DWI Penalties

Summary of DWI Penalties in Texas

Charged with a DWI in Bryan & College Station, TX? Call (979) 773-7028

Charge

Offense Level

Fine

Jail Time

License Suspension

Annual Surcharge

1st DWI & BWI

Class B Misdemeanor

Maximum fine of $2,000

72 hours to 180 days

90 days to one year

$1,000 for three years

1st DWI & BWI with BAC at or over .15

Class A Misdemeanor

Maximum fine of $4,000

72 hours to one year in county jail

90 days to one year

$2,000 for three years

1st DWI with open container enhancement

Class B Misdemeanor

Maximum fine of $2,000

Six days to 180 days in county jail

90 days to one year

$1,000 for three years

2nd DWI & BWI

Class A Misdemeanor

Maximum fine of $4,000

30 days to one year

180 days to two years

$1,500 for three years

3rd DWI & BWI

3rd Degree Felony

Maximum fine of $10,000

Two to 10 years in prison

180 days to two years

$1,500 for three years

3rd or more DWI & BWI with one prior penitentiary trip

2nd Degree Felony

Maximum fine of $10,000

Two to 20 years in prison

Up to two years

$1,500 for three years

3rd or more DWI & BWI with two prior penitentiary trips

Enhanced Felony Punishment

Maximum fine of $10,000

25 years to life in prison

Up to two years

$1,500 for three years

DWI with child passenger (younger than 15 years of age)

State Jail Felony

Maximum fine of $10,000

Six months to two years in state jail facility

90 days to two years

$2,000 for three years

Intoxication Assault

3rd Degree Felony

Maximum fine of $10,000

Two to 10 years in prison

180 days to two years

$1,000 for three years

Intoxication Manslaughter

2nd Degree Felony

Maximum fine of $10,000

Two to 20 years in prison

180 days to two years

$1,000 for three years

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Striving for Favorable results

  • Both Charges Dismissed 2 counts of Aggravated Assault
  • Case dismissed Criminal Trespass - Property
  • Motion to Adjudic dismissed. Probation completed Motion to Adjudicate on Possession of Marijuana 4oz. - 5 lbs
  • Refused Possession of False ID
  • Refused following our investigation Furnishing Alcohol to a Minor (Class A)
  • Reduced to Class C Misdemeanor Criminal Trespass to Habitation (Class A)
  • Refused Aggravated Kidnapping (1st Degree)
  • Reduced Possession of Marijuana
  • Dismissed Theft $20,000-$100,000 (3rd Degree)
  • Reduced Driving While License Suspended
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Benefits of Hiring Our Firm

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  • Free Case Consultations
  • Award-Winning & Recognized Counsel
  • Former Prosecutor Experience
  • Board Certified Criminal Defense Specialist Since 1992 by the Texas Board of Legal Specialization
  • Over 30 Years of Legal Experience

Shane Phelps' Accomplishments