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Second DWI in Texas: what the law requires
In short: A second DWI in Texas is a Class A misdemeanor with a minimum term of 30 days in jail and a maximum of one year, plus a fine of up to $4,000 (Penal Code 49.09(a) and 12.21). Deferred adjudication is not available (Code of Criminal Procedure 42A.102), and an ignition interlock is required on bond and as a probation condition.
What makes a DWI a "second" DWI?
Under Penal Code 49.09(a), a DWI becomes a Class A misdemeanor with a 30-day minimum if the State shows at trial that you have been convicted once before of an offense relating to operating a motor vehicle while intoxicated (or a boat, aircraft or amusement ride while intoxicated). The prior has to be a conviction. A prior arrest that was dismissed does not count.
Two prior intoxication convictions make a new DWI a third-degree felony (49.09(b)(2)). See felony DWI in Texas.
What is the punishment range?
| Item | Second DWI | Law |
|---|---|---|
| Level | Class A misdemeanor | Penal Code 49.09(a) |
| Jail | 30 days minimum, up to 1 year | Penal Code 49.09(a), 12.21 |
| Fine | Up to $4,000 | Penal Code 12.21 |
| Jail if placed on probation | At least 72 hours of continuous confinement as a condition | Code of Criminal Procedure 42A.401(a)(1) |
| Deferred adjudication | Not available | Code of Criminal Procedure 42A.102(b)(1)(C) |
Will I need an ignition interlock?
Almost certainly. Code of Criminal Procedure 17.441 says a magistrate shall require an interlock as a bond condition for a person charged with a subsequent DWI, installed within 30 days of release, unless the magistrate finds it is not in the best interest of justice. If you are later placed on community supervision for a DWI punished under 49.09(a), the court must also order an interlock on the vehicle you own or drive most (42A.408(c)(2)).
What happens to my license?
The license case is separate. If you refused a test and have a prior alcohol or drug contact in the last 10 years, the administrative suspension is 2 years; if you failed a test with a prior contact, it is 1 year (Transportation Code 724.035 and 524.022). You have 15 days from the notice to ask for an ALR hearing. An occupational license may be possible.
Can probation still be an option?
Yes. A judge can place a person convicted of a second DWI on community supervision, but the conditions are heavier: at least 72 hours in jail as a condition (42A.401), the interlock, a drug and alcohol evaluation (42A.402) and other terms the court sets. Because deferred adjudication is not available, a plea to a second DWI results in a conviction.
Where can the defense focus?
- Whether the prior conviction is valid, final and properly proven.
- Whether the stop, the arrest and any breath or blood test were lawful.
- Whether a lab result reflects your alcohol concentration at the time of driving.
- Whether a treatment program in your county, such as a DWI court, fits your situation.
For first-offense rules, see first DWI in Texas.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is a second DWI a felony in Texas?
No. A second DWI is a Class A misdemeanor with a 30-day minimum. A third DWI (two prior convictions) is a third-degree felony under Penal Code 49.09(b).
What is the minimum jail for a second DWI in Texas?
Thirty days if jail is imposed as the sentence. If the judge grants probation instead, at least 72 hours of continuous confinement is required as a condition.
Can I get deferred adjudication on a second DWI?
No. Code of Criminal Procedure 42A.102 bars deferred adjudication when punishment may be increased under Penal Code 49.09.
Do I need an interlock for a second DWI?
Generally yes. Bond for a subsequent DWI requires an interlock unless the magistrate finds it is not in the best interest of justice, and probation requires one.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.