Penalties

Getting arrested for a DWI in Galveston is more than just a slap on the wrist—it can turn your life upside down. Whether it’s your first offense or you’ve been down this road before, a DWI conviction can potential have severe consequences. From steep fines to jail time and a permanent stain on your record, the penalties increase based on the circumstances of your case. If you or someone you know is facing a DWI charge, you need to understand what’s at stake.

If you or a loved one are in trouble with the law, talk with an attorney today. Call Attorney Amber Spurlock at 409-904-0407 to schedule your free consultation.

DWI/DUI Convictions & The Law in Texas

First-Time DWI Offense in Texas

Even if it’s your first DWI, Texas law doesn’t take it lightly. Here’s what you’re up against:

• Jail Time: A first-time DWI is a Class B misdemeanor, which means up to 180 days in jail. If your blood alcohol concentration (BAC) is 0.15 or higher, the charge gets upgraded to a Class A misdemeanor, increasing potential jail time to one year.
• Fines: You could be ordered to pay a fine of up to $2,000, and if your BAC is 0.15 or higher, that fine jumps to $4,000.
• License Suspension: Your driver’s license can be suspended for up to a year, making everyday life a logistical nightmare.
• DWI Surcharge: On top of criminal penalties, Texas imposes a state fine of $3,000 for a first offense, $6,000 if BAC is 0.15 or higher.

Second DWI Offense: More Jail Time, Bigger Fines

If you’ve already been convicted of a DWI before, Texas courts will not be lenient. A second DWI is classified as a Class A misdemeanor, and the penalties get worse:

• Jail Time: A minimum of 30 days to a maximum of one year behind bars.
• Fines: Up to $4,000 in fines, plus an automatic state fine of $4,500 if it’s your second conviction within 36 months.
• License Suspension: A second DWI means you could lose your license for up to two years.
• Ignition Interlock Device (IID): A judge may require an IID to be installed in your vehicle, preventing you from driving if you have alcohol in your system.

Third DWI: Now It’s a Felony

Texas doesn’t hesitate to upgrade a third DWI to a felony. That means serious, long-term consequences:

• Prison Time: A third DWI is a third-degree felony, carrying 2 to 10 years in prison.
• Fines: A maximum fine of $10,000, plus a state fine of $6,000.
• License Suspension: Your driver’s license could be suspended for up to two years.
• Felony Record: This will haunt you for life, making it harder to get jobs, housing, or even vote.

DWI with a Child Passenger: Automatic Felony

Driving while intoxicated with a child under 15 years old in the car? Texas law automatically charges this as a felony, even if it’s your first DWI. The penalties include:

• State Jail Felony: Up to two years in state jail (not county jail).
• Fines: Up to $10,000.
• License Suspension: Up to 180 days.

Intoxication Assault & Manslaughter: The Worst-Case Scenario

If your DWI results in serious bodily injury to another person, you can be charged with Intoxication Assault, a third-degree felony with 2 to 10 years in prison. If someone dies due to your impaired driving, the charge becomes Intoxication Manslaughter, a second-degree felony, with 2 to 20 years in prison.

Defending Against a DWI Charge

A DWI arrest doesn’t mean an automatic conviction. An experienced Galveston DWI lawyer can challenge the traffic stop, breathalyzer results, field sobriety tests, and more. Prosecutors must prove their case beyond a reasonable doubt, and there are plenty of defenses that can lead to reduced charges or even a case dismissal.

At The Law Offices of Tad Nelson & Associates, we have extensive experience fighting DWI charges in Galveston County and across Texas. Whether it’s your first offense or you’re facing felony charges, we’re here to help.

TXDOT: Impaired driving and penalties – DUI/DWI

Call a Galveston DWI Attorney Today

Don’t gamble with your future. If you or a loved one were arrested for a DWI in Galveston, call Attorney Amber Spurlock at 409-904-0407 for a free consultation. We’re available 24/7 to defend your rights and protect your future.