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First Offense DWI

DWI first offense charges under Texas criminal law

Drunk driving is a Class B misdemeanor on the first offense, punishable by 3 to 180 days in a county jail and/or a fine of not more than $2,000. However, even for a first offense, the charge increases under certain conditions:

  • DWI with a minor - Driving while intoxicated when you have child under 15 in the vehicle is a state jail felony, punishable by 180 days to 2 years in a state jail and/or a fine of not more than $10,000.
  • DWI assault - Seriously injuring another person while driving drunk is a third-degree felony, punishable by 2 to 10 years in a state prison and/or a fine of not more than $10,000.
  • DWI manslaughter - Killing another person while drunk driving is a second-degree felony, punishable by 2 to 20 years in a state prison and/or a fine of not more than $10,000.
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