DWI Consequences and Penalties

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First Time DWI Consequences and Penalties

A first time DWI offense in Austin -- even if you have no other criminal record -- can have devastating effects upon your life. You'll need an experienced DWI defense lawyer to aggressively defend your case and to challenge the evidence against you.

As you'll see below, DWI can carry severe, long lasting penalties and consequences -- even before you get into court! From DWI License Suspensions, to Court Ordered Breathlyzers and Interlock Devices, the costs and penalties add up.

Did you know the potential DWI consequences for a first-time DWI in Austin, Travis County, can be:

Closely Related Offenses

There are several types of DWI in Texas. A First Time DWI is the most common, but if a person has a prior DWI, then the charge is more serious. A DWI Second Offense is a Class A Misdemeanor and carries more severe penalties. Likewise, having two DWI priors means the next arrest will be considered a Felony DWI.

A first time DWI where the person has a breath or blood result .015% or higher, will have the DWI upgraded to a more serious DWI offense, specifically an Enhanced DWI (Class A).

Lastly, if there is no alcohol involved, or a combination of alcohol and a narcotic, then a person could be charged with a Drug DWI. This is true even if a person is taking legal prescriptions.

If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.

Second DWI Offenses (DWI2)

A DWI Second Offense in Austin carries increased penalties from your typical DWI, including a statutory 30 day minimum in jail. Getting probation may waive the mandatory 30 days, but in Travis County, there is 'jail time "as a condition of probation,"' or ACOP. This means jail is still served, even if you get probation -- although less than the 30 day requirement. There are some ways to avoid or decrease this. The fines and maximum jailtime are also increased. If convicted of a Second DWI offense (DWI2), there is a required ignition interlock device that must be installed in your car, surcharges, DPS fees, DWI Education classes, and SR22 requirements.

Felony 3rd DWI Offenses

A 3rd time DWI offense in Austin is a Felony DWI. Felony DWI carries severe penalties, including a statutory minimums in jail, and the possibly of prison time - between 2 and 10 years. If convicted of a Felony DWI offense, there is a required ignition interlock device that must be installed in your car, license suspensions, DPS fees, DWI Education classes, and SR22 insurance requirements. Getting probation may waive any mandatory jailtime, but in Travis County, there is 'jail time "as a condition of probation,"' or ACOP. This means jail is still served, even if you get probation. There are some ways to avoid or decrease this.

Prior DWIs and enhancements

It's extremely important to note: There is NO drop off period for DWI convictions in Texas. That means that even if you suffered a DWI Conviction 30 years ago, and you now are arrested for DWI, you will be treated as a repeat offender.

DWIs are prior-able, meaning that each time you suffer a final conviction for a DWI, the next one can be enhanced, leading to more severe punishments. A second time DWI (DWI2) is a Class A misdemeanor, and includes a higher minimum of days in jail. Also, if the alcohol content is .15 or higher, the DWI offense can be enhanced (typically to a Class A misdemeanor). There are also Driver's License implications for those examples.