Penalties for Driving While Intoxicated in Tarrant County and Texas
Driving while intoxicated (DWI) in Texas and Tarrant County can have serious consequences including fines, time in county or prison, and suspension of a person's driver's license. Individuals who have been charged with a DWI in Texas or Tarrant County can also expect to pay court costs, fees for driver education courses, installation and maintenance fees for an interlock device on their primary vehicle, and increased insurance premiums. A DWI conviction can also have serious consequences on a person's career and can disqualify individuals with a commercial driver's license (CDL) from holding any job that requires a CDL.
Understanding Intoxication Under Texas Law
The Texas Penal Code Section 49.01 defines intoxication through two distinct standards:
Per se intoxication occurs when blood alcohol concentration reaches 0.08% or higher, regardless of visible impairment. According to the Texas Department of Transportation, this equates to approximately 4-5 drinks within two hours for an average adult.
Loss of normal faculties represents the second standard, where an individual demonstrates impaired mental or physical faculties due to alcohol, drugs, or both. The Texas Court of Criminal Appeals has established that this can be proven through:
Failed field sobriety tests
Erratic driving patterns
Slurred speech
Poor balance
Officer observations
This dual definition allows prosecution even without chemical test results, based on observable evidence of impairment.
Texas DWI Penalties
The penalties for a DWI vary according to whether the charge is a first, second, or third offense. For a first offense, there is an enhancement if a driver's blood alcohol concentration (BAC) level is 0.15 or over.
Drivers with a child passenger will face an enhanced penalty due to child endangerment. DWI cases that involve an accident caused by an intoxicated driver can result in felony charges if the accident results in serious injuries or death.
| Conviction | Offense Level | Fine | Jail or Prison Sentence | License Suspension |
|---|---|---|---|---|
| First Offense | Class B Misdemeanor | Up to $2,000 | 72 hours to 180 days in county jail | 90 days to one year |
| First Offense with BAC 0.15 or Over | Class A Misdemeanor | Up to $4,000 | 72 hours to 180 days in county jail | 90 days to one year |
| First Offense with Open Container | Class B Misdemeanor | Up to $2,000 | 6 to 180 days in county jail | 90 days to one year |
| 2nd Offense DWI | Class A Misdemeanor | Up to $4,000 | 30 days to one year in county jail | 180 days to two years |
| 3rd Offense DWI | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in Texas State Prison | 180 days to two years |
| 3rd of More Offense DWI with Prior Prison Sentence | 2nd Degree Felony | Up to $10,000 | 2 to 20 years in Texas State Prison | 180 days to two years |
| 3rd or More Offense DFW with 2 Prior Prison Sentences | Enhanced Felony Punishment | Up to $10,000 | 25 years to life in Texas State Prison | 180 days to two years |
| Intoxication Assault Resulting in Serious Bodily Injury | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in Texas State Prison | 180 days to two years |
| Intoxication Manslaughter | 2nd Degree Felony | Up to $10,000 | 2 to 10 years in Texas State Prison | 180 days to two years |
| DWI with Child Passenger (Younger than 15 years) | State Jail Felony | Up to $10,000 | 6 months to two years in Texas State Jail Facility | 90 days to two years |
DWI Penalties for Commercial Drivers
The consequences of a DWI conviction for a person with a CDL can be much greater than those for individuals who have a regular driver's license.
Commercial drivers can be charged with a DWI if they are caught driving with a BAC level of 0.04 or higher. A first-offense DWI charge for drivers with a CDL is a Class B Misdemeanor, punishable by a fine of up to $2,000 and three to 180 days in jail.
CDL drivers, who are charged with a DWI, will be issued a temporary license and must request a hearing to contest the suspension of their commercial license within 15 days. CDL drivers with two or more prior convictions can be prohibited from obtaining a CDL for life.
Chemical Test Refusal and Failure in Texas
If you are driving in Texas and Tarrant County, "implied consent" laws mean that you are required to submit to a test of your blood, breath, or urine or face the loss of your driving privileges for refusal to submit to a BAC test. The most common type of test to be administered when police suspect that a driver is under the influence of alcohol is a breath test. Police may request a test of your urine or blood if they suspect that you are under the influence of a substance that cannot be detected by a breath alcohol test.
Penalties for DWI Test Refusal
According to the Texas Transportation Code, refusing a chemical test triggers administrative license revocation under implied consent laws. The Texas Department of Public Safety enforces:
First refusal: 180-day license suspension
Second refusal: 2-year license suspension
Test failure consequences (BAC of 0.08% or above):
First failure: 90-day license suspension
Subsequent failures: 1-year suspension
The Texas Administrative Code requires officers to videotape refusals when possible, and drivers must receive written notice of suspension. Administrative hearings to contest suspension must be requested within 15 days of arrest.
Additional DWI Penalties for Texas Drivers
You may be required to attend an alcohol education course and obtain an ignition interlock device on your vehicle during the period your license is suspended. You will be required to pay for the cost of these yourself as well as any fees the Department of Motor Vehicles requires for reinstatement of your driver's license at the end of any suspension period.
You can expect to pay legal fees in addition to other initial costs such as the money required to post bond to get out of jail. Hiring a Fort Worth criminal defense attorney who has the knowledge and experience to beat a DWI case is the best way to minimize the consequences of a drunk driving charge going forward.
Collateral Consequences of a DWI Charge
If you are convicted of a felony DWI offense, you can lose your gun rights and voting rights. Convicted felons may face increased difficulty finding employment and housing. In some cases, it may be possible to beat a DWI case or negotiate a plea bargain so that you can avoid the harsh consequences of a felony. This is why it is important to ensure that you have the best DWI defense possible when fighting a DWI case before you lose these important rights.
Consult an Experienced DWI Attorney in Fort Worth, Texas
If you have been charged with a DWI in Fort Worth or Tarrant County, it is important to speak to a criminal defense attorney right away. If you have been involved in an accident and you are accused of being intoxicated, do not speak to anyone about your case including the police before contacting an attorney. Contact Fort Worth DWI lawyer Javier Balderrama by email at javier@lawfjb.com or call (682) 559-1999.
