Texas DWI Penalties & Sentencing
Understand the penalties you're facing for a DWI conviction in Texas, including jail time, fines, and license suspension for each offense level.
These Penalties Can Be Reduced or Avoided
An experienced DWI attorney can often negotiate reduced charges, alternative sentencing, or even case dismissal. The penalties listed below are maximums—not guarantees. Early legal intervention is critical.
Texas DWI Penalty Matrix
| Offense Level | Jail Time | Fines | License |
|---|---|---|---|
1st Offense Misdemeanor | 180 days jail | $2,000 | 90-day license suspension |
2nd Offense Within 10 years | 30 days to 1 year jail | $4,000 | 180-day license suspension |
3rd+ Offense Third offense or DWI with child passenger | 2 - 10 years prison | Up to $10,000 | 2 years - permanent |
Note: These are general guidelines. Actual penalties vary based on BAC level, prior record, aggravating factors, and whether you caused an accident or injury. A judge has discretion within these ranges.
Aggravating Factors = Enhanced Penalties
High BAC (0.15+)
BAC at or above 0.15% results in enhanced penalties:
- •Longer mandatory minimum jail time
- •Higher fines
- •Mandatory ignition interlock installation
- •Extended probation period
Child Passenger
DWI with a child (under 15-18 depending on state law) in the vehicle:
- •Separate criminal charge (child endangerment)
- •Felony charges possible even on first offense
- •CPS/DCFS investigation likely
- •Additional jail time and fines
Accident with Injury
DWI causing bodily injury or death:
- •Automatic felony charge (injury DWI)
- •2-20 years prison for serious injury
- •Vehicular manslaughter if death occurs
- •Civil lawsuits for damages
Refusal to Test
Refusing chemical testing under implied consent law:
- •Automatic license suspension (often 1 year+)
- •Can be used as evidence of guilt
- •May not qualify for restricted license
- •Enhanced penalties if convicted
Hidden Costs & Collateral Consequences
Beyond jail, fines, and license suspension, a DWI conviction can cost you tens of thousands of dollars and affect your life for years:
Financial Impact
- • SR-22/FR-44 high-risk insurance ($3,000-5,000/year)
- • Ignition interlock device ($1,200-2,500/year)
- • License reinstatement fees ($200-500)
- • Alcohol education/treatment programs ($500-2,000)
- • Court costs and probation fees ($1,000+)
- • Towing and impound fees ($200-1,000)
- • Attorney fees (if you hire one)
Total Cost: $10,000 - $25,000+ over 3-5 years
Life Impact
- • Employment: Background checks, job loss, CDL revocation
- • Professional licenses: Nurses, teachers, pilots at risk
- • Housing: Rental applications often deny felonies
- • Education: Scholarship loss, federal aid restrictions
- • Immigration: Deportation risk for non-citizens
- • Military: Discharge or security clearance loss
- • Travel: Canada and other countries may deny entry
- • Custody: Family court considers DWI convictions
Fight to Reduce or Avoid These Penalties
The penalties listed above are not mandatory. An experienced DWI attorney can often negotiate plea bargains, alternative sentencing, reduced charges, or even case dismissal.