Family and Criminal Law Blog

Here’s what can happen with a first-time DWI conviction

On Behalf of | Jan 24, 2024 | Firm News |

In Texas, driving while under the influence of alcohol or drugs (DWI) can drivers and others on the road in danger, and they can wind up in jail. Drivers under age 21 are not allowed to drive with any trace of alcohol in their system.

Legally intoxicated

It is important for drivers to know what qualifies them as legally intoxicated so they can make informed decisions about driving a car, or boat, or piloting a plane. The law says that if drugs or alcohol impair a driver’s ability to operate their vehicle, they are breaking the law, even if their blood alcohol concentration (BAC) does not exceed the legal limit. If the driver operates their vehicle with a BAC of 0.08 or higher, they are also breaking the law, even if they do not drive in an impaired manner. If someone has an open container of alcohol in their vehicle, even if they are not under the influence, they are also breaking the law and will receive consequences based on the state’s open container laws.

The consequences of a DWI

The consequences of receiving a DWI involve financial penalties, jail time and a license suspension. These consequences vary depending on whether the conviction is a first, second, third or greater offense.

For a first offense, individuals can receive a fine of up to $2,000, not including an additional state fine of $3,000 assessed upon the individual’s sentencing. Jail time includes a minimum of one month and up to 12 months upon conviction. The person may also lose their license for up to 2 years. For second, third and subsequent DWI convictions, the jail time, fines and license suspension times continue to increase.

Additional consequences

State laws include additional consequences if a driver has a child passenger in their car while they are driving under the influence. If the child is under 15, the driver will be charged with child endangerment. They will receive an additional $10,000 fine, jail time of up to two years, and 180 days of license suspension.

Driving while under the influence is a serious offense with often dire consequences. Understanding the law and consequences can help individuals make informed decisions before grabbing the keys and getting behind the wheel.