Texas DWI Penalties: Everything You Need To Know

DWI charges in Texas carry consequences that extend far beyond a single court date or a night in jail. Depending on the circumstances of your arrest, like your blood alcohol content, your prior record, and whether any aggravating factors apply, you could be looking at anything from a short jail stay and a fine to years in state prison and a felony on your record for life. No matter how severe the Texas DWI penalties you’re facing, it’s worth fighting your DWI charge with everything you’ve got. 

This guide breaks down the penalties you’ll face under DWI law in Texas, charge by charge, so you know what you're facing and what a skilled DWI attorney can do about it. The chart below gives you a quick reference of the major DWI penalty tiers before we go deeper into each one:

Continue reading to learn everything you need to know about the Texas DWI penalties based on the specific DWI charge, or contact Turnbull Legal Group today at (832) 314-3232 to start fighting back. 

What is the punishment for a DWI in Texas?

First offense DWI in Texas: Class B misdemeanor

Your first DWI in Texas will likely be charged as a Class B misdemeanor. It’s the most common entry point into the DWI system, and the one where early, experienced legal intervention can make the biggest difference.

The statutory penalties for a first-offense DWI in Texas are as follows:

• Fine: Up to $2,000
• Jail time: 3 to 180 days (72-hour minimum required by law)
• License suspension: 90 days to 1 year

While a first offense is "only" a misdemeanor, the collateral consequences can follow you for years. In Texas, a DWI conviction stays on your record permanently unless you qualify for expunction or non-disclosure.

Continue reading: How long does a DWI stay on your record?

DWI over .15 in Texas: Class A misdemeanor

If your BAC at the time of arrest was 0.15% or higher (nearly twice the legal limit), Texas law automatically elevates your charge from a Class B to a Class A misdemeanor. A DWI with a BAC of .15% or above carries the following penalties:

• Fine: Up to $4,000
• Jail time: Up to 1 year in county jail
• License suspension: 90 days to 1 year
• Ignition interlock device (IID): Mandatory installation on any vehicle you operate

The mandatory installation of an ignition interlock device is a massive burden; the device must be installed, calibrated, and maintained at your expense, and any failed test can result in immediate consequences. 

DWI second offense in Texas: Class A misdemeanor

A DWI second offense in Texas is charged as a Class A misdemeanor, the same classification as a first offense with a BAC over .15%, but with harsher mandatory minimums that leave far less room for lenient sentencing.

Second-offense DWI penalties in Texas include:

• Fine: Up to $4,000
• Jail time: 30 days to 1 year (mandatory minimum of 30 days, no exceptions)
• License suspension: Up to 2 years

The 30-day mandatory jail minimum is non-negotiable. Texas law requires at least 30 days of incarceration before alternative sentencing can take effect. This is a big reason why fighting a second DWI charge aggressively from the start is so important. Because Texas has no lookback period, any previous DWI conviction can make your DWI a second offense, even if it happened 40 years ago.

Third or subsequent offense DWI: Felony territory

A third or subsequent DWI conviction in Texas is charged as a third-degree felony. At this level, a DWI is absolutely and always a felony. The penalties are severe and life-altering in ways that go far beyond the courtroom. 

Third-offense (and beyond) DWI penalties in Texas:

• Fine: Up to $10,000
• Prison time: 2 to 10 years in state prison, not county jail
• License suspension: Up to 2 years
• Felony record: Permanent, with loss of voting rights, firearm rights, and significant employment consequences

A felony DWI conviction in Texas carries consequences that extend decades beyond the sentence itself. High-stakes cases like these are where having a former prosecutor and judge in your corner — someone who knows how the other side builds these cases — can mean the difference between a dismissal and a prison sentence.

DWI with a child passenger: State jail felony

One of the most serious aggravating circumstances in Texas DWI law is the presence of a child passenger. If you are arrested for DWI while a child under 15 years of age is in the vehicle, the charge is automatically elevated to a state jail felony regardless of your record.

Penalties for DWI with a child passenger in Texas:

• Fine: Up to $10,000
• State jail time: 180 days to 2 years in state jail
• License suspension: 180 days
• Child Protective Services: CPS notification and potential involvement

DWI with a child passenger charges can be triggered even for first-time offenders with a modest BAC. If you or a loved one is arrested for DWI with a child in the car, it’s more important than ever that you hire the best DWI lawyer you can find and begin protecting your family.

Intoxication assault and intoxication manslaughter

When a DWI results in injury or death to another person, Texas law moves out of the standard DWI penalty structure entirely and into territory with dramatically more severe consequences.

