Skip to main content

Well my husband the frist dwi! they took the charges away from him but what happens if he got it AGAIN!? what can happen to him

Mcallen, TX |


like 5 months ago he got another bwi again?? and he has court Thursday! but I don't know what to expect of what can happen to him:/

Attorney Answers 4


Here is the OVERALL DWI punishment ladder in Texas.

1st DWI - Class B Misdemeanor - Up to 180 days in County Jail plus up to $2,000 fine
Enhanced 1st DWI (DWI with BAC of .15 or above) - Class A Misdemeanor - Up to 1 year in County Jail plus up to $4,000 fine.
2nd DWI - Class A Misdemeanor - Up to 1 year in County Jail plus up to $4,000 fine.
1st or 2nd DWI with Child 15 years of age or less as passenger: State Jail Felony - Between 180 days and 2 years of day to day confinement with up to $10,000 sihn
3rd DWI - 3rd Degree Felony - 2 to 10 years in TDCJ-ID (prison) plus up to $10,000 fine.
4th DWI - 2nd Degree Felony (Repeat Felony Offender ) 2 to 20 years in TDCJ-ID (prison) plus up to $10,000 fine.
5th DWI - 1st Degree Felony (Habitual Felony Offender ) 15 to 99 years or life in TDCJ-ID (prison) plus up to $10,000 fine.
6th or More DWI - 1st Degree Felony (Repeat Habitual Felony Offender ) 25 to 99 years or life in TDCJ-ID (prison) plus up to $10,000 fine.

None of this includes any drivers license suspensions, ignition interlocks or other court costs.

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone

Mark as helpful

6 lawyers agree


You may want to rephrase your question - it's a little difficult to understand. However, it does sound like you're husband will need to hire a DUI attorney. Good luck.

Jasen Nielsen

Mark as helpful

5 lawyers agree


I have no idea what you mean by "they took the charges away from him." His case was dismissed? If so, and he gets another DWI, it will just be another DWI first. This is typically a class B, unless he injures someone or has a child in the car, which would make it a felony. Or if he has a breath or blood test over a .15, it would be a class A.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

Mark as helpful

5 lawyers agree


Unfortunately your question is hard to understand. A person charged with a first DWI in Texas is looking at up to 180 days in jail or up to 2 years probation. A second driving while intoxicated offense (with a prior conviction) increases the maximum punishment to up to a year in jail.
Austin Jail Release and Bond Assistance
Austin Probation Lawyer

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

Mark as helpful

3 lawyers agree

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics