Understanding the Types of DWI Offenses in Texas

Driving While Intoxicated (DWI) offenses in Texas can have serious legal consequences, making it crucial to understand the different types of DWI offenses and their implications. By understanding the different types of DWI offenses, we can better comprehend the potential ramifications of a DWI arrest and the importance of seeking professional legal representation in such cases.

First-Time DWI Offenses

A first-time DWI offense occurs when an individual is arrested for DWI for the first time and has no prior DWI convictions. In Texas, the legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08%. If a person is found to be operating a motor vehicle with a BAC at or above this limit, they can be charged with a first-time DWI offense. 

The penalties for a first-time DWI may include fines up to $6,000, license suspension for up to one year, mandatory attendance in alcohol education programs, and potential jail time ranging from 3 days to 365 days.

Repeat DWI Offenses

Repeat DWI offenses in Texas refer to subsequent DWI arrests after an individual has already been convicted of a prior DWI offense. The penalties for repeat DWI offenses become significantly more severe. 

For a second DWI conviction, individuals face thousands of dollars in fines, license suspension for up to two years, mandatory ignition interlock device installation, probation, and potential jail time ranging from 30 days to one year. 

Third or subsequent DWI convictions are considered felonies and can result in fines up to $10,000, license suspension for up to two years, mandatory ignition interlock device installation, intensive probation, and imprisonment for 2 to 10 years.

DWI with Child Passenger 

DWI with a child passenger is a serious offense that can lead to enhanced penalties. If an individual is arrested for DWI while transporting a child who is younger than 15 years old, they can face charges of DWI with child passenger.

This offense is considered a state jail felony, carrying penalties that include fines up to $10,000, license suspension for up to 180 days, mandatory ignition interlock device installation, and imprisonment ranging from 180 days to 2 years.

Intoxication Assault and Intoxication Manslaughter

DWI offenses resulting in bodily injury or death are charged as intoxication assault and intoxication manslaughter, respectively. Intoxication assault involves causing serious bodily injury to another person while operating a motor vehicle under the influence of alcohol or drugs. 

It is a third-degree felony with penalties that can include fines up to $10,000 and imprisonment ranging from 2 to 10 years. Intoxication manslaughter occurs when a DWI offense leads to the death of another person. It is a second-degree felony, punishable by fines up to $10,000 and imprisonment ranging from 2 to 20 years.

Contact Trey Porter Law Today 

Understanding the various types of DWI offenses in Texas is crucial for individuals to comprehend the potential legal consequences they may face following a DWI arrest. 

Whether it is a first-time offense, a repeat offense, or a DWIinvolving a child passenger or causing bodily injury/death, the penalties become progressively severe. Seeking professional legal representation from a skilled DWI lawyer is essential to navigate the complexities of the legal system, protect one’s rights, and mount a strong defense strategy. 

If you or someone you know is facing any type of DWI offense in Texas, it is crucial to consult with a qualified DWI lawyer as soon as possible. They can guide you through the legal process, explain your rights, and work diligently to build a strong defense. Remember, everyone is entitled to a fair trial, and a skilled DWI attorney will fight to protect your rights and seek the best possible outcome.

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Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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