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Driving While Intoxicated
Under Texas Law, an offense for Driving While Intoxicated (DWI) can be classified many ways depending on the facts surrounding the arrest for drunk driving and the prior criminal history of the accused. The Classifications of DWI under Texas Law are as follows:
• DWI, First Offense: Class B Misdemeanor
• DWI, Second Offense: Class A Misdemeanor
• DWI, Third Offense (or more): Third Degree Felony
• Intoxicated Assault: Third Degree Felony
Range of Punishment for DWI
The punishment for a first offense DWI (Class B Misdemeanor) is:
• A fine not to exceed $2,000.
• Confinement in the County Jail for a term not less than 72 hours and not more than 180 days.
The punishment for a second offense DWI (Class A Misdemeanor) is:
• A fine not to exceed $4,000.
• Confinement in the County Jail for a term not less that 30 days or more than one (1) year.
The Punishment for a third offense (or greater) DWI (Third Degree Felony) is:
• A fine not to exceed $10,000.
• Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less that two (2) years nor more that ten (10) years.
The Punishment for Intoxication Assault (Third Degree Felony) is:
• A fine not to exceed $10,000.
• Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less that two (2) years nor more that ten (10) years.
Definition of “Intoxication” under Texas Law
The most commonly disputed element in a DWI trial is the “while intoxicated” element. The State of Texas has defined “Intoxication” as [Texas Penal Code §49.01(2)]:
1. “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
2. “having an alcohol concentration of 0.08 or more.”
What You Must Do Immediately After Being Arrested for DWI
You must have our office request a hearing on the suspension of your driver's license within 15 DAYS of your arrest of your diver's license will be automatically suspended. Call us today at (866) 439-2182 for help in requesting a hearing.
How will a DWI Conviction Hurt You in the Future?
If you plead guilty or are found guilty or DWI, you can be affected negatively in a variety of ways including, but not limited to:
- Having a PERMANENT criminal record: A DWI can never be removed from your record.
- Surcharges from the State for up to $2,000 per year for three years to keep your driver's license;
- Loss of employment and educational opportunities;
- Increase insurance rates and other hidden charges;
- Possible jail time, lengthy probation periods and high fines;
- Among other consequences.
Contact Frisco, Texas Criminal Defense Attorneys Biederman & Burleson, P.L.L.C., TODAY:
Call (866) 439-2182 to schedule a free, no-obligation consultation
The Law Offices of Biederman & Burleson, PLLC
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
(866) 439-2182 Toll Free
(800) 933-0891 Toll Free Fax
biedermanburlesonlaw@gmail.com
Toll Free: (866) 439-2182
Principal Office - Frisco
Dallas Office - By Appointment Only
at Mockingbird Station across from SMU
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Texas DWI Laws 
