Austin DWI Attorney Guide - Austin Texas DWI Penalties, Fines & Sentencing

Austin Texas DWI Penalties, Fines & Sentencing

First Austin Texas DWI Offense

Texas Criminal Status : Class B Misdemeanor
Jail : Minimum 72 hours, or 6 days if open container is present.
Austin Texas DWI Fines / Costs : Fine not to exceed $2,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16). Texas License Suspension: Yes, 1 year. Attending DWI Education class may avoid this. Occupational license may be granted based on need.
Violation of Zero Tolerance Law : N/A
Texas Conditional License : A conditional, or occupational license, may be issued based on "essential need" and usually only when the court orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241.
Vehicle Impound : None
Austin Texas DWI School : First time offenders must complete a 12 hour DWI Education Program within 180 days of when probation was granted or risk having their license revoked.
Texas Probation : Terms of probation decided by judge or jury.
Texas Community Service : 24 hours required, but no more than 100 hours.

Second Austin Texas DWI Offense Plus

Texas Criminal Status : Class A Misdemeanor. A 3rd DUI is a 3rd degree felony.
Jail : 72 hours, not more than 1 year. A 3rd DUI can mean 2-10 years in the penitentiary.
Austin Texas DWI Fines/Costs : Fines not to exceed $4,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16)
Texas License Suspension : Yes,180 days to 2 years. Occupational license may be granted based upon need.
Vehicle Impound : None.
Austin Texas DWI School : Repeat offenders must complete a 32 hour DWI Repeat Offender Program.
Texas Probation : Terms of probation decided by judge or jury.
Texas Community Service : Minimum 80 hours, but no more than 200 hours.

Other Austin Texas DWI Offense

Austin DWI and Driving with Minor : It is a felony to drive while intoxicated with a minor younger than 15 years of age in the vehicle.
Commercial Vehicle : Over .04 BAC level may suspend a commercial driver’s license for one year and up to 3 years if the driver was carrying hazardous materials.
Under Age : 21
Texas Open Container Laws : Yes, driver and passenger. This is a Class C Misdemeanor.
How long does a Texas DWI stay on your record? A DWI conviction in Texas stays on your driving record forever.
Driver Responsibility Tax : TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense, $1,500 per year for three years for a second DWI offense and $2,000 for a first or subsequent conviction if the person’s BAC level was double or more the legal limit (.16).
Ignition interlock device program : Required in order to be released from jail on bond. Required for all second-offenders during probation.

Austin Texas DWI Conviction

Texas BAC Per Se : 0.08
High BAC : Texas law applies an annual surcharge of $2,000 for three years to anyone receiving a DWI conviction with a BAC level of .16 or higher.
BAC Zero Tolerance : None. However, underage persons convicted of DWI face fines between $500 -$2,000, up to 180 days in jail, community service of 20-60 hours and suspension of license for 60-120 days.
Implied Consent Law/Test Refusal Consequences : Texas has an implied consent law. You may refuse to take the test, but your license may be suspended as a result.