Routine traffic stops occur on our roadways, and often, the police will release you to continue your journey after a brief investigation. The purpose of the investigation is often to determine whether you are driving while intoxicated by drugs or alcohol. Driving while intoxicated (DWI) is a grave offense that could attract serious consequences after a conviction at trial.

Law enforcement officers are actively looking for motorists who violate this law, and several drivers are often surprised to learn that the police can arrest them for an alleged DWI offense even if they had only one or two drinks. In some instances, the police could arrest you for an alleged DWI, even if your BAC (blood alcohol concentration) was below the legal threshold.

Fortunately, there are several ways a skilled criminal defense attorney can help challenge this offense to dismiss the case or reduce the possible sentence.

A Look at the Three Most Common Penalties You Face After a DWI Charge Conviction

Like any other criminal offense, the court will not convict you of a DWI offense without giving you a chance to defend yourself at trial. If you win the case, meaning your attorney's evidence is convincing beyond a reasonable doubt, the court will dismiss your case. However, when the prosecutor secures a conviction against you, you should expect some serious legal penalties.

The penalties you will receive after a DWI conviction will depend on various factors, including the seriousness of your case and whether you are a repeat offender. Below are the potential penalties you should expect after a conviction for a first DWI, second DWI, and third DWI offense, respectively:

First-Time DWI

While a first DWI charge is a Class B misdemeanor, your penalties after conviction could be harsh under certain circumstances. After an arrest for a first-time DWI, the prosecutor will carry the legal burden of proving the following elements of the crime at trial beyond a reasonable doubt:

  • You were driving
  • You were on a highway, street, or public place
  • You were intoxicated at the time of the arrest

If the prosecutor secures a first-time DWI conviction against you, the penalties you face could include the following:

  • A fine not exceeding $2,000 and a mandatory jail time of up to three days
  • Detention in the county jail for not more than 180 days
  • Misdemeanor probation,
  • Suspension of your driver's license for not more than two years
  • Pay an annual renewal fee of up to $2,000 for three years to keep your license

After a first-time DWI conviction, a seasoned attorney will persistently strive to convince the judge at the sentencing hearing to award you misdemeanor probation. In addition to helping you avoid the possible jail time, misdemeanor probation allows you to continue with your life, including work. However, the court will require you to comply with certain conditions, including:

  • Enroll in an alcohol education program
  • Installing an ignition interlock device (IID) in your car
  • Complete community service
  • Agree to stay crime-free
  • Agree to abstain from alcohol

An IID is a gadget that prevents your vehicle from starting when it detects any measurable amount of alcohol in your breath vapor. The court will expect you to cover all costs associated with installing and maintaining this device.

It is also worth noting that you will receive enhanced penalties following a first-time DWI conviction if your BAC level was at 0.15% or higher at the time of the arrest. This excessive BAC level shows a significant level of impairment, necessitating harsher penalties to punish you and deter people with similar behaviors.

Second-Time DWI

The penalties for a second-time DWI are significantly harsher than those you would expect after a first-time DWI conviction. Unlike a first-time DWI conviction, a second-time DWI conviction is a class A misdemeanor. However, certain factors could escalate your charge to a felony, meaning you will face harsher penalties.

To secure a second-time DWI conviction against you, the prosecutor must satisfactorily prove the following facts at trial:

  • You were driving
  • You drive the car on a highway, street, parking lot, or public space
  • You were intoxicated by drugs at the time of the arrest
  • You have one prior for a DWI-related offense

Without clear evidence to prove the above facts, the judge could dismiss or reduce your charges. However, when the prosecutor secures a conviction against you, you should expect the following penalties:

  • A jail term of up to one year
  • A fine not exceeding $4,000
  • Suspension of your DL for up to two years, but you could qualify for a restricted license during this suspension period
  • Information probation with strict terms and conditions, including enrolling in an alcohol treatment program, performing community service, and checking in with a probation officer regularly
  • Agree to install an IID in your car (Mandatory)

Like a first-time DWI, a conviction for a DWI offense could significantly increase your auto insurance premium because insurance providers consider you a high-risk individual. Other insurance providers could even refuse to give you coverage if you are a repeat DWI offender.

