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Dallas DWI/DUI - Classifications and Range of Punishment
for DWI:
 | Fine: A fine not to exceed $2,000.00. |
| Jail: Confinement in the County Jail for a term of not
less than 72 hours nor more than six (6) months. |
| Open Container: If there was an open container of alcohol
in your car when arrested, the minimum term of confinement
is six (6) days in the county jail. |
| Community Service: Texas law mandates that a judge order
not less than 24 hours nor more than 100 hours. |
| Community Supervision: Absent unusual facts, most persons
convicted of a first offense DWI are granted community
supervision ("probation") of any confinement
ordered. The general length of DWI probation is two years.
There are also conditions of community supervision ordered
that are fairly standard in most courts. Typical conditions
imposed are:
Drug/Alcohol Evaluation. A person convicted of DWI will
be required to submit to evaluation for probability of
committing DWI in the future and/or to disclose a potential
problem with alcohol or drug abuse. If a problem is
detected, additional terms and conditions of probation are
ordered to be administered through the Community Supervision
Department.
Attend and complete an approved DWI Education class
within 180 days from the date of conviction (Satisfying this
requirement will avoid the one (1) year drivers license
suspension, unless if you were a minor (under 21) at the
time of the offense.)
Attend and complete a M.A.D.D. Victim Impact Panel. This
is a forum presented by M.A.D.D. that presents victims of
drunk drivers to address persons convicted of DWI and warn
of the dangers and perils of driving while intoxicated.
Work faithfully at suitable employment, commit no other
crimes, remain at the same residence and employment unless
notification is given to the community supervision officer,
report monthly to the supervision office, pay all fines and
costs in a timely manner.
Pay a monthly supervisory fee of $25.00 - $40.00.
Perform a specified hours of community or volunteer
service NOTE: If convicted, you will be given an Order
Granting Probation. This Order will be specific and unique
to your case and fully sets forth the terms and conditions
of your probation which apply to you. It is the blueprint
for your probation. |
If your case presents unusual facts (accident, alcohol
problem, prior alcohol contacts, bad driving record etc.),
additional conditions may be ordered. Most conditions are
designed to address a problem that appears from the facts or
alcohol/drug evaluation that is performed on the subject after
conviction. Again, a specific order is given after each
conviction. The following list is only a general discussion of
conditions that have been imposed in some DWI cases in my
experience and may not apply to you.
| Deep lung air device: Some counties (Collin & Denton)
are requesting this condition for all DWI probations. This
provision requires that you install and maintain a device on
any car which you intend to drive during probation. The
device requires a breath sample before it will allow your
car to start. Some devices require periodic breaths while
driving. This condition is recommended after a unfavorable
drug/alcohol evaluation. |
| Alcohol Treatment: Attendance at AA or other counseling
programs offered through the probation department. In
extreme cases outpatient programs may be ordered. This
condition is recommended after a unfavorable drug/alcohol
evaluation. |
| Consume no alcohol: Some courts require that a person not
consume any alcohol during probation. This provision is
monitored by periodic and random urinalysis at the probation
office. This condition is recommended by particular judges
in North Texas. |
| Confinement: Again, in some extreme circumstances, the
Court may order that a DWI offender serve confinement in the
county jail as a condition of probation. |
| Restitution: If there was an accident followed by a DWI
arrest, and if your insurance company has not paid damages
to the other party, restitution of any unpaid amounts will
be ordered by the Court as a condition of probation. |
Under Texas law, if it is shown that a person has been
previously convicted of DWI, the punishment and penalties after
conviction are increased or enhanced. The prior DWI conviction
must have occurred within ten (10) years of the present arrest
for DWI. Additionally, if a person has any prior DWI conviction
within the previous ten year period (measured from dates of
arrest), the State is then allowed to use any prior DWI
conviction since obtaining a drivers license to enhance the
accusation to a DWI, third offense. NOTE: Texas can use prior
convictions that have occurred in other states for enhancement
of punishment.
