Texas DWI

Texas DWI Penalties

Texas DWI penalties come in layers, and they climb sharply with priors, a high BAC, a child, or an injury.

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Overview

Texas DWI penalties depend on the offense level and climb sharply with repeat offenses, a high BAC, a child passenger, or an injury. A first DWI is usually a Class B misdemeanor with up to 180 days in jail and a fine up to $2,000.

The penalties go far beyond jail and fines, and can include probation, an ignition interlock, mandatory classes, a state fine at conviction, and a license suspension.

DWI penalties come in layers

The fine on the ticket is only the beginning. A Texas DWI brings a stack of consequences that can include time in jail, years of probation, a device in your car, classes, and steep state fines. The exact mix depends on the level of the charge and your record. This guide breaks each part down and links to a detailed page on each.

Penalties by offense level

The single biggest factor is the level of the charge. Here is how Texas DWI penalties generally break down.

Offense	Classification	Jail or prison	Max fine
First DWI	Class B misdemeanor	72 hours to 180 days	$2,000
First DWI, BAC 0.15+	Class A misdemeanor	up to 1 year	$4,000
Second DWI	Class A misdemeanor	30 days to 1 year	$4,000
Third DWI	Third-degree felony	2 to 10 years	$10,000
DWI with a child passenger	State jail felony	180 days to 2 years	$10,000
Intoxication assault	Third-degree felony	2 to 10 years	$10,000
Intoxication manslaughter	Second-degree felony	2 to 20 years	$10,000

These are the criminal penalties. A separate state fine and license suspension apply on top. See DWI penalties by level.

Since 2019, the most important number on a first DWI is 0.15. Below 0.15 (or with no test), a first DWI stays a Class B misdemeanor and is now eligible for deferred adjudication, which can lead to a dismissal and a sealed record. At 0.15 or higher, it becomes a Class A misdemeanor with up to a year in jail, 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 matters so much.

Jail time

Texas sets mandatory minimum jail terms for many DWIs, even on a first offense, although many first-time clients receive probation instead of serving that time in county jail. Repeat and felony DWIs carry much longer terms, and an open container or other factors can raise the minimum. See DWI jail time.

Probation

Probation, called community supervision in Texas, lets you serve your sentence under court supervision instead of in jail. It comes with strict conditions, such as regular reporting, no alcohol, classes, community service, fees, and often an ignition interlock, for a set period that can run up to two years for a misdemeanor and longer for a felony. Violating a condition can send you to jail. See DWI probation.

Ignition interlock

An ignition interlock is a device that requires a clean breath sample before your car will start. Texas requires it for repeat offenses, for a BAC of 0.15 or higher, and frequently as a condition of bond or probation. You pay for installation, monthly leasing, and monitoring. See ignition interlock.

Education programs

A DWI usually requires a state-approved class. First offenders typically must complete a DWI education program, while repeat offenders face a longer DWI intervention program. Finishing on time matters, because failing to complete the class can extend your license suspension. See DWI education programs.

State fines and the real cost

At conviction, Texas adds a state fine on top of the criminal 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. Add higher insurance, interlock costs, and lost income, and the true cost climbs well past the fine itself. See the cost of a DWI.

How a lawyer reduces or avoids penalties

The penalties above are what you face if convicted, not what you are guaranteed. A strong defense can lead to a dismissal, a reduction, or a program that keeps a conviction off your record. Options include challenging the evidence, negotiating a reduced charge, or pursuing diversion or deferred adjudication. See DWI defenses, plea bargains, and the DWI court process.

Frequently Asked Questions

What are the penalties for a first DWI in Texas?

A first DWI is usually a Class B misdemeanor with up to 180 days in jail and a fine up to $2,000, plus a license suspension and a state fine.

Will I go to jail for a first DWI?

Many first-time clients receive probation rather than jail, though the law sets a minimum term and jail is possible.

When does a DWI become a felony in Texas?

On a third offense, with a child passenger, or when it causes serious injury or death.

Do I have to get an ignition interlock?

Often yes, especially for repeat offenses, a high BAC, or as a bond or probation condition.

What is the DWI state fine?

A fine added at conviction, commonly $3,000 for a first DWI, $4,500 for a second, and $6,000 for a BAC of 0.15 or higher.

How long does DWI probation last?

Up to two years for a misdemeanor and longer for a felony, with conditions you must follow throughout.

What is the maximum penalty for a third DWI in Texas?

A third DWI is a third-degree felony punishable by 2 to 10 years in prison and a fine up to $10,000, plus license and program consequences.

What is the punishment for intoxication manslaughter in Texas?

It is a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. Intoxication assault is a third-degree felony (2 to 10 years).

Facing DWI Penalties in Texas?

The penalties you read about are not a foregone conclusion. Get a free, confidential review and learn how we can fight to reduce or avoid them. Deandra Grant Law serves Dallas, Fort Worth, North Texas, and Waco. Call (214) 225-7117.