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DWI/DUI |
| What is the range
of punishment? |
| In Texas, the first time someone is convicted
of DWI, the offense is a Class B Misdemeanor. There is
a fine not to exceed $2,000.00. Confinement is in the
County Jail for a term not less than 72 hours and not
more than 180 days. If there was an open container, the
minimum term of confinement is 6 days. In most cases,
the term of confinement is probated. There will however
be several terms and conditions you will be required to
follow while on probation, including but not limited to
an alcohol assessment, community service, DWI Education
class, and a Victim Impact Panel, just to name a few.
It is imperative that if you are placed on probation that
you understand the full terms of your probation. |
| For the second offense, it is a Class
A Misdemeanor. You will be required to put a deep lung
device on your car if you are released on bond. You will
be required to give a breath sample prior to starting
your car. The range of punishment is a fine not to exceed
$4,000.00, and confinement in the County Jail not less
than 72 hours or more than 1 year. If the confinement
is probated, there will be additional terms of probations
than listed above, and you will be required to have a
deep lung device on your automobile. |
| The third (or more) offense is a third
degree felony with a fine not to exceed $10,000.00 and
confinement in the Texas Department of Criminal Justice,
Institutional Division not less than two years nor more
than 10 years. This may be probated. The terms of probation
will obviously be more stringent than a DWI first or DWI
second. |
| It should also be noted that the term
of the driving license suspension will be different, depending
on the number of DWIs you have had in the past. Before
you make any decisions regarding your case, make sure
you are fully educated on the range of punishment and
the terms of probation that you may be ordered to follow.
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