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Texas DWI Law

DWI Penalties in Texas

Texas DWI penalties escalate fast. A first offense can cost you $11,500 when you add up fines, surcharges, insurance hikes and lost income. A third offense sends you to state prison. Here's the full breakdown by offense level.

First DWI Offense (Class B Misdemeanor)

Most people assume a first DWI is a slap on the wrist. It's not. Texas treats DWI more seriously than most states, and the financial consequences alone can follow you for years.

Criminal Penalties

  • Jail time: 72 hours minimum (mandatory), up to 180 days maximum
  • Fine: Up to $2,000
  • License suspension: 90 days to 1 year
  • Community service: 24 to 100 hours (judge's discretion)
  • DWI education program: 12-hour course (mandatory for probation)
  • Probation: Up to 2 years (most first offenders receive probation instead of jail beyond the 72-hour minimum)

Administrative Penalties (DPS)

  • DPS surcharges: $1,000 per year for three years ($3,000 total)
  • SR-22 insurance: Required for 2 years after reinstatement — expect insurance premiums to double or triple ($1,500+/year increase)
  • License reinstatement fee: $125
  • Ignition interlock device: May be ordered at judge's discretion ($70–$150/month)

Enhanced First Offense: BAC 0.15 or Higher

If your blood alcohol was 0.15 or above — roughly double the legal limit — your first DWI gets upgraded to a Class A misdemeanor. That means:

  • Jail time: Up to 1 year
  • Fine: Up to $4,000
  • DPS surcharges: $2,000 per year for three years ($6,000 total)
  • Ignition interlock device: Mandatory

Second DWI Offense (Class A Misdemeanor)

A second DWI in Texas carries mandatory jail time and a near-certainty of an ignition interlock device. The look-back period is unlimited — Texas has no statute of limitations on prior DWI convictions. A DWI from 1995 still counts.

  • Jail time: 30 days minimum (mandatory), up to 1 year
  • Fine: Up to $4,000
  • License suspension: 180 days to 2 years
  • DPS surcharges: $1,500 per year for three years ($4,500 total)
  • Ignition interlock device: Mandatory for the entire probation period
  • Community service: 80 to 200 hours
  • DWI education program: 32-hour repeat offender program
  • Probation: Up to 2 years with strict conditions (random drug/alcohol testing, no bars, curfew)

The real kicker on a second offense is the insurance impact. Most carriers will either drop you outright or charge $3,000 to $5,000 per year for the next 3-5 years. Combined with surcharges and interlock costs, you're looking at $20,000+ in total financial impact.

Third DWI and Beyond (Felony)

A third DWI in Texas is a third-degree felony. You're no longer looking at county jail. You're facing state prison.

Third-Degree Felony Penalties

  • Prison: 2 to 10 years in the Texas Department of Criminal Justice (state prison)
  • Fine: Up to $10,000
  • License suspension: 180 days to 2 years
  • DPS surcharges: $2,000 per year for three years ($6,000 total)
  • Felony record: Permanent. Affects employment, housing, gun rights, voting rights (while incarcerated), professional licensing and child custody

Probation is possible for a third DWI felony, but it requires a minimum 10-day jail stint as a condition of probation, plus strict supervision. Many Dallas County judges are reluctant to grant felony DWI probation without significant evidence of rehabilitation (completed treatment program, AA meetings, sobriety monitoring).

Special DWI Circumstances

DWI with a Child Passenger

Driving while intoxicated with a passenger under 15 years old is automatically a state jail felony — even on a first offense. Penalties: 180 days to 2 years in a state jail facility, fines up to $10,000, license suspension up to 180 days. You may also face separate child endangerment charges through CPS.

Intoxication Assault

If you cause serious bodily injury while driving intoxicated, you face intoxication assault — a third-degree felony. Penalties: 2 to 10 years in prison, fines up to $10,000. "Serious bodily injury" includes broken bones, concussions, any injury requiring surgery or creating a risk of death.

Intoxication Manslaughter

If someone dies as a result of your intoxicated driving, you face intoxication manslaughter — a second-degree felony. Penalties: 2 to 20 years in prison, fines up to $10,000. This applies even if the death was accidental and even if the other driver was partially at fault.

Commercial Driver DWI

Commercial drivers (CDL holders) face a lower BAC threshold of 0.04 while operating a commercial vehicle. A DWI conviction — even in your personal vehicle at 0.08 — results in a 1-year CDL disqualification for a first offense. Second offense: lifetime CDL disqualification. For most commercial drivers, a DWI conviction effectively ends their career.

Under 21 DUI (Zero Tolerance)

Texas has a zero-tolerance policy for drivers under 21. Any detectable amount of alcohol — even 0.01 BAC — triggers a DUI charge (separate from DWI). Penalties: license suspension of 60–180 days, up to $500 fine, 20–40 hours community service, mandatory alcohol awareness class. If BAC is 0.08 or higher, the minor faces full DWI charges with adult penalties.

SR-22 Insurance and Ignition Interlock

SR-22 Insurance

SR-22 isn't a type of insurance — it's a certificate your insurer files with the state proving you carry minimum liability coverage. Texas requires SR-22 for 2 years after a DWI conviction. The filing fee is $15-$25, but the real cost is your premiums. Expect a 100-300% increase. A driver paying $1,200/year before a DWI might pay $3,600-$4,800/year after. That's $7,200-$10,800 in extra premiums over the SR-22 period.

Ignition Interlock Device (IID)

An IID requires you to blow into a breathalyzer before your car starts. If it detects alcohol (typically above 0.02 BAC), the car won't start. You also have to provide "rolling retests" while driving. Costs: $70-$100 installation, $70-$150/month monitoring and calibration. Most orders run 6-12 months for a first offense, 1-2 years for a second. Tampering or circumventing the device is a separate criminal offense.

DWI Penalty Questions

What is the penalty for a first DWI in Texas? +
A first DWI is a Class B misdemeanor: 72 hours to 180 days in jail, fines up to $2,000, license suspension of 90 days to 1 year, and $1,000/year in DPS surcharges for three years. If your BAC was 0.15+, it upgrades to a Class A misdemeanor with $4,000 fines and up to 1 year in jail.
Is a third DWI a felony in Texas? +
Yes. A third DWI is a third-degree felony: 2-10 years in state prison, fines up to $10,000. There's no look-back period in Texas — prior DWIs from any time period count.
What happens if you get a DWI with a child in the car? +
DWI with a child passenger under 15 is a state jail felony even on a first offense: 180 days to 2 years in state jail, fines up to $10,000, plus possible CPS investigation and child endangerment charges.
How long does a DWI license suspension last in Texas? +
First offense: 90 days to 1 year. Second offense: 180 days to 2 years. Third offense: 180 days to 2 years. Refusing a breath/blood test adds 180 days (first refusal) or 2 years (subsequent refusal).
What is an ignition interlock device and when is it required? +
An ignition interlock device (IID) is a breathalyzer wired into your vehicle's ignition. It's mandatory for second offenses and any DWI with BAC 0.15+. Judges can also order it for first offenses. Monthly costs: $70-$150 for installation, monitoring and calibration.

Facing DWI Charges?

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