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.
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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.
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.
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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.
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