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General Information Regarding DWI

The first item to clear up is that most states call this offense, DUI. Driving under the influence. DUI in Texas pertains to minors that have some trace of alcohol in their system but not enough to be arrested for DWI. For example, a 17 year old is stopped and the officer smells alcohol on his breath. He finds him not over the legal limit. He will give that person a ticket for DUI.


DWI has, of course, several levels of severity.


A DWI 1st is a class B misdemeanor and carries, among other things, up to 6 months in Jail and a $2000 fine among many other unpleasantries.  This will covered more in detail in a another section.


A DWI 2nd is a class A misdemeanor and carries up to 12 months in jail and up to a $4000 fine in addition to many other unpleasantries. This offense will be covered in more detail in another section.


A DWI 3rd is a third degree felony and carries from 2 to 10 years in the pen and up to a $10, 000 fine.


A DWI 3rd with prior penitentiary time (the prior pen time can be for a DWI 3rd or something else) can be increased in severity up to minimum 15 years and in some cases, if two prior pen trips, possibly up to minimum 25 years.


A DWI with Child under 15, even for a first DWI, is a state jail felony and can carry from 6 months up to 24 in a state jail facility. Time in a state jail is day for day and does not offer parole or credit for good time.


For possible immigration consequences or for a free consultation on a DWI, call our office at 1-800-630-5985.