Texas · DWI · Checked October 2026

Texas DWI Penalties: First, Second and Third Offense

Texas DWI Penalties: What Are the Rules?

Texas sets DWI penalties by offense, and they rise with each conviction.

First offense jail
72 hours (3 days) to 180 days
First offense fine
Up to $2,000
First offense license
90 days to 1 year (court-set, on conviction)
Felony
A DWI is a third-degree felony if you have two previous convictions for intoxicated operation (motor vehicle, aircraft, watercraft or amusement ride), or one previous intoxication manslaughter conviction, with no time limit on the priors. DWI with a passenger under 15, DWI in an active school crossing zone, intoxication assault and intoxication manslaughter are felonies on their own

Texas DWI Penalties by Offense

DWI penalties in Texas
PenaltyFirst offenseSecond offenseThird offense
ChargeClass B misdemeanorClass A misdemeanorThird-degree felony
Jail72 hours (3 days) to 180 days30 days to 1 year2 to 10 years in prison
Fineup to $2,000up to $4,000up to $10,000
License suspension90 days to 1 year (court-set, on conviction)180 days to 2 years; 1 to 2 years if the offense was committed within five years of the previous offense180 days to 2 years; 1 to 2 years if the offense was committed within five years of the previous offense
Ignition interlockRequired as a condition of community supervision if BAC was 0.15 or more; required on deferred adjudication for DWI unless the judge waives it after an alcohol evaluation; required for drivers under 21 placed on community supervision; the court may order it in other cases.Required as a condition of community supervision. If the offense was committed within five years of the previous one, the court must order an interlock on every vehicle you own or operate until one year after the license suspension ends.Required as a condition of community supervision; the five-year interlock order under Penal Code § 49.09(h) also applies when the offense was within five years of the previous one.

Other First Offense Penalties in Texas

  • Separate state traffic fine on final conviction: $3,000 for the first conviction within a 36-month period, or $6,000 if BAC was 0.15 or more (waived if the court finds you indigent).
  • Open container of alcohol in your immediate possession raises the minimum jail term to six days.

Official source: other first offense penalties (Texas)

Other Second Offense Penalties in Texas

  • Separate state traffic fine on final conviction: $4,500 for a second or subsequent conviction within a 36-month period, or $6,000 if BAC was 0.15 or more (waived if the court finds you indigent).

Official source: other second offense penalties (Texas)

Other Third Offense Penalties in Texas

  • Separate state traffic fine on final conviction: $4,500 for a second or subsequent conviction within a 36-month period, or $6,000 if BAC was 0.15 or more.

Official source: other third offense penalties (Texas)

When Penalties Are Higher in Texas

  • Open container of alcohol in the driver's immediate possession: Still a Class B misdemeanor, but the minimum jail term rises from 72 hours to six days.
  • BAC 0.15 or higher: A first offense becomes a Class A misdemeanor (up to 1 year in jail and a $4,000 fine), an interlock is required as a condition of community supervision, and the state traffic fine is $6,000.
  • Passenger younger than 15: DWI with child passenger is a state jail felony: 180 days to 2 years in a state jail and a fine up to $10,000.
  • Driving in a school crossing zone while the reduced school speed limit applies: The DWI is a state jail felony: 180 days to 2 years in a state jail and a fine up to $10,000.
  • Causing serious bodily injury to another (intoxication assault): Third-degree felony (2 to 10 years); second-degree if the injury is a traumatic brain injury resulting in a persistent vegetative state or the victim is a firefighter or EMS worker on duty; first-degree if the victim is a peace officer or judge on duty.
  • Causing a death (intoxication manslaughter): Second-degree felony; first-degree if the victim was an on-duty peace officer, judge, firefighter or EMS worker, or in other cases listed in § 49.09(b-2).

Official source: when penalties are higher (Texas)

When a DWI Is a Felony in Texas

A DWI is a third-degree felony if you have two previous convictions for intoxicated operation (motor vehicle, aircraft, watercraft or amusement ride), or one previous intoxication manslaughter conviction, with no time limit on the priors. DWI with a passenger under 15, DWI in an active school crossing zone, intoxication assault and intoxication manslaughter are felonies on their own.Tex. Penal Code §§ 49.09(b), 49.045, 49.04(e), 49.07, 49.08

Official source: when a dwi is a felony (Texas)

How Far Back Prior Offenses Count in Texas

Texas sets no time limit on prior convictions used to enhance a DWI to a Class A misdemeanor or a felony (the former 10-year rule in § 49.09(e) was repealed in 2005). Shorter windows apply only to specific consequences: five years for the mandatory interlock and longer license suspension, 36 months for the higher state traffic fine, and 10 years of enforcement contacts for the longer administrative suspension.Tex. Penal Code § 49.09(a), (b), (e), (h); Tex. Transp. Code §§ 709.001, 524.022

Official source: how far back prior offenses count (Texas)

More on DWI Law in Texas

See the full overview of DWI laws in Texas and read about first-offense DUI penalties across the states.

This page summarizes Texas law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Texas can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in Texas?

Jail: 72 hours (3 days) to 180 days. Fine: up to $2,000. License suspension: 90 days to 1 year (court-set, on conviction).

What Is the Penalty for a Second DWI in Texas?

Jail: 30 days to 1 year. Fine: up to $4,000. License suspension: 180 days to 2 years; 1 to 2 years if the offense was committed within five years of the previous offense.

When Is a DWI a Felony in Texas?

A DWI is a third-degree felony if you have two previous convictions for intoxicated operation (motor vehicle, aircraft, watercraft or amusement ride), or one previous intoxication manslaughter conviction, with no time limit on the priors. DWI with a passenger under 15, DWI in an active school crossing zone, intoxication assault and intoxication manslaughter are felonies on their own.

Sources

  1. Penalties: Tex. Penal Code §§ 49.04(b), 12.22; Tex. Transp. Code §§ 521.344(a)(2)(A), 709.001; Tex. Code Crim. Proc. art. 42A.408

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