Do DWI penalties in Texas go up with a higher BAC?

The State of Texas laws make it illegal to drive a motor vehicle while intoxicated (DWI). Texas has adopted the nationwide "per se" DUI measure which is driving with a blood alcohol concentration (BAC) of .08 percent or above. In most cases, you will be charged if your BAC is this level even when you show no visible signs of intoxication. Texas imposes even lower limits for commercial drivers (.04) and drivers under 21 years of age (.02). The laws also extend to other intoxicants such as controlled substances (i.e., marijuana, cocaine) and inhalants.

The following are penalties for a first and subsequent convictions:

1st Drunk Driving Conviction

• Jail – From 72 Hours to 180 Days

• Jail – From 180 Days to 2 Years (Child under 15 in Vehicle)

• License Suspension – From 90 to 365 Days

• Fine – Up to $2,000

• Fine – Up to $10,000 (Child under 15 in Vehicle)

• DWI Surcharge - $1,000 per Year for 3 Years

• DWI Surcharge - $2,000 per Year for 3 Years (BAC .16 or Above)

2nd Drunk Driving Conviction

• Jail – From 30 Days to 1 Year

• Jail – From 180 Days to 2 Years (Child under 15 in Vehicle)

• Fine – Up to $4,000

• Fine – Up to $10,000 (Child under 15 in Vehicle)

• DWI Surcharge - $1,500 per Year for 3 Years

• DWI Surcharge - $2,000 per Year for 3 Years (BAC .16 or Above)

• License Suspension – From 180 Days to 2 Years

• Ignition Interlock Device installed

3rd Drunk Driving Conviction

• Jail – From 2 to 10 Years

• Fine – Up to $10,000

• License Suspension – From 180 Days to 2 Years

• Ignition Interlock Device installed

With each subsequent conviction, DWI penalties in Texas increase, including more jail time and substantial fines. Talk with an experienced lawyer as soon as possible to fight a DWI charge in Texas.