Consequences of a DWI in Texas
The first consequence that most people think of is, of course, jail time. The amount of jail time assessed in Texas after a DWI conviction that can be imposed varies, depending on the level of the offense and the circumstances of the offense.
A first DWI is generally classified as a Class B misdemeanor, which can result in up to 180 days in jail, unless one of several factors applies:
- The minimum term of confinement is 72 hours for a first DWI.
- If an open container of alcohol is found in the car, the minimum amount of confinement is 6 days.
- If your blood alcohol level is more than 0.15 the offense is bumped up to a Class A misdemeanor, which is punishable by up to a year in jail.
- If you have a child under 15 in the vehicle, the offense is bumped up to a state jail felony, which carries a range of 180 days to 2 years in jail.
- If another person is seriously injured, the offense is bumped up to a third degree felony, which is punishable by imprisonment for 2 to 10 years.
- If the injured person is a police officer, firefighter, or EMS and the injury occurs while they are carrying out their official duties, the offense is bumped up to a second degree felony, which has a punishment range of 2 to 20 years in prison.
- If another person dies, the offense is bumped up to a second degree felony.
- If the person who died was a police officer, firefighter, or EMS and the injury occurred while they are carrying out their official duties, the offense is bumped up to the first degree felony, which has a punishment range of 5 to 99 years in prison.
A second DWI is classified as a Class A misdemeanor, which is punishable by a minimum of 30 days in jail, up to a maximum of one year in jail. If the current or previous DWI offense involved injury or death to the passenger, then the offense is also increased, and the new level of offense depends upon the current and prior charges.
A third DWI is a third degree felony, with up to ten years in jail.
Other punishments after a DWI in Texas:
Fines can also be imposed as punishment. For a Class B misdemeanor, the maximum fine is $2,000. For Class A misdemeanors, the maximum is $4,000, and for all felonies, the maximum is $10,000.
Probation, also known as community supervision, is another punishment option. If you are granted probation, you would not have to serve your jail sentence, as long as you successfully complied with the terms of probation. The community supervision period will generally be for a longer period than the corresponding jail time. For instance, a six month sentence might be probated for one year. While on probation, you will have to meet certain conditions. These conditions may include things like installing an ignition interlock device in your car, attending Alcoholics Anonymous classes, doing community service, and being subject to random urinalysis testing. One of the conditions of probation may be a short term in jail. Time in jail as a condition of probation is required under Texas law as follows:
- For a second DWI, the judge is required to sentence you to 72 hours in jail as a condition of probation.
- For a second DWI committed within five years of the first, the judge is required to sentence you to five days in jail as a condition of probation.
- For many repeat DWI offenses involving injury, the judge is required to sentence you to ten days in jail as a condition of probation.
- For intoxication assault (someone was injured as a result of the intoxication), the judge is required to sentence you to 30 days in jail as a condition of probation.
- For intoxication manslaughter (someone died as a result of the intoxication), the judge is required to sentence you to 120 days in jail as a condition of probation.
The last punishment option is pre-trial diversion. This may not be available in all counties. In Harris County, this program was previously known as DIVERT. In pre-trial diversion, the defendant must comply with certain conditions of community supervision and the charge would be dismissed upon successful completion. However, it is difficult to qualify for this program. Applicants must first meet the District Attorney’s Office’s requirements, which typically require that (1) no accident must have occurred, (2) the breath or blood test must indicate a blood alcohol concentration below 0.15, and (3) your case must be pending in a court that allows pre-trial diversion in DWI cases. Once all these requirements are met, applicants must then take a SALCE test. This test attempts to assess a person’s substance abuse and life circumstance behaviors. After this test, the person must be interviewed by a probation officer. The probation officer will make a recommendation to the prosecutor as to whether the person is a good candidate for pre-trial diversion. If you are accepted into the program and successfully complete it, you may be able to have records of the charge expunged completely.
If you were an adult (21 years old or over) at the time of the arrest, the court is also required to suspend your driver’s license upon a DWI conviction, unless the case is your first DWI, and you successfully complete a DWI education course within 180 days. The suspension periods are as follows:
- First DWI offense (adult): 90 days to one year.
- Second DWI offense (adult): 180 days to two years.
- Second DWI offense within five years (adult): one year to two years.
If you are a minor (under 21 years of age) at the time of the arrest, two Texas laws arguably conflict. Under one statute, you will face a 90 day suspension, with an ignition interlock required as a term of probation. Under another statute, the suspension period is one year, but the suspension is not required if you have an ignition interlock required as a condition of your suspension and if you complete a DWI education class within 180 days.
License suspension after DWI in Texas
The first non-criminal consequence is the suspension of your driver’s license. Upon arrest, the arresting officer will give you a Notice of Suspension, stating that your license will be suspended in 40 days unless you request a hearing, known as an administrative license revocation (“ALR”) hearing, within 15 days of your receipt of the notice. These hearings are conducted at a nearby branch of the State Office of Administrative Hearings. The notice also acts as your temporary driving permit; however, the temporary driving permit is not effective for 24 hours if you were driving a commercial vehicle at the time of arrest. Requesting a hearing is extremely important for two reasons. First, it affords you the opportunity to gain valuable information that you can use in your defense of the criminal case. Second, requesting a hearing is the only way that you may contest your suspension, and if you miss your deadline, your license may be suspended when it could have been avoided. When you do request a hearing, your driving privilege will not be suspended until the ALR hearing has been conducted.
At the ALR hearing, the Department of Public Safety must prove that the officer was justified in stopping you and that you either refused to give a breath or blood sample, or that you failed the breath or blood test. If the administrative law judge finds that you refused to give a sample or failed the test, the judge will suspend your license as follows:
- Adults (ordinary driver’s license)
- Refused to give sample
- First time: 180 days
- Subsequent time: 2 years
- Failed test
- First time: 90 days
- Subsequent time: 1 year
- Refused to give sample
- Adults (commercial driver’s license)
- Refused to give sample:
- First time: 1 year
- Subsequent time: life
- Test results of 0.08 or more in non-commercial vehicle
- First time: 1 year
- Subsequent time: life
- Test results of 0.04 or more, or presence of controlled substance or drug, in commercial vehicle:
- First time: 1 year
- Subsequent time: life
- Test results of 0.04 or more, or presence of controlled substance or drug, in commercial vehicle carrying hazardous chemicals:
- First time: 3 years
- Second time: life
- Refused to give sample:
- Minors (under 21)
- Refused to give sample
- First time: 180 days
- Subsequent time: 2 years
- Any detectable amount of alcohol (whether by breath, blood, or other means)
- First time: 60 days
- Second time: 120 days
- Third or subsequent time: 180 days
- Refused to give sample
Occupational license
If your license is suspended, you can petition the court for an occupational license. Although the term “occupational” is used, it does not necessarily mean that it is limited to commuting to and from work or only for people who use their vehicle for work. Perhaps a more accurate description would be an “essential need license” because this type of license may be granted in cases where the person can show the need to use a vehicle for other essential daily activities.
Requesting an occupational license involves filing a petition and setting it for a hearing. At the hearing, you will need to prove to the judge that you have an essential need for a license. In most cases, needing a vehicle to get to and from work or school, or for essential household duties is sufficient. However, the license will generally only be valid during certain hours of the day, and only up to 12 hours in one day. If the judge grants the petition, he or she will sign an order directing the DPS to issue you an occupational license.
A waiting period may apply before you can petition the court for an occupational license. Waiting periods depend upon whether you have had prior suspensions of your license as a result of alcohol-related or drug-related contacts:
- If you have not had a license suspension resulting from a prior alcohol-related or drug-related contact within five years from the date of your arrest, an occupational license may take effect immediately.
- If you have had a previous suspension due to an alcohol-related or drug-related contact within five years of the date of your arrest, you will have a 90-day waiting period.
- If you have had a previous suspension due to an intoxication-related conviction within five years of the date of your arrest, you will have a 180-day waiting period.
- If your license is suspended as a result of a second or subsequent DWI conviction within five years, you must wait 1 year before you may seek an occupational license.
You must also file an SR-22 with the DPS before they will issue an occupational license. For more information about SR-22s, please see the “Insurance” section below.
Insurance Considerations After a DWI Conviction
If you are convicted of a DWI, you will need to file an SR-22 with the Department of Public Safety. This is a form that is issued by your insurance company and certifies to the DPS that your insurance policy meets the minimum liability requirements. The cost of an SR-22 may vary by insurance company, and some companies may not even issue them.
The issuance of an SR-22 also indicates to your insurance company that you are a “high risk” driver, almost certainly resulting in an increase in the cost of your insurance premiums and possibly the non-renewal of your policy when it expires.
The failure to file an SR-22 will lead to license suspension.
Your insurance company may also use a DWI to charge you higher premiums.
DPS Surcharges
Following a DWI conviction, the Department of Public Safety also charges administrative fees known as surcharges. These fees are charged independent of any fines imposed by a court, and are charged by the DPS for the three years following the conviction.
The DPS surcharge following a first conviction is $1,000 per year ($3,000 total). For the second and subsequent convictions, the surcharge is $1,500 per year ($4,500 total). If the offense involved a blood alcohol concentration of 0.16 or more, the surcharge is $2,000 per year ($6,000 total).
The failure to pay these surcharges will lead to license suspension.
Civil Liability if Involved in an Accident
If you are involved in an accident while you are driving while intoxicated, you may also face civil liability for any damage or injuries you cause. This includes injuries to people both in your vehicle and in other vehicles, damage to the vehicles involved, and even damage to property such as buildings or road barriers.
Depending on the circumstances, a civil judgment could be anywhere from a few thousand dollars (if only property damage is involved) to several hundred thousand dollars (in the event of serious bodily injury or death). If your insurance policy does not cover the amount of damages, you may be personally liable for the excess amounts.
As you can see, a DWI can have serious (and expensive!) consequences in addition to those that may be imposed by a criminal court. Should you find yourself facing a DWI charge, it is extremely important to find an DWI attorney in Houston experienced in both criminal and civil law who can help guide you through the myriad non-criminal issues that will inevitably come along with it.
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