The Real Costs Of A DWI Conviction In Texas
The Real Costs Of A DWI Conviction In Texas
When it comes to the consequences of a DWI conviction in Texas, the financial burden and legal ramifications extend far beyond fines. A DWI can affect your life in ways you may not have considered, from increased insurance rates to long-term impacts on your career and reputation. As Galveston DWI lawyers, we often see clients who are surprised by the full scope of consequences following a DWI charge. These consequences can be long-lasting and difficult to manage without the right legal support. In this article, we will break down the financial, personal, and legal consequences of a DWI in Texas, helping you understand the costs you could face and why having experienced legal representation is essential.
Texas DWI laws are strict, and the penalties for a conviction increase significantly based on factors like your blood alcohol content (BAC), whether you have prior offenses, and if there were aggravating factors like having a child passenger in the vehicle. Many people assume that the cost of a DWI is limited to a fine, but that’s just the tip of the iceberg. Legal fees, insurance premiums, potential job loss, and other collateral consequences can result in costs that are far greater than the initial penalty. The legal landscape in Texas is complex, and if you don’t handle your case properly, you could be facing years of difficulty. That’s why we want to provide you with a detailed breakdown of what you could be up against.
Consequences Of A DWI Conviction
The financial toll of a DWI conviction in Texas is significant. The Texas Penal Code sets clear penalties for DWI offenses based on the number of prior offenses and the severity of the incident. For a first-time DWI, the fine alone can be up to $2,000 (Tex. Penal Code § 49.04). However, the real costs extend far beyond that fine. Additional financial impacts can include court costs, bail, and mandatory alcohol education classes.
For example, if you are convicted of a second DWI, the fines can reach up to $4,000, and for a third offense, the fines can increase to $10,000 (Tex. Penal Code § 49.09). On top of this, you may also face administrative fees, such as the Texas Driver Responsibility Program surcharge, which could require you to pay up to $2,000 per year for three years just to keep your license.
Increased Insurance Premiums
Your car insurance premiums will also skyrocket after a DWI conviction. Once your insurance provider learns of the DWI conviction, they will likely classify you as a high-risk driver. This can result in your insurance premiums doubling or tripling. According to estimates, drivers with a DWI conviction could see their annual insurance costs increase by as much as $1,000 to $3,000, depending on their provider. This increase in cost could last for several years.
Additionally, Texas law requires individuals convicted of a DWI to obtain SR-22 insurance, which is a special certificate that verifies you carry the minimum liability coverage. SR-22 insurance is more expensive than regular insurance and must be maintained for at least two years following a DWI conviction.
Driver’s License Suspension And Reinstatement Fees
Another direct consequence of a DWI conviction in Texas is the suspension of your driver’s license. Under the Texas Transportation Code § 521.344, your license can be suspended for up to two years depending on the severity of the offense and whether you have prior convictions. For a first offense, the suspension period is typically 90 days to one year, while repeat offenders can face suspensions lasting up to two years.
Once the suspension period is over, you will need to pay a reinstatement fee to get your license back. This fee can range from $100 to $125, and you may also be required to complete an alcohol education course before your license is reinstated.
Employment And Professional Consequences
A DWI conviction can have serious implications for your career. Many employers conduct background checks, and a criminal conviction can make it difficult to find a job, especially in professions that require driving or holding a professional license. For example, if you are a commercial driver, a DWI could lead to the suspension of your Commercial Driver’s License (CDL) for at least a year under Texas law (Tex. Transp. Code § 522.081).
For those who hold professional licenses, such as doctors, nurses, or lawyers, a DWI conviction could lead to disciplinary actions, including suspension or revocation of your license. Even if you don’t lose your job immediately, a conviction can limit your career advancement and damage your reputation within your professional community.
Ignition Interlock Devices
Texas courts may require you to install an ignition interlock device (IID) on your vehicle after a DWI conviction. This device requires you to provide a breath sample before starting your car, and if alcohol is detected, the vehicle won’t start. The installation and maintenance of an IID can cost hundreds of dollars upfront, plus a monthly fee ranging from $70 to $100. Depending on the severity of your conviction and whether you have prior DWIs, you may be required to use the device for months or even years.
Jail Time And Probation
A DWI conviction in Texas is punished with significant jail time, depending on the circumstances. For a first offense, you could face up to 180 days in jail, while a second conviction can carry up to one year behind bars (Tex. Penal Code § 12.44). If you are convicted of a third DWI, the jail time increases to 2-10 years, as it is classified as a felony offense (Tex. Penal Code § 12.34).
Probation is often an alternative to jail time, but it comes with its own set of costs and restrictions. If you are placed on probation, you will be required to complete community service hours, pay monthly supervision fees, and adhere to strict conditions like attending alcohol counseling or treatment programs.
Long-Term Personal Consequences
A DWI conviction doesn’t just have financial and legal consequences—it can affect your personal life as well. The stigma of having a DWI on your record can lead to strained relationships, and you may find yourself limited in terms of where you can live or work. Landlords and property management companies often run background checks, and a DWI conviction can make it harder to secure housing. Social consequences may include embarrassment or shame, particularly in smaller communities like Galveston or professional networks.
FAQs About DWI Charges In Texas
What Happens If I Refuse A Breathalyzer Or Blood Test?
In Texas, refusing a breathalyzer or blood test can result in an automatic license suspension under the state’s implied consent law (Tex. Transp. Code § 724.035). A first test refusal is punished with a 180-day suspension, while subsequent refusals can lead to a two-year suspension. It’s important to note that even if you refuse, law enforcement can obtain a warrant to take a blood sample. However, that suspension can be challenged at a hearing before a judge, provided that request is filed within 15 days of the date of the arrest.
Can A DWI Conviction Be Expunged In Texas?
Generally, a DWI conviction cannot be expunged from your record in Texas. However, if the DWI charge was dismissed or you were found not guilty, you may be eligible for expungement (Tex. Code Crim. Proc. Art. 55.01). For those who received deferred adjudication, a non-disclosure order may be available to seal the record under specific circumstances.
How Does A DWI Affect My Commercial Driver’s License (CDL)?
A DWI conviction can have serious consequences for CDL holders. Even for a first-time DWI, your CDL can be suspended for at least one year (Tex. Transp. Code § 522.081). If you were transporting hazardous materials at the time, the suspension period is increased to three years. A second DWI offense will result in a lifetime disqualification of your CDL.
Is Jail Time Mandatory For A First-Time DWI Conviction In Texas?
Jail time is not mandatory for a first-time DWI offense in Texas if probation is granted. However, you could still face up to 180 days in jail (Tex. Penal Code § 49.04). The likelihood of receiving probation depends on the circumstances of the case and your criminal history.
Will A DWI Conviction Affect My Immigration Status?
A DWI conviction can have serious implications for non-U.S. citizens. While a first-time DWI is not typically a deportable offense, it can still complicate immigration matters, especially if you are convicted of a felony DWI, which may be classified as a crime of moral turpitude under immigration law. This could affect visa renewals, green card status, or naturalization.
Contact Our Galveston DWI Lawyer For Your Free Consultation
If you’ve been charged with a DWI in Texas, it’s important to act quickly. At Mark Diaz & Associates, we understand how overwhelming this experience can be, and we are here to help you through every step of the process. The costs of a DWI conviction go beyond fines and fees—you need a legal team that knows how to protect your rights and fight for your future.
Contact our Galveston DWI lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We serve Galveston and Houston, along with the surrounding areas. Let us help you protect your rights and fight back against false or exaggerated accusations.