How can penalties increase for repeat DWI charges?

On Behalf of | Oct 5, 2024 | DWI Defense

Texas state law dictates what penalties the courts impose after a criminal conviction. Factors including whether or not a criminal incident caused harm to others and the prior record of the person accused influence how the state penalizes various criminal infractions.

Under current Texas statute, there are a number of different penalties the courts can impose for driving while intoxicated (DWI) convictions. Those penalties are the least severe after a first offense and increase with each subsequent charge.

Jail time, fines and license penalties are standard

The courts look at the number of prior charges on an individual’s record, whether they caused harm to other people and whether they endangered others when deciding how to penalize a DWI. Those accused of their first-ever DWI receive more lenient treatment than those accused of repeat offenses. Unless there are aggravating factors, a first DWI charge is probably a misdemeanor offense.

A driver accused of their first DWI could pay up to $2,000 in fines and may spend between three and 180 days in jail. They could also lose their driver’s license for a year. After a second DWI conviction, the maximum fines increase to $4,000. The minimum jail time increases to a month, although the maximum sentence is still one year. The driver’s license suspension could last for as long as two years.

A third DWI is a felony charge that carries much more serious penalties. The jail time increases to between two and 10 years in prison. The maximum fine could be as much as $10,000. A felony DWI can cut a defendant off from many opportunities, as employers and even landlords tend to be more critical of a felony record than a history of misdemeanor offenses.

A criminal record that follows someone for life and the risk of increased penalties in the future might make fighting DWI charges worthwhile. Both a first DWI and any subsequent charge could have a negative impact on a defendant’s life. The consequences worsen with each offense, making a thorough defense after even a first charge a smart choice. Discussing the circumstances that led to an arrest with a skilled legal team can help a defendant determine the best strategy if they take their case to trial.

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