Reader’s Question:

I live in Texas and I was curious as to what are the different DWI laws applicable in my state. My boyfriend was convicted a DWI arrest and I want to know what are the penalties for a DWI arrest.

Hannah

Fort Worth, TX

In Texas, it is illegal to drive while intoxicated, it means that either your blood alcohol content is 0.08 or more or you are physically and mentally incapable because of the influence of drugs or alcohol.

Driving while intoxicated (DWI) is punishable by a minimum term of 72 hours in jail. This offense is a class B misdemeanor. Upon a second conviction is a class A misdemeanor, the penalty is increased to a minimum term of 30 days in jail. A third conviction is a felony of the third degree, punishable by a term of not less than two years, not more than ten years. In addition, a fine of up to $10,000 may be required.
Driving while intoxicated and causing someone “serious bodily harm” (meaning that there was a) a substantial risk of death, b) serious permanent disfigurement, or c) protracted loss/impairment of function of a body member or organ) is a third degree felony, punishable by a term of not less than two years, not more than ten years. In addition, a fine of up to $10,000 may be required.

Driving while intoxicated and causing the death of another is second degree felony, punishable by not less than two years, not more than 20 years. In addition, a fine of up to $10,000 may be required.
Driving while intoxicated with a minor (under the age of 15) in the car is termed a state jail felony, punishable by a term of not less than 180 days, not more than two years. In addition, a fine of up to $10,000 may be required.