Intoxication Assault

If a DWI causes serious bodily injury to another person, the charge becomes intoxication assault, a third-degree felony in Texas.

• Fine: Up to $10,000
• Prison time: 2 to 10 years in state prison
• Additional time: Enhanced to a second-degree felony if the victim is a peace officer, firefighter, or EMT

Intoxication Manslaughter

If a DWI results in the death of another person, the charge becomes intoxication manslaughter, a second-degree felony with devastating sentencing exposure.

• Fine: Up to $10,000
• Prison time: 2 to 20 years in state prison
• Civil liability: Wrongful death lawsuits, in addition to criminal penalties

These cases demand the most experienced DWI attorneys in the country. Ned Turnbull has tried over 200 felony jury trials and is qualified as trial counsel in death penalty cases. If you or a family member is facing charges at this level, you need an attorney who is not intimidated by complex, high-stakes litigation, like Ned Turnbull.

Additional penalties that apply across DWI cases

Beyond fines, jail time, and license suspension, a DWI conviction in Texas triggers a range of additional penalties and requirements that affect your daily life long after the court date. These consequences apply across most DWI cases, regardless of whether it's a first or subsequent offense.

• Installation of an ignition interlock device: Required in many cases, including any DWI involving a BAC of .15% or higher, repeat offenses, or as a condition of bond. The device must be installed at your expense and prevents the vehicle from starting if alcohol is detected on your breath.
• Enrollment in a DWI education program: Texas requires completion of a state-approved DWI intervention or education program for most convictions.
• Community service hours: Courts frequently impose community service hours as part of probation, ranging from 24 hours for a first offense to 600+ hours for felony-level DWI convictions.
• Probation or community supervision: Often available in lieu of incarceration for first and second offenses, but carries its own conditions, including regular check-ins, drug testing, and the possibility of revocation.
• SR-22 insurance: After a DWI conviction, Texas typically requires you to carry high-risk SR-22 insurance (at exponentially elevated costs) for up to two years.

These non-jail consequences are easy to underestimate but can add up to thousands of dollars and years of disruption. A good DWI attorney will fight the charge you’re facing, as well as the full scope of what a conviction for that charge will cost you.

The ALR hearing and how you can save your license

The ALR hearing is a mystery to many people facing DWI charges. Did you know that your driver's license can be suspended before your criminal case is ever resolved? Under Texas's Administrative License Revocation program, the Texas Department of Public Safety initiates a civil license suspension proceeding the moment you fail or refuse a chemical test at the time of arrest. This hearing is your chance to save your license and get your DWI case off on the right foot. 

You have only 15 days from the date of your arrest to request an ALR hearing. Miss that deadline, and your license is automatically suspended. The ALR process runs on its own timeline, separate from your criminal case, and requires immediate legal attention.

An ALR hearing is also an important opportunity for your attorney; it allows them to cross-examine the arresting officer under oath, locking in their testimony before your criminal case proceeds. This is the kind of tactical advantage that an attorney with prosecutorial experience is uniquely equipped to use.

Texas DWI penalties FAQ

Is a DWI a felony now in Texas in 2026?

A DWI is a felony in Texas when it is a third or subsequent DWI conviction, when there is a child passenger in the vehicle, or when the DWI results in serious injury or death. First and second DWI convictions without aggravating circumstances are generally charged as misdemeanors.

Is a first time DWI in Texas a felony?

Not usually. A first-time DWI in Texas is generally a Class B misdemeanor, or a Class A misdemeanor if the driver's BAC was 0.15% or higher. There are certain first-offense circumstances — like having a child passenger, injuring or killing another party — that can elevate the charge to a felony regardless of prior record.

What’s the difference between DUI vs DWI in Texas?

In Texas, DWI (Driving While Intoxicated) applies to adults with a BAC of .08% or higher, or who are otherwise intoxicated. DUI (Driving Under the Influence) is a lesser offense that applies specifically to minors (under 21) who operate a vehicle with any detectable amount of alcohol in their system, though minors operating a vehicle above .08% can also be charged with DWI.

For a full explanation, see our guide to the difference between DUI and DWI in Texas.

Do I need an attorney for a DWI?

Facing a DWI case without a good DWI lawyer dramatically reduces your options. Without an attorney, you're unlikely to challenge the stop, the field sobriety test, or the chemical test results, and the prosecution will almost certainly secure a conviction. An experienced DWI attorney can identify procedural violations, negotiate with prosecutors, and in many cases achieve dismissals or significantly reduced charges that wouldn't otherwise be available.