Penalties For DWI in Texas

June 26, 2025

Driving while intoxicated (DWI) in Texas comes with serious penalties that can affect your finances, freedom, and future. Here’s a quick breakdown of what you’re up against:

• First Offense: Up to $2,000 in fines, 3–180 days in jail, and up to a 1-year driver’s license suspension.
• Second Offense: Up to $4,000 in fines, 30 days–1 year in jail, and up to a 2-year driver’s license suspension.
• Third Offense: A felony with fines up to $10,000, 2–10 years in prison, and a 2-year driver’s license suspension.

Aggravating Factors

Certain situations, like a BAC of 0.15% or higher or driving with a child passenger, can increase penalties. For example, driving with a child under 15 turns the offense into a state jail felony.

New 2025 Laws

• Ignition Interlock Devices: May now be required for first-time offenders with a BAC of 0.08% or higher.
• Enhanced Penalties: Stricter measures for repeat offenders and high BAC levels.

Long-Term Consequences

• A permanent criminal record can affect employment, housing, and professional licenses.
• Auto insurance rates can increase by 50%–200%, costing thousands over several years.

Quick Tip

If you are facing DWI charges, please take prompt action to safeguard your rights. Request an ALR hearing within 15 days to challenge your license suspension, and consult a skilled DWI attorney immediately.

For a full breakdown of penalties, legal processes, and defense strategies, read on.

Texas DWI Laws Overview

To understand Texas DWI laws, it’s important to learn what the state defines as illegal and how these offenses are categorized. While the legal framework is straightforward, there are details that can heavily influence the outcome of a case. Below, we’ll break down the key definitions and classifications that shape these laws.

DWI Definition and Legal Intoxication Limits

Under Texas Penal Code § 49.04(a), a DWI (Driving While Intoxicated) is defined as operating a vehicle while impaired on Texas roads. Legally, intoxication occurs when:

• A person loses the normal use of mental or physical faculties due to alcohol, controlled substances, drugs, or a combination of these.
• Their blood alcohol concentration (BAC) is 0.08% or higher.

The BAC limits vary depending on the type of driver:

• Standard drivers (21 and older): Charged at 0.08% or higher.
• Commercial drivers: Charged at 0.04% or higher.
• Drivers under 21: Texas enforces a “zero tolerance” policy, meaning any detectable alcohol results in charges.

It’s worth noting that even if a driver’s BAC is below 0.08%, visible signs of impairment can still lead to a DWI charge. On the extreme end, a BAC between 0.3% and 0.4% or higher is often fatal.

DWI Offense Classifications

Texas classifies DWI offenses based on factors like prior convictions, BAC levels, and whether the incident caused injury or death. Penalties escalate from misdemeanors to felonies as circumstances become more severe.

• First-time DWI: Typically a Class B misdemeanor but can be elevated to a Class A misdemeanor if the driver’s BAC is 0.15% or higher.
• Second DWI offense: Classified as a Class A misdemeanor, with harsher penalties if the prior offense occurred within five years.
• Third DWI offense: Becomes a third-degree felony.

Certain situations automatically result in more severe charges:

• DWI with a child passenger under 15: State jail felony, even for first-time offenders.
• Intoxication assault (causing serious bodily injury): Third-degree felony.
• Intoxication manslaughter (causing death): Second-degree felony.

Additionally, Texas differentiates between DWI (adults with a BAC of 0.08% or more) and DUI (minors with any detectable alcohol). Recent updates to these laws have further influenced penalties and prosecution strategies.

Recent Law Changes

Recent legislative changes have intensified penalties for certain DWI offenses. For example, Senate Bill 2320, set to take effect in March 2025, increases consequences for repeat offenders and incidents involving significant harm. Habitual offenders may face mandatory minimum sentences under this new legislation.

Key updates include:

• Ignition interlock devices: Starting in 2025, first-time offenders with a BAC of 0.08% or higher may be required to install these devices.
• Enhanced penalties for high BAC levels: Second offenses with a BAC above 0.15% could lead to stricter penalties, including prolonged ignition interlock requirements.
• Continuous alcohol monitoring: Courts may mandate this during bond or probation periods.

