DUI Information

Penalties


Texas DWI Penalties


Penalties for Texas DWI are as follows:

  • First offense: a first-offense is a Class B misdemeanor.
    a. Fine – Less than $2,000.00 and/or
    b. Jail Time – 3 days to 180 days.
    c. License Suspension – 90 to 365 days.
  • Second offense: This is a Class A misdemeanor.
    a. Fine – Not more than $4,000.00 and/or
    b. Jail Time – 30 days to one year.
    c. License suspension – 180 days to 2 years.
  • Third offense: This is a 3rd Degree Felony.
    a. Fine – Up to $10,000.00 and/or
    b. Jail time – 2 to 10 years.
    c. License Suspension – 180 days up to 2 year.
  • Texas DWI with an open alcohol container (first offense)
    a. Jail time – Minimum 6 days in jail along with a penalty as in First offense.
    b. Fine – no more than 2,000.00.
  • Intoxication Assault - a 3rd degree felony.
    Texas DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication.
    a. Fine – Up to $10000.
    b. Jail Time – 2 to 10 years.
  • Intoxication manslaughter - 2nd degree felony.
    Texas DWI where a death has occurred as a proximate cause of the intoxication.
    a. Fine – Maximum of $10,000.
    b. Jail time – 2 to 20 years.
  • A prior Texas DWI conviction and a present drag racing charge: drag racing is a Class B Misdemeanor, however, it becomes a Class A Misdemeanor where the person had a prior drag racing conviction, a Texas DWI conviction, or had an open alcohol container while they were driving.
  • Texas DWI with a child passenger: A person is convicted with this felony if he/she drives while intoxicated and there is a person who is under 15 years of age.
    a. Fine – Not more than $10,000.
    b. Jail time – 2 years to 180 days.