The DWI Penalties for a DWI Conviction
Understanding the Criminal DWI penalties and Administrative Consequences of a DWI in Ellis County
If you’ve been arrested for Driving While Intoxicated (DWI) in Waxahachie or Ellis County, you are now facing two separate legal battles—each with serious consequences.
- A criminal case in the Ellis County courts (or local municipal court), where you could face jail time, fines, and a permanent conviction.
- An administrative case with the Texas Department of Public Safety (DPS), which seeks to suspend your driver’s license through the Administrative License Revocation (ALR) hearing process.
Both cases require swift legal action. Missing important deadlines—especially for the ALR hearing—can cause automatic penalties, even before your court case is resolved.
In Texas, you have 15 days after arrest to request an ALR hearing or your license will be suspended.
Criminal DWI Penalties for DWI in Texas
The state of Texas takes DWI offenses seriously. Even a first-time offense can carry lasting consequences.
🚨 First-Offense DWI (Class B Misdemeanor)
- Fine: Up to $2,000
- Jail Time: 72 hours to 180 days (minimum of 3 days mandatory)
- License Suspension: 90 days to 1 year
- State Surcharge (Driver Responsibility Program): $3,000 for a first-time offense within 36 months
🚨 Second-Offense DWI (Class A Misdemeanor)
- Fine: Up to $4,000
- Jail Time: 30 days to 1 year
- License Suspension: 180 days to 2 years
- Ignition Interlock Device: May be required during probation
- State Surcharge: $4,500
🚨 Third-Offense DWI (Third-Degree Felony)
- Fine: Up to $10,000
- Prison Sentence: 2 to 10 years in the Texas Department of Criminal Justice
- License Suspension: Up to 2 years
- State Surcharge: $6,000
- Felony Record: Lifetime impact on employment, housing, and civil rights
Additional DWI-Related Offenses
🚸 DWI with a Child Passenger (State Jail Felony)
Driving while intoxicated with a child under 15 years old in the car escalates the charge significantly.
- Fine: Up to $10,000
- State Jail Time: 180 days to 2 years
- Additional License Suspension: +180 days
- Child Endangerment Charge: Can affect custody and family court matters
💥 DWI with Injury or Death
If your DWI results in a crash causing serious bodily injury or death, you could be charged with Intoxication Assault or Intoxication Manslaughter, which are second- or first-degree felonies.
Administrative License Revocation (ALR) Hearing: What You Need to Know
Most people don’t realize that a DWI arrest in Texas triggers an immediate process with the Texas DPS that can suspend your driver’s license—even if you’re never convicted.
❗You Only Have 15 Days to Act
After your arrest, you have just 15 days to request an ALR hearing. If you miss this deadline, your license will be automatically suspended, usually starting 40 days from the date of your arrest.
What Happens in an ALR Hearing?
- It’s separate from your criminal case.
- You can challenge whether the officer had probable cause and whether you refused or failed a breath/blood test.
- If successful, you may avoid license suspension.
- Your attorney can also use this hearing to gather evidence and cross-examine the arresting officer—valuable for your criminal defense.
Failure to request an ALR hearing is one of the biggest mistakes DWI defendants make.
The Hidden Costs of a DWI Conviction
A DWI conviction in Texas comes with more than just jail and fines. You could also face:
- Increased car insurance premiums (or policy cancellation)
- Ignition interlock device fees
- Probation and court supervision costs
- DWI education or treatment programs
- Loss of professional licenses or CDL
- Employment background check issues
- Family Law Issues such as restricted visitation or loss of custody.
Why You Need an Ellis County DWI Lawyer
Whether this is your first arrest or you’re facing a repeat offense, the consequences are serious and long-lasting. A skilled Waxahachie DWI attorney can:
- Challenge the legality of your stop and arrest
- Represent you at your ALR hearing
- Negotiate for reduced charges or dismissal
- Pursue diversion programs if eligible
- Fight for your license and your freedom
Don’t Wait—Act Now to Protect Your License and Your Future
Time is critical. From day one, your case is moving forward—with or without you.
✅ Schedule a free consultation
✅ Request your ALR hearing before the 15-day deadline
✅ Start building your defense with an attorney who knows the Ellis County courts