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Penalties For DWI In Texas

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.

 Penalties for DWI in Texas:

ChargeOffense LevelFineJail TimeLicense SuspensionAnnual Surcharge

DWI First Offense

with BAC < 0.15

Class B MisdemeanorUp to $2,00072 hours to 180 days90 to 365 days$1,000
for 3 years

DWI First Offense

with Open Container Enhancement

Class B MisdemeanorUp to $2,0006 to 180 days90 to 365 days$1,000
for 3 years

DWI First Offense

with BAC > 0.15

Class A MisdemeanorUp to $4,00072 hours to 1 year90 to 365 days$2,000
for 3 years
DWI Second OffenseClass A MisdemeanorUp to $4,00030 to 365 days180 days to 2 years$1,500
for 3 years

DWI with

Child Passenger

under 15 years old

State Jail FelonyUp to $10,0006 months to 2 years in a State Jail Facility  
DWI Third Offense3rd Degree FelonyUp to $10,0002 to 10 years in TDCJ180 days to 2 years$1,500
for 3 years
Intoxication Assault – DWI that Causes Serious Bodily Injury3rd Degree FelonyUp to $10,0002 to 10 years in TDCJ180 days to 2 years$1,000
for 3 years
Intoxication Manslaughter – DWI that Causes Death2nd Degree FelonyUp to $10,0002 to 10 years in TDCJ180 days to 2 years$1,000
for 3 years

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