Another notable update is Bentley’s Law, which took effect in September 2023. Under this law, if a drunk driving incident results in the death of a parent, the offender must provide financial support for the victim’s children.

These changes highlight the growing complexity of DWI penalties in Texas. Prosecutors now have more flexibility to pursue charges even in cases where the driver’s BAC is below 0.08%, as long as impairment is evident. This evolving legal landscape points out the importance of having skilled legal representation to navigate these serious charges.

DWI Offense Penalties

In Texas, penalties for Driving While Intoxicated (DWI) offenses can vary widely based on whether it’s your first offense, a repeat violation, or if aggravating factors are involved. Repeat offenses come with harsher consequences, and understanding these penalties is crucial to recognizing the serious nature of such charges and their potential impact on your life. Here’s a breakdown of the penalties by offense type.

First-Time DWI Penalties

A first-time DWI offense in Texas is usually classified as a Class B misdemeanor. The fines can go up to $2,000, and additional surcharges are often required to maintain driving privileges post-conviction. Jail time ranges from a mandatory minimum of 3 days to a maximum of 180 days. 

Beyond that, offenders typically face a driver’s license suspension lasting up to one year and are required to complete a DWI education program. If the offender’s blood alcohol concentration (BAC) is 0.08% or higher, the court may also require the installation of an ignition interlock device on their vehicle.

Repeat DWI Penalties

Penalties increase significantly for repeat offenses. A second DWI offense is treated as a Class A misdemeanor, with fines reaching up to $4,000 and jail time ranging from 30 days to one year. The offender’s license may also be suspended for up to two years.

A third DWI offense is typically classified as a third-degree felony, with fines up to $10,000 and prison time ranging from 2 to 10 years. Texas law also allows for enhanced sentencing for multiple convictions within certain time periods. Repeat offenders are often required to attend more intensive alcohol or drug rehabilitation programs.

Even a first offense can lead to felony charges if aggravating circumstances are present.

Aggravated DWI Penalties

Aggravating factors can significantly increase the severity of penalties. While an aggravated DWI isn’t a separate charge, it refers to circumstances that lead to enhanced penalties. For instance, if a first-time offender has a BAC of 0.15% or higher – almost double the legal limit – the charge is elevated to a Class A misdemeanor, with fines up to $4,000 and up to one year in jail.

If a minor under 15 years old is present in the vehicle, the offense becomes a state jail felony, carrying fines up to $10,000 and jail time ranging from 180 days to 2 years. Multiple offenses combined with aggravating factors can escalate the charge to a third-degree felony, with penalties similar to those for a third DWI offense.

The most severe aggravated DWI cases involve charges like intoxication assault and intoxication manslaughter. Intoxication assault, which occurs when impaired driving causes serious bodily injury, is typically charged as a third-degree felony and comes with prison sentences ranging from 2 to 10 years. Intoxication manslaughter, involving the death of another person due to impaired driving, is treated as a second-degree felony, with prison terms ranging from 2 to 20 years.

While standard DWI charges often result in misdemeanors, the presence of aggravating factors can quickly elevate these to felonies, carrying much harsher penalties and long-term consequences. If you’re facing an aggravated DWI charge, the stakes are high, making it critical to seek immediate legal representation to protect your rights.

Additional Legal Consequences

A DWI conviction in Texas comes with more than just fines, jail time, and license suspension. It brings a host of additional legal and financial challenges that can linger long after your court date. These added requirements are intended to address underlying issues and promote public safety, but they also come with hefty costs and significant time commitments.

Mandatory Alcohol Education and Treatment

If you’re convicted of a DWI in Texas, the court will likely require you to complete alcohol education or treatment programs as part of your sentence. These programs are designed to reduce the risk of repeat offenses and encourage personal recovery. The specifics of the program depend on your case, criminal history, and the court’s evaluation of your needs.

