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1st Offense: |
a Class B Misdemeanor, punishable by not less than 72 hours or more than 180 days in the county jail, and/or a fine not to exceed $2,000. |
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2nd Offense: |
a Class A Misdemeanor, punishable by not less than 30 days or more
than 365 days in the county jail, and/or a fine not to exceed $4,000 |
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3rd (or more) Offense: |
a Third Degree Felony, punishable by not less than 2 years or more than 10 years in prison, and/or a fine not to exceed $10,000. |
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Community Supervision (probation) : |
In most cases, a person convicted of DWI is eligible and will receive Community Supervision, allowing that person to carry on with the significant activities of their life and avoiding incarceration. However, the conditions of Community Supervision can be time-consuming, expensive, and will require some changes in personal lifestyle. |
DWI Conviction Surcharges for Driver's License
DPS will assess a surcharge on the license of each person who during the preceding 36-months, has been convicted of an offense relating to the operating of a motor vehicle while intoxicated.
1st DWI Conviction: |
$1,000 per year for 3 years (total $3,000) |
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2nd DWI Conviction : |
$1,500 per year for 3 years (total $4,500) |
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Breath/Blood Alcohol
Concentration 0.16 or greater: |
$2,000 per year for 3 years (total $6,000)
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Practical DWI Resolution
There are only two practical ways to resolve a DWI. A person can plead guilty, in which case they will have a final conviction and will face a multitude of penalties to retain their driving privilege. OR a person can exercise their constitutional right to a trial and force the State to meet its burden of proving the offense beyond a reasonable doubt. Although there are times and circumstances that dictate the State to dismiss a DWI charge, the overwhelming majority of DWI arrests result in formal criminal charges and prosecution. It is only through the trial process that a person accused may be found not guilty. With a conviction resulting in jail time or probation, fines, loss of driving privileges, or assessed surcharges, a person accused of DWI has little to lose by trying their case. |
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