In Texas, a DWI is considered a Class B Misdemeanor. It is also considered a moving violation, which means that it can be reported to your insurance company and could raise the rates of your car insurance policy. The penalties for a DWI depend on what type of vehicle you were driving at the time of your arrest and if there were any prior convictions or pending charges against you.

If convicted with no prior offenses:

You face:

• Up to 180 days in jail with a mandatory minimum jail time of 72 hours (3 days) before being eligible for release on bond or personal recognizance bond;
• A fine up to $2,000; and
• Probation up to 2 years (1 year if no alcohol assessment was required).

What are the penalties for a first offense DWI?

The penalties for a first DWI include a fine, jail time, license suspension, and community service. Fines can vary from $250 to $2,000, and jail time ranges from 48 hours to 180 days. Once you’re released from jail or on bond while awaiting trial, the court will order your license suspended until your case is resolved either by trial or a plea bargain agreement.

Fines must be paid in full within 30 days of sentencing unless the judge has granted an extension of time to pay (ETP). If you don’t pay your fine within the specified ETP period—usually two years—you could face additional fines on top of what was already assessed in court costs at sentencing: these additional fines can add up quickly.

Jail time also comes with community service requirements that local courts assign based on an offender’s ability to perform them: some offenders will be required only one day’s worth of community service, while others could be required up to eight weeks’ worth.

If you are facing a DWI charge, it is in your best interest to speak with a qualified Texas DWI lawyer to go over the specifics of your situation. A conviction for a DWI can have lasting repercussions that affect the rest of your life.

What are the penalties for 2nd DWI within five years?

If you receive a second DWI within five years of your first, penalties are harsher. In addition to the regular penalties for a first-time offense, you will likely be required to pay higher fines, serve time in prison, and take alcohol education classes. You may also be required to install an ignition interlock device on your vehicle.

Penalties for 3rd offense including enhanced penalties

If you are convicted of your third DWI, the penalties can be enhanced. Enhanced penalties for a third offense include:

• A mandatory prison sentence of up to two years
• Mandatory suspension of your driver’s license for six months, followed by three years of probation and an ignition interlock system on all vehicles owned or operated by the offender
• A fine between $1,000 and $4,000

If one of these enhanced penalties applies to you (your BAC was over 0.16), additional consequences will also apply.

Enhanced punishments for offenders that have BACs of 0.16 or higher

In addition to the penalties outlined above, offenders with a BAC of 0.16 or higher will face enhanced punishments. These enhanced punishments would include:

• mandatory jail time,
• mandatory alcohol treatment and education courses,
• ignition interlock devices for the offender’s vehicle(s) for at least six months after their license has been restored (if appropriate),
• and driver’s license suspensions ranging from 30 days to one year in duration (depending on prior offenses),
• and forfeiture of the offender’s vehicle if used in their offense.

Conclusion

Generally speaking, the penalties for a DWI in Texas are relatively predictable. You will most likely be placed in jail if you cannot post bail until your case is resolved. Considering that DWI charges can be severe, the last thing you want is to get locked up and wait to be released while you deal with your case. You also want to do everything possible to ensure that things don’t worsen after your arrest.

Leland D. Bengtson

As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.