What are the penalties for a DWI in Texas?

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Charge levels for a first DWI

• Open container: If it is shown on the trial of an offense under Section 49.04 that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
• High BAC (0.15 or more): If it is shown on the trial of an offense under Section 49.04 that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
• School crossing zone: If it is shown on the trial of an offense under Section 49.04 that at the time of the offense the person was operating the motor vehicle in a school crossing zone during the time the reduced speed limit applies to the zone, the offense is a state jail felony.

Child passenger and intoxication assault

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place and the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age, and an offense under this section is a state jail felony.

A person commits an offense if the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another, and except as provided by Section 49.09, an offense under this section is a felony of the third degree.

Intoxication manslaughter

Under Tex. Penal Code § 49.08(a)-(b), a person commits an offense if the person operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride, and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake; except as provided by Section 49.09, an offense under this section is a felony of the second degree.

Repeat offenses

• Second offense: Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.
• Third offense (two prior convictions): Under Tex. Penal Code § 49.09(b), an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, or 49.065 is a third-degree felony if it is shown at trial that the person has previously been convicted one time of an offense under Section 49.08 or a substantially similar out-of-state offense, or two times of another intoxication-related operating offense involving a motor vehicle, aircraft, watercraft, or amusement ride.

How prior convictions are counted:

For the purposes of Section 49.09, a conviction for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08 that occurs on or after September 1, 1994, is a final conviction, whether the sentence for the conviction is imposed or probated.

For purposes of Section 49.09, a person is considered to have been convicted of an offense under Section 49.04 or 49.06 if the person was placed on deferred adjudication community supervision for the offense under Article 42A.102, Code of Criminal Procedure.

Punishment ranges by offense class

Class B misdemeanor: An individual adjudged guilty of a Class B misdemeanor shall be punished by a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days, or both such fine and confinement.

Class A misdemeanor: An individual adjudged guilty of a Class A misdemeanor shall be punished by a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both such fine and confinement.

State jail felony: An individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days, and in addition may be punished by a fine not to exceed $10,000.

Felony of the third degree: An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years, and in addition may be punished by a fine not to exceed $10,000.

Driver's license suspension

Automatic suspension on conviction:

A license is automatically suspended on final conviction of the license holder of an offense under Section 49.04, 49.045, or 49.08, Penal Code, or an offense under Section 49.07, Penal Code, if the holder used a motor vehicle in the commission of the offense, except as provided by Sections 521.344(d)-(i).

Administrative suspension before conviction:

Under Chapter 524, a driver's license suspension takes effect on the 40th day after the person receives a notice of suspension under Section 524.011 or is presumed to have received notice under Section 524.013.

A period of administrative driver's license suspension under Chapter 524 for an adult with no alcohol-related or drug-related enforcement contact in the 10 preceding years is 90 days; for an adult with one or more such contacts in the preceding 10 years, the period is one year.

A request for a hearing on an administrative driver's license suspension must be received by the department not later than the 15th day after the date on which the person receives notice of suspension.

Ignition interlock

Under Tex. Penal Code § 49.09(h), for a second or subsequent offense relating to operating a motor vehicle while intoxicated committed within five years of the date the most recent preceding offense was committed, the court shall order the defendant to have on each motor vehicle owned or operated by the defendant a device that uses a deep-lung breath analysis mechanism to make operation impractical if ethyl alcohol is detected in the operator's breath.

Deferred adjudication

A judge may not grant deferred adjudication community supervision if the defendant is charged with an offense under Section 49.04 or 49.06, Penal Code, and at the time of the offense the defendant held a commercial driver's license or a commercial learner's permit, or the defendant's alcohol concentration was 0.15 or more, or if the defendant is charged with an offense for which punishment may be increased under Section 49.09, Penal Code.

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Last updated October 2026