What Are the Penalties for a DWI in Texas?

Last Updated on July 21, 2025 by Beltz Law Group

Navigating the Consequences: Understanding DWI Penalties in Texas

Driving While Intoxicated (DWI) is a grave offense in Texas, carrying penalties that can profoundly impact your life. The consequences of a DWI conviction are not only severe but also highly dependent on various factors, including your criminal history, the specific circumstances of your arrest, and your Blood Alcohol Concentration (BAC) at the time of the offense.

At The Beltz Law Group, we understand that facing a DWI charge can be overwhelming. This article aims to demystify the potential penalties you could face in Texas, helping you understand the gravity of the situation and why experienced legal representation is crucial.

What Does “Intoxicated” Mean in Texas?

Under Texas law, you are considered “intoxicated” if:

• Your Blood Alcohol Concentration (BAC) is 0.08% or higher.
• You do not have the normal use of your mental or physical faculties due to alcohol or drug consumption (even if your BAC is below 0.08%).

Penalties for a DWI Conviction in Texas

The penalties for DWI in Texas escalate significantly with each subsequent conviction and depending on aggravating factors.

First Offense DWI (Class B Misdemeanor)

For most first-time DWI offenders without aggravating circumstances, the charge is typically a Class B misdemeanor.

• Fines: Up to $2,000.
• Jail Time: A mandatory minimum of 72 hours, extending up to 180 days. If an open container was present in the vehicle, the minimum jail time increases to 6 days.
• Driver’s License Suspension: 90 days to 1 year. During this period, you may be eligible for an Occupational Driver’s License (ODL) to allow limited driving privileges.
• Annual Surcharges (Historical Note): While the Driver Responsibility Program has largely been reformed, historically, a first DWI could trigger an annual surcharge of $1,000 for three years. Current law has mostly eliminated these for new convictions, but the conviction itself still impacts your driving record.

Second Offense DWI (Class A Misdemeanor)

A second DWI conviction in Texas is treated as a Class A misdemeanor, indicating a more serious offense.

• Fines: Up to $4,000.
• Jail Time: From 30 days to 1 year.
• Driver’s License Suspension: 180 days to 2 years. An ODL may still be available.
• Annual Surcharges (Historical Note): Historically, a second DWI could trigger an annual surcharge of $1,500 for three years under the Driver Responsibility Program.

Third or Subsequent Offense DWI (Third-Degree Felony)

A third or subsequent DWI conviction is a felony offense in Texas, carrying severe, long-term consequences.

• Fines: Up to $10,000.
• Jail Time: From 2 years to 10 years in a state prison.
• Driver’s License Suspension: 2 years.
• Annual Surcharges (Historical Note): Historically, a third DWI could trigger an annual surcharge of $2,000 for three years under the Driver Responsibility Program.

Other Significant Penalties and Requirements

Beyond the basic fines, jail time, and license suspension, a DWI conviction in Texas often brings a host of additional requirements and costs:

• Court Costs and Fees: You will be responsible for various court fees, administrative fees, and potentially probation fees, which can add up significantly.
• DWI Education Program: Almost all DWI convictions require completion of a state-approved DWI Education Program.
• Substance Abuse Treatment Program: Depending on the circumstances and your history, you may be mandated to attend a substance abuse treatment or intervention program.
• Community Service: Courts often order a specific number of community service hours.
• Victim Impact Panel (VIP): Many courts require attendance at a MADD (Mothers Against Drunk Driving) Victim Impact Panel, where victims of impaired driving share their stories.
• Ignition Interlock Device (IID): Texas is an “all-offender” Ignition Interlock state. This means if you are convicted of DWI, you will very likely be required to install an IID on any vehicle you drive, even for a first offense. This device requires you to blow into it before the car will start, and periodically while driving, to ensure you don’t have alcohol in your system. IIDs come with installation and monthly monitoring fees.
• SR-22 High-Risk Insurance: After a license suspension for DWI, you will typically be required to obtain an SR-22 certificate, which proves you have high-risk auto insurance. This is often significantly more expensive than standard insurance.
• Criminal Record: A DWI conviction results in a criminal record, which can impact employment opportunities, housing, loans, and even professional licensing.

Aggravating Factors That Increase Penalties

Certain circumstances can enhance a DWI charge to a higher offense level or increase the penalties:

• High BAC (0.15% or More): If your BAC is 0.15% or higher, a first-offense DWI can be automatically elevated from a Class B to a Class A misdemeanor.
• Open Container: Having an open alcoholic beverage container in your vehicle while being arrested for DWI can lead to an additional Class C misdemeanor and a mandatory minimum jail time for a first DWI.
• DWI with a Child Passenger: If a child under 15 years old is in the vehicle at the time of the DWI, the charge is automatically elevated to a State Jail Felony, with potential jail time of 180 days to 2 years and a fine up to $10,000.
• DWI with Serious Bodily Injury (Intoxication Assault): If your intoxication causes serious bodily injury to another person, the charge is a Third-Degree Felony (2-10 years in prison).
• DWI with Death (Intoxication Manslaughter): If your intoxication causes the death of another person, the charge is a Second-Degree Felony (2-20 years in prison).

DUI vs. DWI in Texas: A Clear Distinction

While sometimes used interchangeably in casual conversation, “DUI” and “DWI” have distinct meanings under Texas law:

• DWI (Driving While Intoxicated): This is the charge for individuals 21 years of age or older who operate a motor vehicle while intoxicated (BAC of 0.08% or higher, or loss of normal faculties).
• DUI (Driving Under the Influence – Minor): This term is specifically used for individuals under 21 years of age who are found to have any detectable amount of alcohol in their system while operating a motor vehicle in a public place. This is often referred to as “Minor in Possession” (MIP) of alcohol while driving. Penalties for DUI for minors are generally less severe than adult DWI but can still include fines, license suspension, and mandatory alcohol awareness courses.

Don’t Face DWI Charges Alone

The consequences of a DWI conviction in Texas are far-reaching and can significantly alter your life. Understanding the complex legal landscape is paramount to building a strong defense.

If you have been arrested for DWI in Texas, it is critical to seek legal counsel from an experienced criminal defense attorney as soon as possible. The attorneys at The Beltz Law Group are well-versed in Texas DWI laws and can:

• Challenge the evidence: Examine police procedures, breathalyzer/blood test results, and field sobriety tests.
• Negotiate with prosecutors: Work to reduce charges or explore alternative sentencing options.
• Protect your rights: Ensure you receive fair treatment throughout the legal process.
• Help with license issues: Guide you through ALR hearings and the process of obtaining an ODL.

Your future depends on a robust defense. Contact The Beltz Law Group today at 214-321-4105 or fill out our online questionnaire to get started.