DWI (Driving While Intoxicated) Punishment in Texas

My previous two posts have discussed the differences in DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) in Texas. 

A person accused of DWI (Driving While Intoxicated) in Texas can be punished in a variety of ways if convicted. 

Normally, a conviction for DWI is a Class B Misdemeanor with a minimum term of confinement of 72 hours. The maximum term of confinement for a Class B Misdemeanor is 6 months in jail. There is also the possibility of a fine of up to $2,000.00.

There are several factors that can enhance the classification of a DWI (driving while intoxicated) offense and also the possible punishments one may face if charged with DWI (driving while intoxicated) in Texas.

If you have been previously convicted of DWI (Driving While Intoxicated) a second offense may be charged as a Class A Misdemeanor with a minimum term of confinement of 30 days and a maximum term of confinement of 1 year.  Additionally, the possible fine that may be assessed doubles from that of a Class B Misdemeanor up to $4,000.00.

If it is shown on the trial of a DWI (Driving While Intoxicated) in Texas that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor (or Class A Misdemeanor if you have been previously convicted of DWI), with a minimum term of confinement of six days or 30 days if you have been previously convicted of DWI. If it is shown on the trial of DWI (Driving While Intoxicated) case in Texas that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor with a maximum term of confinement of 1 year and a maximum fine of $4,000.00.

For example, if you are arrested for DWI with a Child Passenger in Texas, you will most likely be charged with a state jail felony. A state jail felony has a punishment range beginning at six months in state jail and ending at two years in state jail. 

Additionally, you may be charged with a Third Degree Felony if at the time you are arrested for DWI (Driving While Intoxicated) you have been previously convicted of Intoxication Manslaughter, or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of Intoxication Manslaughter in Texas, or you have been previously convicted two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated. A Third Degree Felony has the possibility for punishment as follows: imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years and in addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

There is also the possibility of community supervision (probation) for DWI (Driving While Intoxicated) in Texas. The terms, conditions, and possibilities for probation for DWI (Driving While Intoxicated) in Texas are complex and will be the subject of a future post.

DUI (Driving Under the Influence) Law in Texas

As indicated in the previous post, many are confused about the difference between what a prosecutor must prove beyond a reasonable doubt in order to convict an accused individual of DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) in Texas. Please, see my previous post to review the law as found in the Texas Penal Code as it relates to DWI (Driving While Intoxicated) in Texas and compare to DUI (Driving Under the Influence) in this post, and the differences will become evident. 

Contrary to DWI (Driving While Intoxicated), DUI (Driving Under the Influence) is outlined in the Texas Alcoholic Beverage Code in section 106.041. Section 106.041 states, "DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system.

When compared to the prior post on DWI (Driving While Intoxicated) in Texas, the differences in clear. DUI (Driving Under the Influence) only relates to alcohol, not any other of the substances indicated in the prior post. Additionally, the only amount indicated as illegal is "any detectable amount." "Minor" means a person under 21 years of age. "Motor Vehicle" is defined in the same was as indicated in the previous post. "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Feel free to review the prior post and compare with this post. If you have any questions, I'm happy to answer them.

DWI (Driving While Intoxicated) Law in Texas

This post will cite the basics of DWI (Driving While Intoxicated) law in Texas.

Texas Penal Code 49.04 outlines what a prosecutor must prove to convict someone of Driving While Intoxicated (DWI) in Texas: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

That brings us to the next point: the definition of "intoxication" in Texas. "Intoxication" is defined in Texas Penal Code 49.01: (A) 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 (B) having an alcohol concentration of 0.08 or more.

Motor Vehicle is defined as: a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

Many people confuse DUI (Driving Under the Influence) with DWI (Driving While Intoxicated) because they believe DWI (Driving While Intoxicated) can only occur by alcohol intoxication. As indicated above, this is clearly not the case. In the next post, I will explain DUI (Driving Under the Influence) to show that offense differs from DWI (Driving While Intoxicated).