Generally, the penalties for DWI include:

• 1st 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).

• 2nd 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).

• 3rd 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).

• 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).

• 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).

• 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).

• In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine.

In Texas, a DUI is criminal offense for anyone under the age twenty-one (21), minor, accused of operating a motor vehicle in a public place while having any detachable amount of alcohol introduced into the individual's body. Generally, the penalties for DUI as a minor, in addition to suspension of your driving license, include:

• 1st Offense: Class C misdemeanor. If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40 hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor's parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90 day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday.

• 2nd Offense: Everything for a first-offense conviction applies to a second conviction, with the following exceptions: The minor will be required to complete a minimum of 40 and a maximum of 60 hours community service related to education about or prevention of misuse of alcohol. Furthermore, a second or any subsequent conviction may not be expunged from your record, however, the minor may still receive deferred adjudication for a second offense.

• 3rd Offense: Class B misdemeanor. For a third offense the minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer an option. As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18 a parent or guardian will be required to attend both the minor's court appearances and the alcohol awareness program. If, on the other hand, the minor is 18 years of age or older at the time of his third offense, the penalty is much higher. Specifically, the minor will receive a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension.

Section 49.01(2) of the Texas Penal Code:

“Intoxicated” means:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B) having an alcohol concentration of 0.08 or more.

Currently, a DWI conviction will result in an individual having to pay DPS an annual surcharge for three (3) years from the date of the conviction.  The surcharges for a DWI conviction include:

• 1st Conviction: $1,000 annual surcharge;
• 2nd Conviction:  $1,500 annual surcharge
• Any conviction with a Blood Alcohol Content (BAC) of .16 or greater: $2,000 annual surcharge.

• 1st Conviction:  License Suspension from 90 days to 365 days;
• 2nd Conviction:  License Suspension from 180 days to 2 years. 

Generally, I would advise that you politely refuse to perform any field sobriety test or submit to any breath/blood testing.  You have a right not to consent to any of these tests.  Texas is an informed consent State, thus any refusal might led to a suspension of your driver's license by the Texas Department of Public Safety (DPS).  However, you or your attorney should always request an ALR hearing within 15 days of the notice of suspension to fight the suspension by DPS.  More importantly, refusing to submit to these tests provide the State with less evidence to use against you to prove its criminal DWI case by prove beyond a reasonable doubt that an individual was intoxicated.