San Antonio DWI Defense

DWI Penalties & Fines

Aggressive Defense Against the Harsh Consequences of a DWI

Driving while intoxicated (DWI) brings significant legal consequences, and in the state of Texas, those consequences are outlined in Section 49 of the penal code. Texas DWI penalties and fines gradually increase with each offense and have other factors that can lead to an elevated penalty. 



Facing these consequences can be scary, but those arrested need to remember that “charged” is quite different from “convicted,” They are well-advised to seek out counsel at The Law Offices of George A. Scharmen before pleading guilty to anything. 

What Are the Penalties For a DWI in Texas?

If you are convicted of a DWI (Driving While Intoxicated) offense in Texas, you may face the following penalties:

First DWI Offense Penalties:

For a first DWI offense in Texas, the penalties may include:



• A fine of up to $2,000
• Jail time between 3 days to 180 days
• Driver's license suspension up to 2 years
• Annual fee of $1,000 or $2,000 for 3 years to retain driver's license
• Completion of DWI education program
• Installation of an ignition interlock device (IID) in the vehicle for up to 2 years

Second DWI Offense Penalties:

For a second DWI offense in Texas, the penalties may include:



• A fine of up to $4,000
• Jail time between 1 month to 1 year
• Driver's license suspension up to 2 years
• Annual fee of $1,000, $1,500, or $2,000 for 3 years to retain driver's license
• Completion of DWI education program
• Installation of an ignition interlock device (IID) in the vehicle for up to 2 years

Third DWI Offense Penalties:

For a third DWI offense in Texas, the penalties may include:



• A fine of up to $10,000
• Jail time between 2 to 10 years
• Driver's license suspension up to 2 years
• Annual fee of $1,000, $1,500, or $2,000 for 3 years to retain driver's license
• Completion of DWI education program
• Installation of an ignition interlock device (IID) in the vehicle for up to 2 years 

It's important to note that if a person causes an accident resulting in serious bodily injury or death while driving while intoxicated, the penalties can be much more severe, including long prison sentences and high fines.

What Other Factors Affect Sentencing

In addition to the number of previous DWI offenses, other factors can affect DWI sentencing in Texas, including:



• Blood Alcohol Concentration (BAC): If your BAC was .15 or higher, it could result in more severe penalties.
• Child Passenger: If a child under 15 years old was in the vehicle at the time of the offense, it could result in more severe penalties. The result can be a fine of $10,000—on top of the fine already issued under the guidelines above. The jail sentence could be as long as 2 years, even for a first offense. And the state will tack on an additional six months to any suspension of a driver’s license. 
• Open Container: If an open container of alcohol is found in the vehicle, it can result in more severe penalties.
• Refusal to take a Breathalyzer Test: If you refuse to take a breathalyzer test, your driver's license can be suspended for up to 180 days for a first offense and up to two years for subsequent offenses.
• Property Damage or Injury: If the DWI offense resulted in property damage or injury to another person, it could result in more severe penalties.
• Aggravated Circumstances: If the DWI offense occurred in a construction zone or school zone or the offender was previously convicted, it can result in more severe penalties.

Sentencing can also be influenced by the judge's discretion and other mitigating or aggravating factors.

Is a DWI a Felony in Texas?

A DWI (Driving While Intoxicated) offense in Texas is typically considered a misdemeanor unless certain aggravating factors are present. However, if a person has been convicted of multiple DWI offenses or if the DWI resulted in serious bodily injury or death, the offense may be charged as a felony. For a third DWI offense, the offense is considered a third-degree felony. 

If the DWI offense resulted in the death or serious bodily injury of another person, it can be charged as intoxication manslaughter or intoxication assault, respectively, both of which are felony offenses. 

Contact An Experienced DWI Lawyer You Can Trust

The potential sentences may be severe, but before giving in to despair, call The Law Offices of George A. Scharmen. We’ve been handling DWI cases for over 40 years. Mr. Scharmen has successfully appealed cases, negotiated for more favorable terms, and helped defendants get through this trying time in their lives. 

George Scharmen is also more than just a successful and experienced DWI attorney. He is most certainly that, but he’s also the lawyer who has been instrumental in teaching his colleagues about this important field of law. He’s a founding member of the national college of DUI Defense and DWI legal defense associations for San Antonio and the state of Texas. 



From our San Antonio office, George and his paralegal, Elsa, serve all of Bexar County and throughout all the counties of South Texas.