Practical DWI Punishment Resolution
I advise many of my DWI charged clients to resolve their cases through trial process. I do this because: 1) It is only through the trial process that a person accused may be found not guilty, 2) the law does not provide any incentive to a DWI charged individual to plea bargain with the prosecutor, and 3) in my experience, quite often, even if found guilty after a trial, many receive the same punishment as was offered as a plea bargain by the prosecutor before trial.
Although there are times and circumstances that dictate the State to dismiss a DWI charge, the overwhelming majority of DWI arrests result in formal criminal charges and prosecution. With a conviction resulting in jail time or probation, fines, loss of driving privileges, or assessed surcharges, a person accused of DWI has little to lose by trying their case.
| 1st Offense: | a Class B Misdemeanor, punishable by not less than 72 hours or more than 180 days in the county jail, and/or a fine not to exceed $2,000. |
| 2nd Offense: | a Class A Misdemeanor, punishable by not less than 30 days or more than 365 days in the county jail, and/or a fine not to exceed $4,000 |
| 3rd (or more) Offense: | a Third Degree Felony, punishable by not less than 2 years or more than 10 years in prison, and/or a fine not to exceed $10,000. |
| Probation (community supervision): | In most cases, a person convicted of DWI in Plano is eligible and will likely receive probation (Community Supervision), allowing that person to carry on with the significant activities of their life and avoid incarceration. However, the conditions of Community Supervision can be time-consuming, expensive, and will require some changes in personal lifestyle.Terms of Standard DWI Probation (all costs are estimates)1. Commit no other crimes 2. Pay all fines and court costs (payment schedules are allowed) Fines: $500 to $1,000 for first offense DWI’s, $1,000+ for second offense DWI’s. Court costs: $300 to $450 3. Report to probation once a month. In Collin County, the typical probation length for a 1st offense DWI will be between 12-18 months, depending on specific case facts; typically a second offense DWI will be between 18-24 months. 4. Pay $60 a month in probation fees 5. Complete a DWI education course ($50) 6. Attend a MADD Victim Impact Panel (VIP)($20) 7. Submit to a drug and alcohol evaluation ($30) (and any recommended conditions) 8. Perform 24 to 40 hours of community service 9. Pay $25 to crime stoppers 10. Do not leave the state without permission 11. Do not spend the night outside of home county 12. Do not move (relocate) without court permission 13. Submit to periodic drug testing (about $35 per test) 14. Consume no alcohol 15. Install an Ignition interlock device on your vehicle ($80 per month), portable alcohol monitoring device at home, or a SCRAM device on your leg ($360 a month) |
DWI CONVICTION SURCHARGES FOR DRIVER’S LICENSE
DPS will assess a surcharge on the license of each person who during the preceding 36-months, has been convicted of an offense relating to the operating of a motor vehicle while intoxicated.
| 1st DWI Conviction: | $1,000 per year for 3 years (total $3,000) |
| 2nd DWI Conviction: | $1,500 per year for 3 years (total $4,500) |
| Breath/Blood Alcohol Concentration 0.15 or greater: | $2,000 per year for 3 years (total $6,000) |