What are the penalties for DWI in Texas?

Penalties for DWI in Texas vary based on number of offenses and type of offense.  This table contains general guidelines.

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 Penalties for DWI in Texas:

Charge Offense Level Fine Jail Time License Suspension Annual Surcharge

DWI First Offense

with BAC < 0.15

 Class B Misdemeanor Up to $2,000 72 hours to 180 days 90 to 365 days $1,000
for 3 years

DWI First Offense

with Open Container Enhancement

 Class B Misdemeanor Up to $2,000 6 to 180 days 90 to 365 days $1,000
for 3 years

DWI First Offense

with BAC > 0.15

 Class A Misdemeanor Up to $4,000 72 hours to 1 year 90 to 365 days $2,000
for 3 years
DWI Second Offense Class A Misdemeanor Up to $4,000 30 to 365 days 180 days to 2 years $1,500
for 3 years

DWI with

Child Passenger

under 15 years old

 State Jail Felony Up to $10,000 6 months to 2 years in a State Jail Facility
DWI Third Offense 3rd Degree Felony Up to $10,000 2 to 10 years in TDCJ 180 days to 2 years $1,500
for 3 years
Intoxication Assault – DWI that Causes Serious Bodily Injury 3rd Degree Felony Up to $10,000 2 to 10 years in TDCJ 180 days to 2 years $1,000
for 3 years
Intoxication Manslaughter – DWI that Causes Death 2nd Degree Felony Up to $10,000 2 to 10 years in TDCJ 180 days to 2 years $1,000
for 3 years

 

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