Texas DWI Penalties

Attorney Trey Porter
Trey Porter

Texas DWI Penalties

Texas DWI penalties

Texas DWI Penalties are severe. First-time DWI offenders face up to 1 year in jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration. DWI offenders with multiple convictions face up to 10 years in prison.

  • Can a DWI 1st be dismissed or reduced? Yes. DWI charges are dismissed and reduced every day in courts across Texas for a variety of reasons. Learn more.
  • Is jail mandatory for a DWI 1st in Texas? No. However, enhancements, like an open container, can result in mandatory jail time.
  • Can you go to jail for DWI in Texas? Yes. Although not mandatory, first-time DWI offenders can face up to 1 year in jail.
  • What is the cost of a DWI in Texas? In the short term, thousands of dollars. However, the cost of a permanent criminal conviction is steep and impossible to calculate. Learn more.
  • Is a DWI a felony in Texas? In Texas, a first-time DWI charge is a Class B Misdemeanor, unless enhanced. Only  DWI 3rd (or more) and DWI with Child Passenger are classified as felony offenses. Learn more.

DWI First Offense Consequences

All first-time DWI charges in Texas are Class B misdemeanors, though they can be enhanced by certain factors. DWI first-time offenders face jail time, permanent criminal convictions, thousands of dollars in fines, and driver license suspensions. Here is the full breakdown: 

  • DWI with a BAC below .15 is a Class B Misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense is permanent, and results in a driver license suspension.
  • DWI with a BAC of .15 or higher is a Class A Misdemeanor. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent, and results in a driver license suspension.
  • DWI with an Open Container is a Class A or B misdemeanor, depending on the BAC, falling into the same punishment ranges as set forth above. However, a person convicted of this offense faces a minimum of 6 days in jail because of the Open Container enhancement. Learn more.
  • DWI with a Child Passenger is a State Jail Felony. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months in a State Jail Facility. A conviction for this offense is permanent, and results in a driver license suspension as well other serious, collateral consequences associated with being a convicted felon.

DWI 2nd Offense Consequences

A second DWI offense (DWI-Repeat Offender) is a Class A Misdemeanor. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent, requires a 3-day jail sentence (even if probation is granted), and results in a driver license suspension.

There is no limit to how old a prior conviction may be to be used for enhancement purposes. Out of state convictions may be used as the basis for enhancement.

An ignition interlock device is a requirement of bond for all DWI 2nd charges. This means that as a condition of release from jail, a person must agree to install a deep lung device in all accessible vehicles. 

DWI 3rd Offense Consequences

After two DWI convictions, a third DWI offense (habitual DWI) is a Third Degree Felony. The maximum fine is $10,000.00, and the maximum prison sentence is 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary. A conviction for this offense is permanent, requires a 10-day jail sentence, even if probation is granted, and results in a driver license suspension, as well as other serious, collateral consequences that come with being a convicted felon.

An ignition interlock device is a requirement of bond for all DWI 3rd (or more) charges. This means that as a condition of release from jail, a person must agree to install a deep lung device in all vehicles accessible to them.  

  • Do really old convictions, or convictions that are over 10 years old count? Yes. All prior convictions, no matter how old, may be used as the basis for enhancement.
  • Do convictions from another State count towards felony DWI in Texas? Yes. Out of state convictions may be used as the basis for enhancement.

Additional Texas DWI Consequences

In addition to the penalties and consequences outlined above, DWI can negatively affect a person’s right to concealed carry of a handgun. All Texas residents over 21 years of age are eligible to obtain a License to Carry (LTC), however, criminal charges, like DWI, can impact eligibility. 

In addition to the penalties and consequences outlined above, DWI can negatively affect a person’s right to travel. If placed on probation, travel is often limited to a person’s county of residence. International travel can also be negatively impacted by DWI. For example, Canada does not allow entry for any person convicted of DWI.

In addition to the penalties and consequences outlined above, DWI can negatively affect a person’s ability to obtain a Commercial Driver License. An already licensed Commercial Driver can lose their license due to a DWI charge, and may become ineligible for life after a second DWI conviction. Learn more.  

Texas DUI Consequences

Texas drivers under 21 years of age with any detectable alcohol in their system may be charged with Driving Under the Influence (DUI). At the discretion of the State, a minor may be charged as an adult.

DUI is a Class C Misdemeanor. The maximum fine is $500.00. A conviction for this offense is permanent, results in a driver license suspension, and often includes court-ordered driving safety courses, alcohol and drug awareness courses, as well as community service. Learn more. 

TREY PORTER NAMED BEST LAWYER IN DWI DEFENSE

Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.

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