For first-time offenders, the court typically mandates a 12-hour DWI Education Program through a Texas Department of Licensing and Regulation (TDLR)-approved provider, which must be completed before your license can be reinstated. Repeat offenders often face stricter requirements, such as a 32-hour DWI intervention program that explores deeper behavioral and psychological factors tied to impaired driving.

In cases where substance abuse is suspected, courts may also require a detailed substance abuse evaluation and treatment. This process involves assessment, education, intervention, treatment, and follow-up to determine the extent of dependency and recommend suitable treatment options. While these programs aim to address serious issues, they add to the financial and time burdens of a DWI conviction.

The cost of these programs is entirely the offender’s responsibility, with fees varying based on the type of program. Studies show that completing such programs significantly reduces the likelihood of reoffending, making them an important, albeit costly, part of the recovery process.

Ignition Interlock Device Requirements

For some DWI offenders, Texas law mandates the installation of an ignition interlock device (IID) in their vehicle. This device, similar to a breathalyzer, prevents the car from starting if alcohol is detected in your system. Typically, IID requirements apply to repeat offenders or first-time offenders with a blood alcohol concentration (BAC) of 0.15% or higher.

Here’s how it works: before starting your car, you must blow into the device. If your BAC is above 0.02%, the vehicle won’t start. Repeated failures can lead to a lockout, requiring professional intervention to reset the system. Additionally, IID data – such as failed tests and tampering attempts – is reported to authorities, and any violations can result in license suspension, extended IID use, or other penalties.

The financial commitment for an IID is substantial. Installation fees range from $70 to $150, while monthly rental costs fall between $50 and $140. Maintenance fees can add another $25 to $100 per month, and lockout fees range from $50 to $150. For example, Intoxalock offers devices for about $2.50 to $3.50 per day, and Smart Start charges monthly leases starting at $89.99. Financial assistance may be available for those who qualify, but it’s not guaranteed.

Despite the inconvenience and expense, an IID can provide a path to regain driving privileges, particularly when used alongside an Occupational Driver’s License. Staying compliant with IID requirements is critical to avoiding further penalties and potentially restoring full driving rights sooner.

State Surcharges and Fees

Texas also imposes civil fees that add to the financial burden of a DWI conviction. These fees replaced the old Driver Responsibility Program (DRP) surcharges after new legislation was enacted on September 1, 2019.

The current fee structure is based on the nature of the offense and BAC level:

On top of these fees, offenders face costs for license reinstatement, which typically range from $100 to $125. Additionally, many are required to obtain SR-22 insurance – a high-risk policy that can increase annual premiums by $1,000 to $3,000. This requirement usually remains in place for at least two years after a conviction.

Unlike the previous DRP surcharges, non-payment of these civil fees does not result in license suspension. However, they remain a legal obligation, and the combined financial impact of criminal fines, civil fees, treatment programs, and higher insurance premiums can easily climb into the tens of thousands of dollars over time.

Long-Term Effects of a DWI Conviction

In Texas, the consequences of a DWI conviction don’t stop at fines or jail time. The long-term repercussions can follow you for years, impacting your career, housing opportunities, and even your ability to travel. Unlike some states where convictions eventually disappear from your record, in Texas, a DWI stays on your driving history permanently. It’s essential to understand these lasting effects if you’re facing DWI charges.

Employment and Housing Challenges

A DWI conviction can create significant obstacles in your professional life. Since it remains on your record indefinitely, it can jeopardize job opportunities and professional licenses, especially in fields like transportation, healthcare, and government. Under Texas Occupational Code § 53.021, licensing boards are allowed to investigate and take action against individuals with criminal convictions. 

When applying for jobs, it’s critical to be upfront about your DWI conviction. Attempting to hide it could lead to disqualification. However, presenting evidence of rehabilitation – such as completion of alcohol education programs or counseling – can demonstrate personal growth and responsibility.

Housing can also become more difficult. Many landlords conduct background checks and may hesitate to rent to someone with a criminal record, particularly in communities with strict standards or for properties requiring driving. These challenges are compounded by the financial strain of increased auto insurance premiums.

