Texas DWI: Driving While Intoxicated

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intoxication

In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC.

If you do not have a commercial drivers license, did not have an accident or child in the vehicle while driving intoxicated, the penalty ranges are as follows:

1st Offense

  • Up to a $2,000 fine.
  • Jail time between 3 days and 180 days.
  • License suspension for up to 2 years.
  • Annual surcharge up to $2,000 for 3 years to keep your           license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

2nd Offense

  • Up to a $4,000 fine.
  • Jail time between 1 month and 1 year.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

3rd Offense

  • Up to a $10,000 fine.
  • State prison time between 2 years and 10 years.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

The Morris Firm, info@themorrisfirm.net, (214)357-1782

Texas Criminal Law: Possession of Marijuana

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marijuana

Under Texas Law, a person commits the offense of possession of marijuana if they knowingly or intentionally possess a usable quantity of marijuana.

Possession of marijuana is classified as a misdemeanor or felony depending upon the amount the person has in their possession.

Two ounces or less:  A Class B Misdemeanor which is punishable by up to 180 days in jail and/or a fine up to $2,000.

More than two ounces but less than four ounces: A Class A Misdemeanor which is punishable by up to 1 year in jail and/or a fine up to $4,000.

More than four ounces but less than five pounds:  A State Jail Felony which is punishable by 180 days up to 2 years in jail and/or a fine up to $10,000.

More than five pounds, but less than 50 pounds:  A Third Degree Felony which is punishable by two to ten years in jail and/or a fine of up to $10,000.

More than 50 pounds but less than 2,000 pounds:  A Second Degree Felony which is punishable by two to twenty years in jail and/or a fine of up to $10,000.

More than 2,000 pounds:  A felon offense that is punishable by five to ninety-nine years in jail or imprisonment for life and a fine up to $10,000.

www.themorrisfirm.net  info@themorrisfirm.net, (214)357-1782

Texas Penalty Ranges for Felonies

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jail

Texas divides criminal charges into two categories misdemeanors and felonies.  Misdemeanors are for minor violations and felonies are more serious crimes.  Felony punishments are listed under Texas Penal Code Chapter 12, subchapter C.

State Jail Felony:  shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.  In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

Third Degree Felony:  Shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

Second Degree Felony: Shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

First Degree Felony:  Shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

Capitol Felony:  An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death.

An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:

(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or

(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.

The Morris Firm, info@themorrisfirm.net, (214)357-17872