Penalties For a DWI in Texas

Last Updated on July 21, 2025 by Beltz Law Group

Navigating DWI Penalties and Defenses in Texas: A Guide from The Beltz Law Group

Driving while intoxicated (DWI) in Texas carries severe consequences, and the penalties escalate significantly with repeat offenses or aggravating factors. At The Beltz Law Group, we understand the complexities of DWI law and are dedicated to protecting your rights. This article outlines the typical penalties for various DWI offenses in Texas and explores common defenses that may be available in your case.

Understanding DWI Penalties in Texas

In Texas, a person is considered legally intoxicated if their Blood Alcohol Concentration (BAC) is $0.08\%$ or greater, or if they have lost the normal use of their mental or physical faculties due to alcohol or drug consumption. The penalties vary based on the number of prior offenses and other specific circumstances.

DWI 1st Offense

A first-time DWI offense in Texas is typically classified as a Class B misdemeanor, unless aggravating factors are present.

• Fines: Up to $2,000.
• Jail Time: Up to 180 days in county jail, with a mandatory minimum of 72 hours. If an open container was present, the minimum jail time increases to six days.
• Driver’s License Suspension: 90 days to one year.
• State Fines: An additional state fine of $3,000, $4,500, or $6,000 may be assessed upon sentencing.
• Other: May include community service, DWI education programs, and potential probation.

DWI 2nd Offense

A second DWI offense is a Class A misdemeanor, and the penalties become substantially harsher.

• Fines: Up to $4,000.
• Jail Time: One month to one year in jail, with a mandatory minimum of 72 hours.
• Driver’s License Suspension: Up to two years.
• Other: Mandatory ignition interlock device, and typically a DWI Intervention program. Deferred adjudication (a type of probation that can lead to dismissal of the case) is generally not available for second offenses.

DWI 3rd Offense

A third or subsequent DWI offense is considered a Third-Degree Felony in Texas, regardless of the time elapsed since previous convictions.

• Fines: Up to $10,000.
• Prison Time: Two to ten years in state prison.
• Driver’s License Suspension: Up to two years.
• Other: Mandatory ignition interlock device, and often extensive community service and alcohol education programs. A felony record has significant long-term consequences, impacting employment, housing, and other civil liberties.

DWI with BAC Twice the Legal Limit ($.15\%$ BAC or Higher)

If your BAC is $.15\%$ or higher, even for a first offense, the penalties are enhanced.

• Classification: A first offense with a BAC of $.15\%$ or higher is elevated to a Class A misdemeanor.
• Fines: Up to $4,000.
• Jail Time: Minimum of 30 days up to one year in jail.
• Driver’s License Suspension: Up to two years.
• Other: Mandatory ignition interlock device may be required.

DWI When a Minor is a Passenger

Driving while intoxicated with a passenger under 15 years of age in the vehicle is a State Jail Felony and carries severe consequences.

• Fines: Up to $10,000.
• Jail Time: 180 days to two years in a state jail.
• Driver’s License Suspension: An additional 180-day suspension.
• Other: Potential charges for child endangerment, which can have devastating effects on parental rights and lead to civil proceedings by the Texas Department of Family and Protective Services (DFPS).

Possible Defenses for a DWI in Texas

Facing a DWI charge can feel overwhelming, but various legal defenses may be applicable to your case. An experienced DWI attorney can thoroughly review the facts and evidence to determine the strongest defense strategy.

• Lack of Probable Cause for the Stop: Law enforcement must have a legitimate reason (probable cause) to pull over your vehicle. If the stop was unlawful, any evidence obtained afterward might be suppressed.
• Improper Administration of Field Sobriety Tests (FSTs): FSTs are subjective and can be influenced by various factors (e.g., medical conditions, weather, footwear). If the officer did not administer the tests correctly or interpret them accurately, the results can be challenged.
• Inaccurate Breathalyzer or Blood Test Results: Chemical tests are not infallible. Defenses can include:
  • Improper Calibration or Maintenance of Equipment: Breathalyzer devices require regular calibration and maintenance.
  • Contamination or Improper Handling of Samples: Blood samples must be collected, stored, and transported according to strict protocols.
  • Rising BAC: Your BAC may have been below the legal limit while driving but rose by the time the test was administered (due to recent alcohol consumption).
  • Medical Conditions: Certain medical conditions (e.g., GERD, acid reflux, diabetes) can affect breathalyzer readings.
• No Actual Physical Control of the Vehicle: To be convicted of DWI, you must have been “operating” a motor vehicle. If you were merely in the car but not in actual physical control (e.g., sleeping in the back seat with keys not in the ignition), this could be a defense.
• Police Misconduct/Procedural Violations:
  • Failure to Read Miranda Rights: If you were subjected to custodial interrogation without being read your Miranda warnings, any statements you made might be inadmissible.
  • Illegal Search and Seizure: Evidence obtained through an unconstitutional search may be suppressed.
• Inconsistencies in Officer Testimony: Discrepancies in the arresting officer’s account of events can weaken the prosecution’s case.

Contact The Beltz Law Group Today

A DWI conviction in Texas can have life-altering consequences, affecting your freedom, finances, and future opportunities. If you or a loved one is facing DWI charges, it is crucial to seek experienced legal representation immediately. The attorneys at The Beltz Law Group are well-versed in Texas DWI laws and are prepared to aggressively defend your rights. Contact us today for a consultation to discuss your case and explore your legal options.