What Are the Penalties for a DWI in Texas?

Driving While Intoxicated (DWI) is a serious crime in Texas, and the penalties for being convicted of impaired driving can be severe. These depend on numerous factors, including the number of prior convictions an offender has, as well as their blood alcohol concentration (BAC) at the time of the offense.

First Offense

• Fine: Up to $2,000
• Jail time: 3 days to 180 days (with a mandatory minimum of 72 hours)
• License suspension: 90 days to 1 year

Second Offense

• Fine: Up to $4,000
• Jail time: 1 month to 1 year
• License suspension: 180 days to 2 years

Third or Subsequent Offense

• Fine: Up to $10,000
• Jail time: 2 years to 10 years
• License suspension: 2 years

Other Penalties

In addition to the above penalties, a person convicted of a DWI in Texas may also be required to pay restitution to the victim of the offense, as well as court costs and other fees. The offender may also be required to complete community service and attend a substance abuse treatment program.

Ignition Interlock Device

An ignition interlock device (IID) is a breathalyzer that is installed in a vehicle’s ignition. The driver must blow into the IID before the vehicle will start. If the driver’s blood alcohol content (BAC) is above a certain level, the vehicle will not start. IIDs are often required for people who have been convicted of a DWI. Texas is an all-offender Ignition Interlock state, which means someone convicted of a DWI will most likely need an IID, regardless if it was a first offense.

DUI vs DWI

In Texas, the terms DWI are often used interchangeably and they both refer to individuals operating a vehicle while intoxicated. However, under Texas law, “DWI” is the specific legal term for this offense, while “DUI” is used to describe a charge to anyone under the age of 21 who is found to have any alcohol in their system.

If you have been arrested for a DWI in Texas, it is important to speak with an experienced criminal defense attorney as soon as possible.