Class A Misdemeanor DWI

A DWI can be elevated to a Class A misdemeanor in two common situations.

First DWI with a BAC of 0.15 or higher. Under Texas Penal Code § 49.04(d), a DWI is a Class A misdemeanor if an analysis of the person’s blood, breath, or urine shows an alcohol concentration of 0.15 or more at the time the analysis was performed.

Second DWI offense. Under Texas Penal Code § 49.09(a), a DWI is generally elevated to a Class A misdemeanor when the defendant has one qualifying prior intoxication-related conviction.

The punishment range for a Class A misdemeanor DWI includes:

• A fine of up to $4,000.
• Up to one year in county jail.
• For a second DWI, a statutory minimum jail term of 30 days.

Probation may still be available in appropriate cases. However, repeat offenses can involve additional requirements, including mandatory confinement as a condition of community supervision.

Third-Degree Felony DWI

Under Texas Penal Code § 49.09(b), a DWI generally becomes a third-degree felony when the defendant has two qualifying prior intoxication-related convictions.

The statutory punishment range includes:

• A prison sentence of 2 to 10 years.
• A fine of up to $10,000.

A felony DWI conviction is substantially more serious than a misdemeanor conviction. In addition to the possibility of a lengthy prison sentence, a felony conviction can result in the loss of important civil rights and create additional barriers to employment and professional licensing.

Texas law also provides for more serious felony charges in certain circumstances, including intoxication assault and intoxication manslaughter. Those offenses involve additional elements and are beyond the scope of this discussion.

Additional State Fines for DWI Convictions

In addition to the ordinary criminal fines, Texas Transportation Code § 709.001 imposes additional fines for certain DWI convictions:

• $3,000 for a first conviction within a 36-month period.
• $4,500 for a second or subsequent conviction within a 36-month period.
• $6,000 when the required alcohol analysis shows a BAC of 0.15 or higher.

These fines are separate from the criminal fines discussed above. However, the court must waive the additional fines and costs imposed under this section if it finds that the defendant is indigent.  Also, these fines can be avoided in Travis counties by taking a probation or deferred adjudication that does not technically result in a “final conviction”

A DWI Conviction on Your Criminal Record

For many people, the most significant consequences of a DWI conviction are not the fines or potential jail sentence. They are the problems that can arise years after the criminal case has ended.

A DWI conviction becomes part of a person’s criminal history. Even a first-time misdemeanor conviction can appear on background checks conducted by employers, licensing agencies, and other organizations.

The consequences are not necessarily the same for everyone. Some employers may consider a single misdemeanor DWI relatively minor, particularly if it occurred years ago and has no relationship to the job. Others may view it as a serious concern.

Future DWI Charges Can Carry More Serious Penalties

One of the most important long-term consequences of a DWI conviction is that it can be used to enhance the punishment for a future offense.

As discussed above, a first DWI is ordinarily a Class B misdemeanor. With one qualifying prior conviction, a subsequent DWI generally becomes a Class A misdemeanor. With two qualifying prior convictions, another DWI can be charged as a third-degree felony.

Texas generally has no expiration date for prior DWI convictions used for enhancement. A conviction from 10, 15, or even 20 years ago may still be used to increase the severity of a new DWI charge.

For example, someone convicted of DWI at age 25 could face felony charges for another DWI at age 50 if they had accumulated two qualifying prior convictions. The fact that the convictions occurred decades earlier would not, by itself, prevent their use for enhancement.

This makes the consequences of a DWI conviction potentially lifelong.

Employment Consequences of a DWI Conviction

A DWI conviction does not automatically disqualify someone from most jobs. However, employers may consider criminal history when making hiring decisions, particularly when the offense relates to the responsibilities of the position.

For jobs that do not involve driving, a misdemeanor DWI may have little effect on employment. Much depends on the employer’s policies, the applicant’s qualifications, and the circumstances of the conviction.

The consequences can be considerably more serious for jobs that require driving.

Employers that operate fleets of vehicles, provide transportation services, or require employees to drive as part of their regular duties often have policies governing employees’ driving records. Some employers also must satisfy requirements imposed by their commercial automobile insurers.

A DWI conviction can make an employee more expensive to insure or, in some cases, ineligible to drive a company vehicle. This can affect both hiring decisions and continued employment.

Examples of jobs that may be particularly affected include delivery drivers, commercial truck drivers, bus drivers, rideshare drivers, and employees who regularly operate company vehicles.

Commercial Driver’s Licenses (CDLs)

The consequences can be especially severe for people who hold a commercial driver’s license.

Under federal regulations, a CDL holder who is convicted of driving under the influence can face a one-year disqualification from operating a commercial motor vehicle for a first qualifying offense. A second qualifying major offense arising from a separate incident can result in lifetime disqualification, subject to limited reinstatement provisions.

Importantly, these consequences can apply even when the DWI occurred in the driver’s personal vehicle rather than a commercial truck.

For someone who earns a living as a commercial driver, a DWI conviction can therefore threaten their livelihood even when the criminal sentence involves no substantial jail time.

Other Professional Consequences

A DWI conviction can also create complications for people who hold professional licenses. Licensing agencies may review criminal convictions when determining whether an applicant or existing license holder satisfies the requirements of a particular profession.

The consequences vary considerably by profession. A single misdemeanor DWI does not automatically result in the suspension or revocation of most professional licenses. Nevertheless, some licensing boards may require disclosure of the conviction or investigate whether the underlying conduct raises concerns about professional fitness.

The potential consequences tend to be more significant when the conviction is related to the license holder’s professional duties or when the person has a history of repeated alcohol-related offenses.

Understanding the Full Consequences of a DWI

When evaluating a DWI case, it is important to consider more than the immediate punishment imposed by the court.

For some defendants, the primary concern is avoiding jail time or minimizing fines. For others, the possibility of losing a job, jeopardizing a professional license, or facing enhanced charges in the future may be considerably more important.

Every DWI case is different. Understanding both the statutory penalties and the long-term consequences of a conviction is an important part of evaluating the available options and making informed decisions about how to proceed.