Misdemeanor Punishment Ranges in Texas

If you find yourself charged with a misdemeanor offense there are several possible punishment ranges. In Texas, there are three possible classes of misdemeanors. There are Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. This post will focus on Class A and Class B Misdemeanors. Class C Misdemeanors are generally punishable by a fine only, however, the amount of the possible fine varies by the type of offense and exceeds the scope of this post. See below for the maximum fine possible for a Class C Misdemeanor, though, it may vary based the particular offense charged.

An individual adjudged guilty of a Class B misdemeanor shall be punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement. These punishments may also be suspended and a person placed on community supervision (probation) or deferred adjudication community supervision (probation). 

An individual adjudged guilty of a Class A Misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. These punishments may also be suspended and a person placed on community supervision (probation) or deferred adjudication community supervision (probation).

An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for any term of not more than one year or less than 90 days; or

(3) both such fine and confinement.

(b) If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for any term of not more than 180 days or less than 30 days; or

(3) both such fine and confinement.

(c) If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01(disorderly conduct) or 49.02(public intoxication) that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement.

(d) If the punishment scheme for an offense contains a specific enhancement provision increasing punishment for a defendant who has previously been convicted of the offense, the specific enhancement provision controls over this section.

DWI (Driving While Intoxicated) Punishment in Texas

My previous two posts have discussed the differences in DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) in Texas. 

A person accused of DWI (Driving While Intoxicated) in Texas can be punished in a variety of ways if convicted. 

Normally, a conviction for DWI is a Class B Misdemeanor with a minimum term of confinement of 72 hours. The maximum term of confinement for a Class B Misdemeanor is 6 months in jail. There is also the possibility of a fine of up to $2,000.00.

There are several factors that can enhance the classification of a DWI (driving while intoxicated) offense and also the possible punishments one may face if charged with DWI (driving while intoxicated) in Texas.

If you have been previously convicted of DWI (Driving While Intoxicated) a second offense may be charged as a Class A Misdemeanor with a minimum term of confinement of 30 days and a maximum term of confinement of 1 year.  Additionally, the possible fine that may be assessed doubles from that of a Class B Misdemeanor up to $4,000.00.

If it is shown on the trial of a DWI (Driving While Intoxicated) in Texas that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor (or Class A Misdemeanor if you have been previously convicted of DWI), with a minimum term of confinement of six days or 30 days if you have been previously convicted of DWI. If it is shown on the trial of DWI (Driving While Intoxicated) case in Texas that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor with a maximum term of confinement of 1 year and a maximum fine of $4,000.00.

For example, if you are arrested for DWI with a Child Passenger in Texas, you will most likely be charged with a state jail felony. A state jail felony has a punishment range beginning at six months in state jail and ending at two years in state jail. 

Additionally, you may be charged with a Third Degree Felony if at the time you are arrested for DWI (Driving While Intoxicated) you have been previously convicted of Intoxication Manslaughter, or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of Intoxication Manslaughter in Texas, or you have been previously convicted two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated. A Third Degree Felony has the possibility for punishment as follows: imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years and 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.

There is also the possibility of community supervision (probation) for DWI (Driving While Intoxicated) in Texas. The terms, conditions, and possibilities for probation for DWI (Driving While Intoxicated) in Texas are complex and will be the subject of a future post.