DWI Penalties in Texas
Know What You’re Facing—Then Fight It
A DWI conviction in Texas comes with harsh penalties—jail time, license suspension, steep fines, and a permanent criminal record. But not every arrest leads to conviction. We help clients across the greater Houston area understand their risks and build the strongest possible defense.
Texas Doesn’t Go Easy on DWI
But We Don’t Go Easy on Texas Either
From your first offense to your third or more, the penalties for DWI only get worse. Every case comes with its own risks—and its own opportunities for dismissal or reduction. Our job is to help you understand what you’re up against and how we can fight back. We’ve handled thousands of DWI cases in Harris County and beyond—and we know how to protect your record.
We know what’s at stake. That’s why we prepare every case for trial, never accept lowball settlements, and go head-to-head with corporations and insurance companies to ensure our clients get the justice and compensation they deserve.
Texas DWI Punishments by Offense
Understanding the Penalties You’re Facing
The penalties for a DWI in Texas increase sharply with each offense—here’s how the law breaks it down.
First DWI (Class B Misdemeanor)
You could face up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension ranging from 90 days to 1 year. If your BAC was 0.15 or higher, the court may require an ignition interlock device.
Second DWI (Class A Misdemeanor)
A second offense carries up to 1 year in jail, fines up to $4,000, and a license suspension between 180 days and 2 years. An ignition interlock device is mandatory for repeat offenders.
Third or Subsequent DWI (Third-Degree Felony)
This is a felony offense, punishable by 2 to 10 years in prison, fines up to $10,000, and a license suspension of 180 days to 2 years. A felony conviction will permanently impact your record and rights.
DWI With Child Passenger (State Jail Felony)
Driving while intoxicated with a child under 15 in the vehicle is a state jail felony. Penalties include 6 months to 2 years in a Texas state jail facility, fines up to $10,000, and possible involvement from Child Protective Services.
Refusal or Failed Test Penalties (ALR Process)
Your license may be suspended even without a conviction. Refusing a breath or blood test can result in up to 180 days’ suspension, while failing a test (BAC ≥ 0.08) triggers a 90-day suspension.
Understanding the Consequences
Texas DWI Penalties at a Glance
Every DWI charge carries serious consequences that can impact your freedom, finances, and future. The chart below outlines the potential penalties based on the type of charge. While these are the statutory ranges, the final outcome depends on your defense—and that’s where we come in.
| Offense | Classification | Possible Jail Time | Driver's License Suspension | Potential Fine |
|---|---|---|---|---|
| First-Time DWI | Class B Misdemeanor | 3 to 180 days | 90 days to 1 year | Maximum $2,000 |
| First DWI with BAC ≥ 0.15 | Class A Misdemeanor | 30 days to 1 year | 180 days to 2 years | Maximum $4,000 |
| Second DWI Offense | Class A Misdemeanor | 30 days to 1 year | 180 days to 2 years | Maximum $4,000 |
| Third or Subsequent DWI | Third-Degree Felony | 2 to 10 years | 180 days to 2 years | Up to $10,000 |
| DWI with Child Passenger | State Jail Felony | 180 days to 2 years | Up to 180 days | Up to $10,000 |
| DWI Resulting in Serious Injury (Intoxication Assault) | Third-Degree Felony | 2 to 10 years | 180 days to 2 years | Up to $10,000 |
| DWI Resulting in Death (Intoxication Manslaughter) | Second-Degree Felony | 2 to 20 years | 180 days to 2 years | Up to $10,000 |
Harris County Courts Move Fast
How DWI Penalties Play Out in Houston
In the greater Houston area, DWI cases are taken seriously from the start. If you’re arrested, your license could be suspended before you even go to court—unless you request an ALR hearing within 15 days. Judges in Harris County often impose ignition interlock, mandatory check-ins, or alcohol monitoring even before trial.
We work across Houston, Katy, Spring, and Pearland to help clients stay out of jail, avoid license suspension, and fight for case dismissal. Whether your arrest happened in the city or a surrounding county, we know how to navigate the court system and keep your life on track.
What You Need to Know Now
DWI Penalty FAQ
Can I avoid jail time for a first DWI?
Yes, in many cases jail time can be avoided. Texas law allows for probation, deferred adjudication, or even full dismissal under the right circumstances. In Harris County, we’ve helped many first-time offenders resolve their cases without spending a single night in jail. It all depends on how fast you act and the strength of your defense.
What is the ALR license suspension process?
The Administrative License Revocation (ALR) process is a civil penalty separate from your criminal case. If you refuse or fail a breath/blood test, your license can be suspended automatically unless you request a hearing within 15 days. We handle these hearings as part of our DWI defense strategy—and often use them to gather evidence early.
Does a high BAC make the penalties worse?
Yes. If your blood alcohol concentration (BAC) was 0.15 or higher, your first DWI may be upgraded from a Class B to a Class A misdemeanor. That means higher fines, mandatory interlock, and potentially more jail time. We often challenge test results directly—equipment errors and improper procedures happen more than most people realize.
Will I need an ignition interlock device?
Possibly. Texas courts often require ignition interlock devices after a second DWI or a first DWI with a high BAC. In Harris County, some judges require it even while you’re out on bond. We can advocate to keep those requirements off your record or negotiate for lighter conditions based on your situation.
Can I lose my job because of DWI penalties?
Unfortunately, yes—especially if your job requires driving, security clearance, or professional licensing. Even a license suspension or probation condition could interfere with your work. That’s why we fight to reduce or dismiss charges and help protect your employment wherever possible.