Auto Insurance Rate Increases

A DWI conviction in Texas often leads to a sharp rise in auto insurance premiums. Insurers classify individuals with a DWI as high-risk drivers, which can result in rate hikes.

In some cases, insurers may cancel policies or refuse to renew them, forcing drivers into high-risk insurance markets that come with even higher premiums.

The financial impact of a DWI conviction on insurance can last three to five years, depending on the insurer and policy terms. Some companies extend rate hikes for up to a decade, particularly for repeat offenses. Even after rates begin to decrease, drivers with a DWI on their record may face limited coverage options, stricter terms, and higher deductibles.

To reduce the financial burden, consider shopping around for insurance quotes, including from smaller regional providers. Programs that monitor driving behavior and reward safe habits can also help lower rates. Additionally, bundling auto insurance with home or renters insurance may qualify you for discounts. Defensive driving courses might offer further savings with certain insurers.

Professional Licensing and Travel Limitations

Beyond financial penalties, a DWI conviction can restrict professional and personal mobility. Licensed professionals should consult legal experts to understand potential disciplinary actions.

Traveling internationally also becomes more complicated. Some countries deny entry to individuals with criminal records, including DWIs or DUIs. For example, Canada has strict entry restrictions for those with DUI convictions. Other nations, like Australia, Japan, and the UAE, also have stringent rules, while places like the European Union, the United Kingdom, and Thailand are generally more lenient. The severity and recency of the conviction often influence these restrictions.

Even domestic travel can be affected. Suspended licenses or probation conditions might require court approval for trips outside your county or state, complicating family visits or business travel. When planning international travel, it’s essential to research each country’s entry requirements. Be honest about your criminal record on visa applications, as misrepresentation could lead to permanent travel bans. If denied entry, you can request an explanation and explore options like applying for a waiver or special permit.

Texas prohibits the expungement of DWI convictions, even though it might be beneficial in other states. However, you may be able to seal your record with an Order of Non-Disclosure, which limits access during most background checks. Keep in mind, sealed records might still be visible to immigration authorities, so travel restrictions could persist.

The effects of a DWI conviction extend far beyond the courtroom, creating challenges that can last for years. Taking these charges seriously and seeking experienced legal representation is critical to minimizing both the immediate and long-term consequences.

Handling DWI Charges in Texas

Dealing with DWI charges in Texas can be intimidating, especially given the tough penalties that come with a conviction. However, understanding the legal process and securing skilled legal representation can make a significant difference in how your case unfolds. Texas courts take DWI cases very seriously, so addressing the situation promptly and strategically is key.

Understanding the Legal Process

In Texas, DWI cases involve two separate proceedings: a civil process called Administrative License Revocation (ALR) and a criminal case that runs concurrently. After an arrest, the process typically includes booking, bail, an ALR hearing (within 15 days), arraignment, pre-trial motions, possible plea negotiations, and—if necessary—a trial and sentencing. It’s crucial to exercise your right to remain silent and get legal counsel immediately.

One of the first steps is to request an ALR hearing to challenge the suspension of your driver’s license. Missing this 15-day deadline results in automatic suspension. If you fail a breath or blood test, your license could be suspended for 90 days for a first offense. Refusing the test carries a harsher penalty—a 180-day suspension [60, 62].

At arraignment, you’ll be formally charged and asked to enter a plea. Pleading not guilty is often advised to allow time for investigation and defense preparation. During the pre-trial phase, your attorney may file motions to exclude improperly obtained evidence. They might question the legality of the traffic stop, the administration of sobriety tests, or the reliability of breathalyzer results. Many cases are resolved at this stage through plea deals or diversion programs, which can include requirements like alcohol education or community service to avoid a conviction.

If no agreement is reached, the case moves to trial. The timeline for a DWI case can vary depending on its complexity and the court’s schedule, but having an experienced attorney by your side can help protect your rights throughout the process.

The Role of Legal Representation

When facing the potential consequences of a DWI—fines, jail time, a criminal record, and loss of driving privileges—having a knowledgeable attorney is essential. A skilled DWI lawyer can develop a defense strategy tailored to your situation, often finding weaknesses in the prosecution’s case. For instance, evidence from improperly administered tests may be excluded.

