Texas DWI-DUI Penalties

Texas DWI Law

Drunk driving in Texas is a serious offense. You can lose your freedom, your driving privileges, pay high fines, and have a permanent criminal record.

At Matt Horak, Attorney at Law, you will receive sophisticated representation. I am a former prosecutor, and I understand how the State is likely to proceed in DWI-DUI cases. I know the burden of proof the prosecutors have to meet.

If you are arrested for drunk driving, contact a Texas DWI defense lawyer with the knowledge, skills, and resources necessary to protect your rights.

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YOU ONLY HAVE 15 DAYS TO REQUEST AN ALR HEARING FOR YOUR DRIVING PRIVILEGES AFTER A DWI ARREST!

***WARNING*** WARNING***WARNING*** WARNING*** WARNING***

In addition to the criminal proceedings for DWI, I can represent you in your ALR hearing regarding the suspension or revocation of your driver's license. In some cases, I can obtain information that will assist in your defense at the criminal trial. For your information, I am including a brief summary of Texas' DWI-DUI penalties.

First Texas DWI Offense

Your first Texas DWI-DUI offense will be a Class B Misdemeanor with the following potential consequences:

  • Texas DWI-DUI Prison Sentence: Minimum 72 hours (6 days if an open container is present) and up to 6 months.
  • Texas DWI-DUI Fines: Up to $2,000, plus a surcharge of $1000 per year for three years.
  • Texas DWI-DUI Community Service: Minimum 24 hours and a maximum of 100 hours.
  • Texas DWI-DUI License Suspension: 1 year (Sometimes negotiating DWI Education class can limit the time of your license suspension). Also, in some cases, a conditional or occupation license can be granted.

Second Texas DWI Offense

Your second Texas DWI-DUI offense will be a Class A Misdemeanor with the following potential consequences:

  • Texas DWI-DUI Prison Sentence: Minimum 72 hours (6 days if an open container is present) and up to 1 year.
  • Texas DWI-DUI Fines: Up to $4000, plus a surcharge of $1500 per year for 3 years.
  • Texas DWI-DUI Community Service: Minimum 80 hours and a maximum of 200 hours.
  • Texas DWI-DUI License Suspension: 6 months to 2 years. In some cases, a conditional or occupation license can be granted

Third and Subsequent Texas DWI Offense

Your third Texas DWI-DUI offense will be a 3rd degree felony with the following potential consequences:

  • Texas DWI-DUI Prison Sentence: Minimum 2 years and up to 10 years in jail.
  • Texas DWI-DUI Fines: Up to $10,000.
  • Texas DWI-DUI Community Service: Minimum 160 hours and a maximum of 600 hours.
  • Texas DWI-DUI License Suspension: 6 months to 2 years. In some cases, a conditional or occupation license can be granted.

Protect Your Rights. Contact Me Today.

Have you been accused of drunk driving in Texas? Are your driving privileges and freedom at risk? Contact me to discuss your rights. At Matt Horak, Attorney at Law, my approach is simple: to provide a strong line of defense to clients throughout East Texas. I have offices in Houston and the Woodlands, and will meet with you on weekends and evenings by request. Call 713-225-8000 or toll-free 1-866-225-8009 for a free initial consultation.


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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Matt Horak Attorney at Law
4119 Montrose Blvd., Suite 200
Houston, TX 77006
Phone: (713) 225-8000
Fax: (713)521-1845
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