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The Atticus Files 2017 November How Are DWI Fines Determined?
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How Are DWI Fines Determined?

Posted By The Law Office of Shane Phelps, P.C. || 27-Nov-2017

Driving under the influence of alcohol is illegal in the United States, and can have severe consequences. Each state has its own set of penalties and laws for DWIs. In Texas, intoxication is defined as:

  • Having a BAC of .08% or more
  • Not having the normal use of your mental and physical faculties because of the consumption of drugs or alcohol

For drivers who are under the age of 21, any detectable amount of alcohol found in their system can lead to a DWI arrest. It is important to note that having a BAC above the legal limit is not necessary to detain someone for DWI in Texas. Having probable cause that a person is intoxicated is enough for an officer to issue an arrest.

DWI Penalties

Below, we provide an overview of DWI penalties in Texas:

  • First DWI: Class B Misdemeanor, up to $2,000 fine, 72 hours to 180 days in jail, license suspension for 90 days to 1 year.
  • First DWI with BAC at or Over .15: Class A Misdemeanor, up to $4,000 fine, 72 hours to 1 year in jail, license suspension for 90 days to 1 year.
  • First DWI with Open Container: Class B Misdemeanor, up to $2,000 fine, 6 to 180 days in jail, license suspension for 90 days to 1 year.
  • Second DWI: Class A Misdemeanor, up to $4,000 fine, 30 days to 1 year in jail, license suspension for 180 days to 2 years.
  • Third DWI: 3rd Degree Felony, up to $10,000 fine, 2 to 10 years in prison, license suspension for 180 days to 2 years.
  • DWI with Child Passenger: State Jail Felony, up to $10,000 fine, 6 months to 2 years in jail, license suspension for 90 days to 2 years.

Do you have more questions about DWI penalties or sentencing? Contact our College Station DWI attorneys to learn how we can help you today.

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