Understanding what to do if you are under arrest or investigation as a suspect in a second DWI case is key to securing a favorable outcome. An experienced DWI attorney can help ensure you receive the legal representation you need to secure a dismissal of the case or a positive result.

Third-Time DWI

DWI offenses are typically misdemeanors until the police arrest you for a third offense. If you already have two DWI convictions on your record, the prosecutor will file a subsequent charge as a third-time DWI, which is a felony offense. TC section 49.09(b) requires the prosecutor to file a third-time DWI as a second-degree or third-degree felony, meaning the penalties you could face after conviction are grave.

However, having two DWI convictions on your record does not necessarily mean the court will convict you for a subsequent charge. To secure a third-time DWI conviction against you, the prosecution team must prove all elements of the crime beyond a reasonable doubt, including:

  • You were driving
  • You drive the car on a street, public space, parking lot, or highway
  • You were intoxicated
  • You have two prior DWIs on your record

If this is your third DWI conviction, but you did not serve a prison sentence in previous convictions, you should expect the following second-degree felony penalties:

  • A fine not exceeding $10,000
  • Detention in the state prison for up to ten (10) years
  • Driver's license suspension for up to two (2) years

However, if you have served a prison sentence in the past, the prosecutor will file your offense as a third-degree felony, which is punishable by:

  • Up to twenty (20) years of jail time
  • A fine not exceeding $10,000
  • Driver's license suspension for up to two (2) years

If you have two or more prior prison sentences, your jail time for a third-time conviction could increase to up to twenty-five (25) years. As you can see above, the penalties for a third-time DWI conviction are incredibly serious and could significantly impact your life.

That is why you should never risk facing the prosecutor and the court without an attorney after an arrest for a subsequent DWI charge. With the legal assistance of a skilled attorney, you may qualify for felony probation instead of jail time. However, you should be ready to adhere to certain strict terms and requirements, including the following:

  • Enroll in a drug treatment and substance abuse treatment program
  • 600 hours or more of community service
  • Agree to participate in DWI intervention programs
  • Agree to install an IID in your vehicle, which allows you to drive during the license suspension period

While some states offer you leniency if your past DWI conviction occurred several years ago, here, there is no leniency. The prosecutor will consider all your past DWI convictions when deciding whether to file your offense as a second- or third-degree DWI. That means, even if your past DWI conviction occurred 20 or 30 years ago, it will count as a prior, and any subsequent DWI offense will result in harsher penalties after conviction.

Aggravating Factors That Could Enhance Your Penalties for a DWI Conviction

If your DWI case has certain aggravating factors, your penalties after conviction will be harsher. Common aggravating factors that could enhance your penalties for a DWI conviction include the following:

Having an Open Alcohol Container in the Car

If you had an open alcohol container in your car at the time of the arrest, your minimum mandatory jail time will increase to six (6) days.

Causing Another Person to Sustain a Severe Injury

When you drive while intoxicated and an accident occurs, causing other people to sustain serious injuries, your penalties for a DWI charge will become harsher, even if you are a first-time offender. In this situation, you could face no more than two (2) years and a maximum of ten (10) years in jail. However, when you qualify for probation, the court will require you to serve a minimum of 30 days of jail time.

Killing Another Person (Involuntary Manslaughter)

Involuntary manslaughter occurs when you kill another person in a collision while driving with alcohol or illegal drugs in your system. A conviction for this offense could result in a fine of up to $10,000 and a jail term of up to 20 years, as it is a second-degree felony. If the court grants you probation, you must serve a mandatory jail sentence of up to 120 days.

Having a Child in the Car

If, at the time of the DWI arrest, you had a minor aged 15 or younger in the car, a conviction could result in enhanced penalties. In this situation, a conviction could attract a jail term of up to two years and a fine not exceeding $10,000 in addition to the mandatory minimum sentence for your offense.

The simplest way to avoid the negative repercussions of a DWI conviction is to avoid driving while intoxicated at the very beginning. However, if it is too late and you are under arrest or have a pending DWI charge, engaging the services of a competent attorney could positively influence the outcome of your case.

