If you have been accused of DWI you need to know:

What the State must prove to convict you of DWI
The legal definition of "Intoxicated" under Texas Law
The range of punishment for a Texas DWI

To convict a citizen of DWI in Texas, the district attorney must prove the following beyond a reasonable doubt:

1. That YOU;
2. Operated a motor vehicle;
3. In a public place;
4. In Collin County, Texas;
5. On the date they arrested and charged you;
6. While you were Intoxicated.

Under Texas Law, the State can prove you were Intoxicated by proving, beyond a reasonable doubt:

1. You lost the Normal use of your Mental faculties; OR
2. You lost the Normal use of your Physical faculties; OR
3. You had an Alcohol concentration over the legal limit (0.08).

FREE evaluation regarding your DWI or DUI case

Texas DWI/DUI Laws: Punishment

The range of punishment for a DWI in the state of Texas depends on whether it is a first, second, or third (or more) DWI offense. In addition, there are special circumstances in which a first offense DWI may be charged as a felony. That usually occurs when a person is charged with DWI while a child under the age of fifteen (15) was a passenger in the vehicle. Below are the classifications of DWI offenses in Collin County, Texas and the range of punishment for each offense.

Driving while Intoxicated 1st Offense: Texas Penal Code section 49.04

A DWI (first offense) in Texas is a Class B Misdemeanor. The range of punishment for a first offense DWI is:

• A jail term of at least 72 hours in jail an up to 180 days in jail; AND
• A fine of no more than $2,000.

Driving while Intoxicated 2nd Offense: Texas Penal Code section 49.04

A DWI (second offense) in Texas is a Class A Misdemeanor. The range of punishment for a second offense DWI is:

• A jail term of at least 30 days in jail and up to 1 year in jail; AND
• A fine of no more that $4,000.

Driving while Intoxicated 3rd Offense: Texas Penal Code section 49.04

A DWI (third offense) in Texas is a Third Degree Felony. The range of punishment for a third offense DWI is:

• A prison term of at least 2 years and up to 10 years in prison; AND
• A fine of no more than $10,000.

DWI with Child Passenger: Texas Penal Code section 49.04

A DWI with a child passenger is a State Jail Felony. The range of punishment for a DWI with child passenger is:

• A state jail term of no less than 180 days and no more than 2 years; AND
• A fine of no more than $10,000.

NOTE ON LICENSE SUSPENSIONS:

• In addition to the range of punishment above, if you are convicted of DWI in Texas then your driver's license may be suspended for a period of time. For license suspension periods click here.

Remember-If you fail to request an ALR hearing and your license is suspended, you could FACE ADDITIONAL criminal charges if you are caught driving a vehicle. DO NOT DELAY!

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(866)-439-2182

The Dallas & Collin County, Texas DWI/DUI criminal defense law firm of Troy P. Burleson, P.C., represents people who have been accused DWI, DUI and other intoxication and drunk driving offenses in Texas, including in communities such as Plano, Allen, McKinney, Frisco, Dallas, Richardson, The Colony, Wylie, Denton, Prosper, Addison, Celina, Garland, Fort Worth, as well as Collin County, Dallas County, Denton County, and Tarrant County.

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