What are the consequences and penalties that I should be aware of if I were arrested for DWI?

First, from being arrested (and before any conviction), your license may be suspended if you refused to submit to alcohol concentration testing (usually breath), or if you submitted to the test and failed. In order to keep your license from being automatically suspended, you must hire a lawyer as soon as possible because your lawyer will usually have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to contest DPS's contention that there was probable cause for your arrest. Also, besides giving your lawyer an opportunity to potentially save your license, the ALR is a valuable tool for your lawyer to make the State's witnesses (police officers, breath test technicians, etc.) commit to their story. This is important to minimize the risk of being ambushed by new supposed facts or circumstances when the State's witnesses testify at trial.

Second, if convicted, the general jail, fine, and license suspension penalties are:

a) first offense : a first offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).
b) second offense : the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).
c) third offense : here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3rd Degree Felony).
d) DWI with an open alcohol container (first offense) : In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).
e) DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication : this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony).
f) DWI where a death has occurred as a proximate cause of the intoxication : here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).
g) A prior DWI conviction and a present drag racing charge : drag racing is a Class B Misdemeanor, however, it becomes a Class A Misdemeanor where the person had a prior drag racing conviction, a DWI conviction, or had an open alcohol container while they were driving.
h) DWI with a child passenger : A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age. `Punishment for a non enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

It is important to note, however, that many of these penalties can be probated, especially on a first offense DWI without any accident. Generally, this means that the judge may allow you to stay out of jail and pay a lower fine if you "behave" for some period of time (usually a year) after the conviction. To "behave" you may be required to do any or all of the following:

1) report once a month to a probation officer;
2) not to commit any further crimes during the term of probation;
3) to pay a monthly supervisory fee to the probation office (approximately $40.00);
4) to perform a specified number of community service hours during the term of your probation (between 24 and 80 hours) (community service is volunteer work to benefit the community);
5) to attend DWI awareness classes dealing with the effects of alcohol or listening to victims of DWI related tragedies;
6) to abstain from consuming alcohol for the term of your probation;
7) to pay your non probated fines and court costs;
8) to submit to a breath test by law enforcement or court personnel upon request;
9) to install an alcohol ignition interlock device on your car and only drive a car equipped with such as device;
10) to make a $50.00 donation to M.A.D.D. and/or Crime Stoppers;
11) to remain within the county of your residence unless given permission by the court to leave it; and,
12) any other requirements the court sets for you.

Finally, a DWI conviction (probated or not) subjects you to surcharges and substantial insurance premium increases (often quadruple your current premium). A surcharge is an administrative penalty charged by the Texas Department of Public Safety as a fee for a person to maintain their driver's license after they have suffered either a DWI conviction or submitted to a chemical test which showed an alcohol concentration of .16 or more. The surcharge is assessed for 3 years following either of the aforementioned events. Specifically, the surcharges are:

1) $1,000.00 per year for a first DWI conviction;
2) $1,500.00 per year for subsequent DWI convictions; and,
3) $2,000.00 per year for registering a .16 or more.