What are the penalties for a DWI in Texas?
By: LawInfo
Texas DWI Penalties Include:
1st DWI OFFENSE:
- (Class B misdemeanor) - Punishable as a fine not to exceed $2,000.00,
- Jail Time: 72 hours to 180 days,
- Driver’s license suspension: 90 days- 1 Year,
- The court may probate the jail sentence and waive the driver license suspension on the first offense ONLY, and
- Possession of an open container of an alcoholic beverage increases the minimum term of confinement by 3 days to 6 days for a 1st offense.
2nd DWI OFFENSE:
- (Class A misdemeanor) - Punishable by a fine not to exceed $4,000.00,
- Jail Time: 30 days-1 year, and
- Driver’s license suspension: 180 days-2 Years
3rd (or subsequent) DWI OFFENSE:
- (Felony of the Third Degree) - Punishable by a fine not to exceed $10,000.00,
- Imprisonment In State Penitentiary: 2-10 years, and
- Driver’s license (or driving privilege) suspension: 180 days-2 years.
DWI with Child Passenger Under 15
- (State Jail Felony) - Punishable by a fine not to exceed $10,000
- Jail: 180 Days-2 Years
Intoxication Assault (DWI Causing serious injury):
- (Felony of the Third Degree) - Punishable by a fine not to exceed $10,000.00,
- Confinement in State Penitentiary: 2-10 Years, and
- Driver license suspension: 90 Days-1 Year
Intoxication Manslaughter (DWI resulting in another person’s death):
- (Felony of the Second Degree) - Punishable by a fine not to exceed $10,000.00,
- Confinement in State Penitentiary: 2-10 Years, and
- Driver's license suspension; 180 Days-2 Years.
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Additional Texas Drunk Driving Defense FAQs
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Q:
What happens after a DWI arrest in Texas?
A: (1) Administrative License Revocation : To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of … More -
Q:
Will I be able to get my drunk driving case in Texas dismissed because I was not read my rights?
A: Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you. More -
Q:
What will happen if I do not complete Court ordered classes or public service after a DWI conviction in Texas ?
A: You will go to jail if you do not complete the alcohol classes and your license will be suspended. More -
Q:
What are the terms used for drunk driving offenses in Texas?
A: A person arrested for drunk driving in Texas will be charged with Driving While Intoxicated (“DWI”) . Moreover, the definition of Intoxication, under … More -
Q:
What happens if I refuse to consent to a Chemical Blood or Breath Test when pulled over for DWI in Texas?
A: According to Texas’ implied consent law once you receive your driver’s license you automatically consent to chemical test of your blood, breath or urine … More -
Q:
What is the legal drinking limit for drivers in Texas?
A: The blood alcohol limit in Texas is a 0.08 BAC, unless you are under the age of 21. If you are under the age of 21 and your BAC is 0.02 or higher then you are legally … More -
Q:
Is drinking and driving a crime in Texas?
A: It is not a crime to drink and drive in Texas. However, you may not legally drive if your Blood Alcohol Content (BAC) has exceeded the maximum percentage allowed … More -
Q:
Where can I find Texas DWI Lawyers?
A: Check out LawInfo.com’s list of Lead Counsel Rated attorneys to find qualified legal representation. More -
Q:
What are the drunk driving laws for Minors in Texas?
A: In Texas a “minor” is someone under 21 years of age. Generally speaking, a minor may not purchase, attempt to purchase, consume, or even possess an … More -
Q:
What are the penalties for Driving Under the Influence (DUI) by a Minor?
A: DUI by a Minor (Age 10-16) Punishable by a fine up to $500.00, Not less than 40 nor more than 60 hours of community service, and The minor’s driver license may … More

