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  • Writer's pictureBrian Foley

Conroe DWI Attorney - What is the punishment range for a DWI?

Conroe DWI Attorney - Brian Foley

DWI or Driving While Intoxicated has multiple punishment ranges. For a first time DWI with an alcohol concentration less than .15 a DWI is a Class B and has a punishment range of Zero - 180 days in jail and $0.00 - $2000.00 fine.

A DWI First with an alcohol concentration equal to or greater than .15 or a Second DWI is a Class A misdemeanor and has a punishment range of 0-365 days in jail and up to a $4,000 fine.

A DWI with a child passenger younger than 14 years of age is a State Jail Felony and has a punishment range of 6 months - 2 years in a State Jail Facility and up to a $10,000 fine.

A DWI Third or more is a Third Degree Felony and has a punishment range of 2-10 years in Prison and up to a $10,000 fine.

So why is is that we sometimes hear that someone gets a life sentence for DWI when the punishment range only goes up to 10 years. This is because charges can be enhanced with prior felony convictions for which the defendant was sentenced to prison. This means that if you are on DWI # 5 and you got prison sentences for 3 and 4 that were sequential in time, then your punishment range on DWI #5 could be 25 years to Life in Prison under 12.42 of the Texas Penal Code.

Most DWIs do not face prison or significant jail time if dealt with properly by a competent attorney.


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