| Special Condition for Jail Release on Bond: It is
important to note that if arrested and accused of a DWI
Second or greater offense, Texas law now requires the Court
to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that
the person install and maintain a deep lung air device on
the car that the person intends to drive and operate while
charges are pending. The device requires a breath sample
before it will allow you to start your car. They also
require periodic breaths while driving to monitor and insure
sobriety. New technology has made these devices "user
sensitive" so that someone else cannot blow into the
device for the driver. Although this provision seems to run
afoul of the presumption of innocence, Texas Courts have
consistently held that such condition is necessary to
protect a legitimate governmental interest in making public
roadways safe for the motoring public. |
| Fine: A fine not to exceed $4,000.00. |
| Jail: Confinement in the County Jail for a term of not
less than 72 hours nor more than one (1) year. |
| Community Service: Texas law mandates that a judge order
not less than 80 hours nor more than 200 hours. |
| Deep lung air device: Typically deep lung devices are
required for all DWI second offenders during probation. |
| Suspension of license: A person convicted of DWI, Second
may have their driving privilege suspended for not less than
180 days or more than two (2) years. |
| Fine: A fine not to exceed $10,000.00. |
| Jail: Confinement in the Texas Department of Criminal
Justice, Institutional Division (Penitentiary) for a term of
not less than 2 year nor more than ten (10) years. |
| Deep lung air device: Deep lung air devices are generally
ordered on all persons convicted of three or more DWI's both
as conditions of bond and as conditions of any occupational
or provisional licenses that may be awarded after
conviction. |
| Community Service: Texas law mandates that a judge order
not less than 160 hours nor more than 600 hours. |
| Suspension of license: A person convicted of DWI, Second
may have their driving privilege suspended for not less than
180 days or more than two (2) years. |
| Other: A third conviction for DWI indicates a significant
problem with alcohol to the Court or jury assessing
punishment. Some type of rehabilitative treatment is
therefore mandated in punishment if confinement in the
penitentiary is to be avoided. In some cases an in-patient,
incarceration program (Substance Abuse Felony Probation SAFP)
is ordered. This program requires confinement in a State
Facility for alcohol rehabilitation. After successful
completion of the SAFP program, the person is then released
and placed on probation for a term not to exceed ten (10)
years. |
| Another popular condition for habitual DWI offenders is a
prescription for a drug named "Antibuse". This
drug will make a person violently ill if any alcohol is
consumed. The alcohol can be contained in mouthwash or
marinated food and will still have the same effect on the
user. If a person has any type of liver problems, this drug
can cause liver failure and death. |
| Texas law does not provide for any increased punishment
after DWI, third offense. If a person presents a DWI, fourth
offense or beyond, the typical punishment is confinement in
the penitentiary from two (2) to ten (10) years without
probation being granted. In some cases SAFP or "Shock
Probation" may be granted upon proper request and
showing that it is appropriate. |
"A person commits an offense if the person, by
accident or mistake, while operating a .... motor vehicle in a
public place while intoxicated, by reason of that intoxication
causes serious bodily injury to another" {Texas Penal Code
§49.07}.
" 'Serious Bodily Injury' means injury that creates a
substantial risk of death or protracted loss or impairment of
the function of any bodily member or organ".
| Fine: A fine not to exceed $10,000.00. |
| Jail: Confinement in the Texas Department of Criminal
Justice, Institutional Division (Penitentiary) for a term of
not less than 2 year nor more than ten (10) years. |
| Community Service: Texas law mandates that a judge order
not less than 160 hours nor more than 600 hours. |
"A person commits an offense if the person:
1)...operates a motor vehicle in a public place, and...
2)...is intoxicated and by reason of that intoxication causes
the death of another by accident or mistake."
| Fine: A fine not to exceed $10,000.00. |
| Jail: Confinement in the Texas Department of Criminal
Justice, Institutional Division (Penitentiary) for a term of
not less than 2 year nor more than twenty (20) years. |
| Community Service: Texas law mandates that a judge order
not less than 240 hours nor more than 800 hours. |
NOTE: If a person is involved in an accident where
there is risk of death or death, a mandatory blood sample will
be taken for analysis and use in the prosecution of either
Intoxication Assault or Intoxication Manslaughter.
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