Texas DWI Penalties by Level: From First Offense to Felony

How Texas grades a DWI

A DWI is not a single offense with a single punishment. Texas grades it by level, and the level is driven by your BAC, your prior record, and whether anyone else was endangered or hurt. Each step up changes the classification, the jail or prison range, and the maximum fine, and a few factors (a high BAC, a child in the car, a prior conviction, an injury) can move a case up the ladder quickly. The penalties below are the criminal punishment ranges; a separate state fine and a driver’s license suspension apply in addition to them. See license suspension length.

First-offense DWI, and the 0.15 line

Since 2019, the single most important number on a first DWI is 0.15, because it splits the first offense into two very different cases.

Class B first offense (BAC under 0.15, or no test). A first DWI is a Class B misdemeanor: up to 180 days in jail, a fine up to $2,000, and a minimum confinement term the court can impose. Critically, since 2019 a Class B first offense is eligible for deferred adjudication, which can lead to a dismissal and, later, a sealed record.

Class A first offense (BAC 0.15 or higher). If a breath or blood test puts you at 0.15 or above, the first offense is elevated to a Class A misdemeanor: up to one year in jail, a fine up to $4,000, a mandatory ignition interlock, no early termination of probation, and a permanent conviction that cannot be sealed.

The line between 0.14 and 0.15 is the line between a case that can disappear from your record and one that follows you forever, which is why challenging the BAC is so consequential.

Second-offense DWI

A second DWI is a Class A misdemeanor: a jail range of up to one year and a fine up to $4,000, with a mandatory minimum jail term and a required ignition interlock. A second offense also brings a longer license suspension and is not eligible for the deferred-adjudication path that a first Class B offense opened up. See DWI jail time.

Felony DWI

At the third offense, and in cases involving a child or a serious injury or death, a DWI becomes a felony, a different category of case with mandatory minimum prison time and no deferred-adjudication eligibility.

• DWI third or more, third-degree felony. Two or more prior DWI convictions elevate the charge under Section 49.09(b) to a third-degree felony: 2 to 10 years in prison and a fine up to $10,000. Prior felony convictions can enhance the range further under the habitual-offender statute.
• DWI with a child passenger, state jail felony. Under Section 49.045, a child under 15 in the vehicle makes the offense a state jail felony, 180 days to 2 years in a state jail and a fine up to $10,000, even on a first offense with no priors.
• DWI in a school crossing zone, state jail felony. Since September 1, 2025 (SB 826), a DWI committed in a school crossing zone while the reduced speed limit is in effect is a state jail felony, even on a first offense with no injury or priors.
• Intoxication assault, third-degree felony. Causing serious bodily injury by reason of intoxication under Section 49.07 carries 2 to 10 years; if the victim is a firefighter or EMS worker on duty it rises to a second-degree felony, and if the victim is a peace officer or judge on duty it rises to a first-degree felony.
• Intoxication manslaughter, second-degree felony. Causing a death under Section 49.08 carries 2 to 20 years; an on-duty first-responder victim raises it to a first-degree felony. A 2023 law, Bentley’s Law, also requires child support to a deceased victim’s minor children.

Do old DWIs still count toward a felony?

Yes. A third DWI is a felony because of your two prior convictions, and Texas does not care how old those priors are. The state removed its 10-year remoteness rule in 2005, so a DWI from decades ago still counts toward making a new one a felony. There is no point at which an old DWI simply falls off for enhancement purposes.

The penalties on top of the penalties

Whatever the level, a DWI carries more than the jail range and criminal fine. At conviction Texas adds a state fine, commonly $3,000 for a first DWI, $4,500 for a second within 36 months, and $6,000 for a BAC of 0.15 or higher. A license suspension applies through both the ALR and conviction tracks, an ignition interlock is often required, and insurance, program, and interlock costs push the real total far past the fine.

Community service is part of the sentence too

If you are placed on probation, community service is usually a mandatory condition, and the hours add up. Texas lets the court order up to 100 hours for a first DWI, up to 200 hours for a second, and up to 600 hours for a third DWI or intoxication assault. It is a real time commitment people rarely picture when they think about a DWI sentence. The most common number of hours ordered on a first-offense DWI is 24.

These are the maximums, not the outcome

Everything above is what you face if convicted, not what is guaranteed. The level of the charge can be challenged, and so can the evidence behind it. Bringing a 0.15-plus reading below the line, suppressing a test, or negotiating for a program can move a case down the ladder or off it entirely. Managing Partner Deandra Grant brings ACS-CHAL forensic training to exactly that fight. Explore your DWI defenses.

Frequently Asked Questions

What are the penalties for a first DWI in Texas?

A first DWI is usually a Class B misdemeanor: up to 180 days in jail and a fine up to $2,000, plus a license suspension and a separate state fine. At a BAC of 0.15 or higher, it becomes a Class A misdemeanor with up to a year in jail and a $4,000 fine.

Why does a BAC of 0.15 matter so much?

At 0.15 or above, a first DWI is elevated from a Class B to a Class A misdemeanor, which carries a higher jail range and fine, a mandatory interlock, and a permanent conviction that cannot be sealed. Below 0.15, a first offense can be eligible for deferred adjudication and record sealing.

What is the penalty for a second DWI in Texas?

A second DWI is a Class A misdemeanor: up to one year in jail, a fine up to $4,000, a mandatory minimum jail term, and a required ignition interlock, plus a longer license suspension.

When does a DWI become a felony in Texas?

On a third offense (a third-degree felony, 2 to 10 years), with a child passenger (a state jail felony), or when intoxication causes serious injury (intoxication assault) or death (intoxication manslaughter).

What is the penalty for DWI with a child passenger?

It is a state jail felony under Section 49.045, punishable by 180 days to 2 years in a state jail and a fine up to $10,000, even on a first offense with no prior convictions.

Are there penalties beyond jail and fines?

Yes. A state fine (commonly $3,000, $4,500, or $6,000), a license suspension, an ignition interlock, education programs, higher insurance, and other costs all apply on top of the criminal punishment.

Do old DWI convictions count toward a felony DWI in Texas?

Yes. Texas removed its 10-year lookback in 2005, so prior DWIs count toward a felony third no matter how long ago they happened. An old DWI does not fall off.

The Level of Your Charge Is Not Always Fixed

Where your case falls on the DWI ladder drives everything that follows, and both the level and the evidence can be challenged. Deandra Grant Law brings forensic training to DWI cases across Dallas, Fort Worth, North Texas, and Waco. Call (214) 225-7117 for a free, confidential consultation.

Related Penalties Topics

• DWI Jail Time — Mandatory minimums and when jail is likely.
• DWI Probation — How community supervision works and its conditions.
• Ignition Interlock — When the device is required and what it costs.
• DWI Education Programs — The classes Texas requires and the deadlines.