Refusing a Chemical BAC Test After an Arrest

When securing your DL, you must commit to obeying all the laws and rules of the road. Part of this responsibility is your implied consent, which requires you to consent to a breath and chemical test after an arrest as a suspect in a DWI case. Refusing a chemical BAC test after an arrest could lead to the suspension of your DL for 180 days, or two years if you are a repeat offender.

Other Additional Negative Consequences Associated With a DWI Conviction

Unfortunately, in addition to the above-mentioned formal penalties, a DWI conviction can have a long-lasting impact on your life because it will show on your criminal record. These collateral consequences could affect every aspect of your life, from your right to own a firearm to your ability to secure a job. Examples of these collateral consequences include the following:

  1. Loss of Child Custody

The family court judge, during a paternity, divorce, or any other child custody hearing, will consider your past criminal record when deciding whether you should remain with or visit your children. If you have a DWI conviction on your record, the court will consider it a safety risk to your children and will deny or restrict child custody accordingly.

  1. Loss of Your Professional License

A DWI conviction could make your professional licensing board or agency revoke or suspend your practice license, negatively impacting your source of income and livelihood. That is particularly true if you are a doctor, pharmacist, nurse, teacher, or psychologist.

  1. Loss of Your Job

Your current employer could consider a DWI conviction as a sign of incompetence and unfitness for the job, especially if your work requires you to drive.

  1. Challenges Finding Reliable Housing

Like employers, most landlords will conduct a background scrutiny before permitting you to live in their apartments or houses. Thus, having a DWI conviction on your record could make it challenging to secure reliable housing.

  1. Loss of Your Right to Vote

If the court convicts you of a felony DWI offense, you will be ineligible to vote until you complete your sentence.

  1. Loss of Your Firearm License

In addition to the loss of your firearm license, you will lose your right to own, carry, possess, or receive a firearm after a DWI conviction. According to TC 46.04, if you have a felony conviction, you must wait up to five (5) years after completing your sentence before requesting a reinstatement of your firearm license.

  1. Loss of Certain Government Benefits

Local, state, or federal government benefits programs for supplemental income, housing, food, or other services could bar you from receiving them if you have a DWI conviction on your record.

  1. Negative Effect on Your Reputation

Lastly, a DWI conviction will remain on your criminal record, negatively impacting your reputation, social life, and relationships, especially if the offense was a felony.

How to Prevent the Above Legal Penalties and Consequences of a DWI Conviction

As mentioned in the previous sentence, the best way to avoid the penalties of a DWI conviction is to avoid driving while drunk in the first place. However, if you are already under arrest or have a pending DWI charge, your criminal defense attorney negotiates with the prosecutor to secure a favorable plea bargain.

If a plea bargain is not an option in your case, your attorney can present the following legal defenses at trial to secure a favorable result:

  • You were not driving
  • You are a victim of police misconduct
  • The prosecutor's evidence against you is insufficient
  • Your breathalyzer test results were inaccurate
  • The traffic stop was illegal

If your attorney can craft arguments with clear evidence using the above legal defenses, the court could dismiss or reduce your DWI charges to a lighter offense, like reckless driving. When the court dismisses your DWI case, your attorney can further help you secure an expungement of your record for a fresh start after a certain period.

However, if the prosecutor secures a DWI offense conviction against you, you will be ineligible for an expungement. That means your criminal record will continue to affect your quality of life even after you have served your sentence and paid all the necessary fines and restitution for the offense. Hence, you should do your best to challenge a DWI charge to ensure a favorable outcome, even if you are a first-time offender.

Find a Licensed DWI Defense Attorney Near Me

Consulting with an experienced attorney to assess the facts of your unique case is crucial if you are under arrest or investigation for a DWI offense. At Fort Worth DWI Defense Lawyer, we are ready to walk with you through this confusing legal process and challenge your charges to secure a favorable verdict. We invite you to call us at 817-470-2128 to discuss your case with our seasoned DWI defense attorneys.