense

When you get hit with a second DWI offense, it immediately gets escalated to a Class A misdemeanor. Second-time offenses carry a penalty of up to $4,000, thirty days to 1 year of county imprisonment, and your driver’s license could be revoked for anywhere from 180 days to two years. Additionally, depending on what state you reside in, a judge might demand that an ignition interlock device (essentially a breathalyzer for your vehicle, which stops an automobile from starting when the driver is intoxicated) be mounted in your automobile as a condition of probation or pretrial discharge.

Spring TX DWI Third Offense

By the time you have racked up three offenses, you have also made a move from a misdemeanor to a third-degree felony, which means a possible 2 to 10 years in state imprisonment, a $10,000 penalty, and having your license revoked for a period of 180 days up to 2 years. For third DWI offenses, by law, almost all judges will require an ignition interlock to be installed on your automobile as a condition of probation or pretrial release.

Even though these three main types seem to be pretty simple, it is essential to remember that they can become a lot more complex and the consequences much more severe depending on certain variables. 

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