How Much is Bail for a DWI in Texas?

June 26, 2025

Bail for a DWI in Texas varies widely depending on the offense and circumstances:

• First-time DWI: $500–$2,500 (average $2,819)
• Second-time DWI: $2,500–$5,000
• Felony DWI (third-time or serious cases): $5,000–$15,000 (average $23,087)
• DWI with a child passenger: $10,000+
• DWI causing injury or death: $20,000–$100,000

Key Factors That Affect Bail:

• Criminal history: Repeat offenders face higher bail.
• Severity of the incident: High BAC, accidents, injuries, or fatalities increase bail.
• Judge’s discretion: Community ties, flight risk, and court schedules also play a role.

How to Pay or Lower Bail:

1. Pay cash: Full amount upfront (refundable if court dates are met).
2. Use a bail bondsman: Pay 10–20% of bail as a non-refundable fee.
3. Request a reduction: File a motion if the amount is unaffordable.

Bail ensures you’re released while awaiting trial, but failing to appear in court can lead to forfeiture of the amount and further legal issues. Hiring an experienced attorney can help manage bail and navigate the legal process effectively.

Standard Bail Amounts for DWI Charges in Texas

Now that we’ve covered the basics, let’s dive into the typical bail ranges for various DWI charges in Texas. Bail amounts can vary based on your prior offenses and the specifics of your case. While Texas courts consider several factors when determining bail, there are some general ranges that apply across the state.

First-Time DWI

If it’s your first DWI offense in Texas, you can expect bail to generally be between $500 and $2,500. However, in practice, bail amounts often lean toward the higher end of this range. 

Judges have the discretion to adjust bail depending on the details of the case. For instance, a high blood alcohol concentration (BAC) can lead to a higher bail amount.

Second-Time DWI

A second DWI offense comes with larger bail amounts, usually ranging from $2,500 to $5,000. This increase reflects the court’s concern over the risks associated with repeat offenders, including the likelihood of failing to appear in court.

The jump from first to second offense bail amounts is notable—you could face double the minimum bail compared to a first-time charge. While the exact amount varies depending on the jurisdiction, second-time offenders across Texas often face bail set at several thousand dollars.

Felony DWI and Serious Cases

For felony DWI charges, the bail amounts soar significantly, often starting at $10,000 and increasing depending on the severity of the case. These cases include third-time offenses, aggravating circumstances, or situations involving injuries or fatalities.

These figures reflect the bail amount required for release and offer a sense of the financial burden tied to a DWI charge. While these ranges provide a helpful guide, remember that individual circumstances heavily influence the final bail amount. Up next, we’ll explore the key factors that determine where your bail might fall within these ranges.

What Affects Your Bail Amount

When a judge determines your bail for a DWI charge in Texas, they don’t just pick a number out of thin air. There’s a method to the process, and judges rely on several key factors to decide whether your bail will be on the low or high end of the spectrum—or somewhere in between.

Understanding these factors can give you a clearer picture of what to expect and how the legal system evaluates your case. Let’s dive into the main elements that influence your bail amount.

Past Criminal Record

Your criminal history plays a major role in determining bail. If you’ve been convicted of DWI or other offenses before, you’re likely to face a higher bail compared to someone with a clean record.

Repeat offenders often see stricter bail conditions or higher amounts. On the other hand, first-time offenders may be treated more leniently. In some situations, they might even be released on their own recognizance, which means no bail payment is required.

If you’re already on probation or parole, the scrutiny intensifies. Judges might set a higher bail or even deny it altogether. A history of skipping court appearances also works against you, as it suggests you might not show up for future hearings.

In summary, while first-time offenders may have an advantage, those with prior convictions or ongoing legal issues should anticipate more stringent bail terms.

How Serious the Offense Is

The details of your DWI arrest significantly impact your bail. Certain aggravating factors can push your bail well above the usual range.

For instance, a blood alcohol concentration (BAC) far above the legal limit indicates more dangerous behavior and often results in higher bail. Accidents and injuries provide an additional layer of complexity. If your DWI led to a crash, caused injuries, or even resulted in a fatality, bail amounts can skyrocket. Cases involving charges like intoxication assault or intoxication manslaughter often come with bail ranging from $20,000 to $100,000.

Another aggravating factor is having a child under 15 in the car. In Texas, this automatically turns your DWI into a felony, with bail starting at $10,000 or more. Judges also weigh the potential risk you pose to public safety. Reckless or dangerous behavior during the incident can lead to higher bail amounts.

Court and Judge Decisions

The courtroom itself plays a role in shaping your bail. Courts often follow bond schedules that outline suggested bail amounts based on the type of offense. However, these are just guidelines. Judges have the authority to adjust bail amounts depending on the specifics of your case.

Judges consider several additional factors when making their decisions:

• Likelihood of fleeing: If you have strong community ties, steady employment, or family responsibilities, you might receive a lower bail.
• Current bail status: If you were already out on bail for another charge, this could be seen as poor judgment, leading to higher bail or stricter conditions.
• Probation status: Being on probation for another crime signals a higher risk to the court, often resulting in increased bail.

