When it comes to a DWI in Texas, the penalties are no different than anywhere else in the state. If you are convicted of driving while intoxicated, you could face fines and penalties that include jail time, probation, and fines. However, if you were arrested for DWI in Indian country, you may be facing even more consequences than if the same incident had occurred off-reservation. This is due to the fact that many state and federal laws that apply to the rest of the state do not apply on Indian land. The following article will explain the consequences of a DWI in Indian country in detail so that you can make informed decisions about how to proceed if you are ever arrested for DWI in Texas.

Federal Indian Country Laws

There are two federal laws that apply to Indian country that are not part of the regular criminal code. The first is the Indian Alcohol and Controlled Substances Act (IACA), which prohibits the production, distribution, sale, or use of alcohol on Indian land. The second is the Indian Major Crimes Act (IMCA), which gives federal prosecutors jurisdiction over certain major crimes committed by Indians, including murder, rape, sexual abuse, and child abuse. The IACA is enforced by the Bureau of Alcohol, Tobacco, and Firearms (ATF), while the IMCA is enforced by the Department of Justice (DOJ).

State Off-Reservation Consequences

When you are convicted of a DWI in the state of Texas, you will face the following consequences: A conviction for a first-time DWI will result in a fine of at least $500. The fine can go up to $2,000, depending on your driving record. You may also face jail time, probation, and/or mandatory drug testing. A conviction for a second DWI will result in a fine of at least $1,000. The fine can go up to $2,000, depending on your driving record. You may also face jail time, probation, and/or mandatory drug testing. A conviction for a third or subsequent DWI will result in a fine of $2,000 or more. You may also face jail time, probation, and/or mandatory drug testing.

Consequences on Indian Land

The consequences of a DWI in Indian country are much more severe than they are off-reservation. The following are some of the main differences:

  • If you are a member of the Tohono O’odham tribe, you will be subject to a 10-year prison sentence and a $250,000 fine. If you are convicted of a DWI in the state of Arizona, you will be subject to a 10-year prison sentence.

  • If you are a member of the Paiute tribe, you will be subject to a 10-year prison sentence and a $250,000 fine. If you are convicted of a DWI in the state of Nevada, you will be subject to a 10-year prison sentence.

  • If you are a member of the Hopi Tribe, you will be subject to a 10-year prison sentence and a $250,000 fine. If you are convicted of a DWI in the state of New Mexico, you will be subject to a 10-year prison sentence.

  • If you are a member of the Mescalero Apache Tribe, you will be subject to a 10-year prison sentence and a $250,000 fine. If you are convicted of a DWI in the state of New Mexico, you will be subject to a 10-year prison sentence.

Consequences for Non-Indian Drivers

If you are a non-Indian driver and you are convicted of a DWI in Indian country, you will face the same consequences as a Native American driver. This means that you will be subject to jail time, probation, and/or mandatory drug testing. The only difference is that you will not face the same fines as Native American drivers.

Final Words

These are the main consequences of a DWI in Indian country. If you are convicted, you will face a steeper punishment than if you were convicted off-reservation. In addition to the jail time, you will also face probation, fines, and mandatory drug testing. If you are convicted, you will want to hire a criminal defense attorney as soon as possible.