A good attorney can also negotiate with prosecutors to reduce charges or secure a plea deal that minimizes the long-term impact of a conviction. They’ll ensure your constitutional rights are upheld by challenging any evidence obtained through improper means.

When selecting an attorney, look for someone with extensive experience in DWI cases, clear communication skills, and a commitment to protecting your rights. Having the right legal representation can significantly impact the outcome of your case.

How The Napier Law Firm Can Help

Given the serious nature of DWI charges in Texas, having dedicated legal support is more important than ever. The Napier Law Firm offers full-service representation for individuals facing DWI charges and other criminal matters. With 24/7 availability and free consultations, they ensure you receive timely, personalized guidance when you need it most.

Experienced Leadership
George Napier, the firm’s founder, brings a unique perspective to DWI defense thanks to his background in law enforcement. His experience allows the firm to anticipate prosecution strategies and build a defense tailored to your case.

Comprehensive Defense Services
From the moment you’re stopped for a DWI, The Napier Law Firm is there to support you. They’ll explain your rights, challenge the legality of the traffic stop, review the administration of sobriety tests, and examine the accuracy of breathalyzer or blood test results. If you’re pulled over, they recommend staying polite and requesting immediate consultation with a defense attorney to ensure you have experienced support from the start.

Client-Focused Approach
The firm is committed to providing personalized attention and vigorous advocacy in court. Their clients often highlight their professionalism and dedication. Reyna, a past client, shared:

Acting Quickly
Timing is critical in a DWI case. Acting fast ensures that important deadlines are met and evidence is preserved. The Napier Law Firm works diligently to address both the civil and criminal aspects of your case, protecting your rights and your future every step of the way.

FAQs

What should I do right away if I’m charged with a DWI in Texas?

If you’re facing a DWI charge in Texas, the first thing you need to do is stay calm and remember your right to remain silent. It’s crucial not to answer any questions from law enforcement without first speaking to an attorney. Anything you say could be used against you, so politely let the officer know you want to consult your lawyer before continuing the conversation.

Your next step should be to contact a skilled DWI defense attorney as quickly as possible. They can explain the charges, safeguard your rights, and work with you to develop a legal strategy that fits your situation. 

It’s also a good idea to jot down everything you can recall about the incident – details like the timeline, your interactions with the police, and any field sobriety or breathalyzer tests you underwent. Be cautious about who you discuss your case with; limit those conversations to your attorney to avoid jeopardizing your defense.

Acting quickly and following these steps can help you better protect your rights and navigate the legal process with greater confidence. 

What changes do the 2025 laws bring for first-time DWI offenders in Texas, especially regarding ignition interlock devices?

Starting in 2025, Texas is introducing tougher measures for first-time DWI offenders. One major update is the requirement to install an ignition interlock device (IID) if your blood alcohol concentration (BAC) is 0.08% or higher. Previously, this penalty was only mandatory for cases where the BAC reached 0.15% or higher.

Another key change is the option for deferred adjudication in certain cases. This change gives some first-time offenders the chance to avoid a formal conviction, provided they meet specific conditions laid out by the court.

These changes highlight Texas’s focus on improving road safety and cutting down on repeat offenses. If you’re dealing with DWI charges, understanding these new rules could be crucial for navigating your case. 

How does a DWI conviction in Texas affect employment and travel opportunities?

A DWI conviction in Texas can leave a lasting impact, especially when it comes to employment and travel. On the job front, having a conviction on your record can show up during background checks, potentially making it tougher to land a position—particularly in industries where driving, security clearance, or high levels of trust are essential. In some cases, employers might even let go of current employees if a DWI appears on their record.

Traveling with a DWI conviction also comes with its own set of hurdles. Courts may restrict out-of-state travel during probation, and international trips can become tricky. Some countries, like Canada, often deny entry to individuals with criminal records, including DWIs, unless additional steps are taken to address the issue. These challenges underline how crucial it is to fully understand the legal and personal ramifications of a DWI conviction in Texas.