Ultimately, your final bail amount reflects a combination of these factors. A first-time offender with no prior record and strong community ties may see bail set at the lower end of the spectrum. Meanwhile, someone with a history of convictions or a case involving an accident could face a much higher amount.

Ways to Pay or Lower Your Bail

Once the court sets bail, you have several options to secure your release. Understanding your options can help you manage both the financial and legal aspects of your situation.

Paying Cash Bail

Cash bail requires paying the full bail amount upfront to secure your release from jail. To do this, you’ll need a state-issued ID, and you can make the payment using cash, a cashier’s check, or a money order payable to the appropriate authority. In some areas, debit or credit cards are also accepted through a third-party service, though this method often comes with extra fees.

One benefit of paying cash bail is that you can get your money back at the end of your case, as long as you attend all scheduled court dates. However, court fees may be deducted from the refund. If you miss a court appearance, you forfeit the bail amount entirely. If paying the full amount isn’t possible, there are alternative options.

Using a Bail Bondsman

If paying the full bail amount isn’t within your reach, a bail bondsman can help. They provide a surety bond to the court, guaranteeing your appearance at future court dates. For this service, bondsmen typically charge a non-refundable fee of 10–20% of the total bail. For instance, if your bail is $5,000, you’d pay around $500 to the bondsman. To secure the bond, they might occasionally also need collateral, like a vehicle or real estate.

Bail bondsmen operate under regulations like those found in the Texas Occupations Code Chapter 1704. If you fail to appear in court, the bondsman risks losing the bail money and may take steps – like hiring a bounty hunter – to locate you.

Asking for Lower Bail

If your bail amount is too high, you can request a reduction by filing a motion for bond reduction with the court.

To begin, you’ll need to complete an Affidavit of Indigency, which declares your inability to pay the current bail amount. During the hearing, it’s critical to show that the bail set is excessive and that a reduction is reasonable. Simply stating you can’t afford it won’t be enough. The judge will weigh the evidence, including arguments from the prosecution, before making a decision.

Judges consider several factors when deciding on bail reductions, including your financial situation, ties to the community, the severity of the charges, your criminal record, risk of flight, and public safety concerns. To strengthen your case, present evidence such as proof of steady employment, family obligations, long-term residency, and financial documents like pay stubs or bank statements. Letters of support from employers or community leaders can also be helpful. Showing that you’ve made efforts to meet the current bail amount may demonstrate good faith.

Offering to comply with additional conditions—like wearing an electronic monitor, regular check-ins with court officials, house arrest, or surrendering your passport—may also improve your chances of securing a bail reduction. Working with an experienced attorney can make the process smoother and help you build a stronger case.

Getting Legal Help After a DWI Arrest

Being charged with a DWI in Texas can feel overwhelming. The penalties are tough, and understanding their potential impact makes it clear why having skilled legal support is so important.

Considering the complexities of DWI laws and the high bail amounts often involved, timely legal representation is essential. The Napier Law Firm focuses on DWI defense in Harris County and nearby Texas communities. They offer free consultations. During your consultation, their attorneys will review your case, identify any errors, and provide strategic advice for your defense. 

When facing a DWI charge, you don’t have to go through it alone. Professional legal assistance can significantly impact the outcome of your case, enabling you to move forward.

FAQs

What can I do if I can’t afford the bail for my DWI charge in Texas?

If you can’t afford the bail set for your DWI charge in Texas, there are a few paths you can take. One option is to ask the court for a bail reduction. To achieve this, you’ll need to explain your financial situation and provide evidence that supports your request. Another route is to work with a bail bond company. These companies can post your bail for a non-refundable fee, which is usually about 10% of the total bail amount.

If neither of these options works, you might have to stay in custody until your case is resolved. That said, it’s crucial to speak with an attorney. They can help you explore every possible option and ensure your rights are protected throughout the process.

How does having a child in the car during a DWI arrest impact bail and charges in Texas?

If you’re arrested for a DWI in Texas while a child is in the car, the legal consequences become much more severe. This kind of offense is usually classified as a felony, with bail amounts typically starting at around $10,000. However, the final bail amount can climb higher depending on factors like your prior record or the details of the arrest.

On top of that, having a child passenger often results in child endangerment charges. These charges carry harsh penalties, including fines that can reach up to $10,000 and longer jail sentences. Texas takes a firm approach to these cases, emphasizing the importance of protecting children and maintaining public safety.

How does a judge decide the bail amount for a DWI in Texas?

In Texas, judges have a lot of leeway when it comes to setting bail for a DWI charge. They weigh several factors, such as your criminal record, the seriousness of the offense, and whether you present a risk to public safety. For instance, someone facing their first DWI charge might see a lower bail amount, whereas repeat offenses or cases involving injuries could lead to higher bail.

Judges might also consider local court norms and any personal details that work in your favor, like strong community ties or steady employment. The main goal is to make sure you show up for court while also addressing any concerns about public safety.