Vehicle · DUI penalties
DUI Penalties in Texas
The jail, fines, and license loss for a DUI in Texas by offense, when a DUI becomes a felony, the lookback period that counts your priors, and what raises the penalty. These are the criminal penalties, separate from the DMV license suspension. Cited to the statute.
DUI penalties by offense in Texas
Jail, fine, and license loss for a first, second, and third offense, the felony threshold, and the aggravators that raise the penalty.
Texas DWI penalties, the added state fine on conviction, and the interlock rules are amended often. Confirm the current figures for your offense date before relying on them.
| Penalties by offense | What it means |
|---|---|
| First offense | A first DWI under Penal Code 49.04 is a Class B misdemeanor. It carries 72 hours to 180 days in jail, a fine of up to $2,000 plus an added state fine on conviction, and a license suspension of up to one year. A first offense with a blood alcohol level of 0.15 or higher is a Class A misdemeanor. |
| Second offense | A second DWI under 49.09(a) is a Class A misdemeanor. It carries 30 days to one year in jail, a fine of up to $4,000, and a longer license suspension. |
| Third offense | A third DWI under 49.09(b) is a felony of the third degree, punishable by 2 to 10 years in state prison and a fine of up to $10,000. |
| Felony threshold | A DWI is a felony on a third conviction, on a DWI with a child passenger under 15 (a state jail felony under 49.045), and on intoxication assault or intoxication manslaughter that injures or kills another person. |
| Ignition interlock | Texas requires an ignition interlock as a condition of bond or probation for a second or later DWI and for a first offense with a blood alcohol level of 0.15 or higher. |
| What raises the penalty | What it means |
|---|---|
| High blood alcohol level | A first DWI with a blood alcohol level of 0.15 or higher is bumped up to a Class A misdemeanor, raising the maximum to one year in jail and a $4,000 fine. |
| Child passenger | Driving while intoxicated with a passenger under 15 is DWI with a child passenger under Penal Code 49.045, a state jail felony punishable by 180 days to two years and a fine of up to $10,000. |
| Causing injury | Intoxication assault that causes serious bodily injury is a third-degree felony, and intoxication manslaughter is a second-degree felony carrying 2 to 20 years in prison. |
| Refusing the chemical test | Refusing a breath or blood test triggers an Administrative License Revocation of 180 days on a first refusal, or two years with a prior, decided separately from the criminal case. |
What you can do right now
Concrete, neutral steps if you are facing a DUI in Texas. This is legal information, not legal advice.
- Get a DWI defense lawyer
Texas grades a third DWI as a felony and counts priors with no time limit. A Texas DWI attorney can explain the exposure for your record.
- Track both cases
You face a criminal case in court and an Administrative License Revocation. You generally have only 15 days after arrest to request an ALR hearing.
- Ask about the interlock and the added fine
Ask whether an ignition interlock is required and how the added state fine on a DWI conviction applies to your offense level.
A DUI is a criminal charge with lasting consequences, and deadlines to challenge the license suspension are short. A licensed DUI defense attorney can explain your options; the state bar can refer you to one.
→ State Bar of Texas, Lawyer Referral and Information ServiceThis is general legal information, not legal advice. Penalties turn on your BAC, priors, and the exact charge, and the criminal case is separate from the DMV license case, so confirm your situation against the statute and talk to a lawyer.
What drivers in Texas get wrong about DUI penalties
A first Texas DWI under Penal Code 49.04 is a Class B misdemeanor. It carries 72 hours to 180 days in jail, a fine of up to $2,000 plus an added state fine on conviction, and a license suspension of up to one year. A first offense with a blood alcohol level of 0.15 or higher is bumped to a Class A misdemeanor. Texas has no lookback: a 2005 amendment removed the old time limit, so a prior DWI counts no matter how many years have passed. A second DWI is a Class A misdemeanor carrying 30 days to one year, and a third is a felony of the third degree carrying 2 to 10 years in prison and a fine of up to $10,000. Driving while intoxicated with a child under 15 is a state jail felony even on a first offense. These are the criminal penalties. The Administrative License Revocation runs as a separate civil case.
Common questions
What is the penalty for a first DWI in Texas?
A first DWI is a Class B misdemeanor with 72 hours to 180 days in jail, a fine of up to $2,000 plus an added state fine, and a license suspension of up to one year. A reading of 0.15 or higher makes it a Class A misdemeanor.
When is a DWI a felony in Texas?
A third DWI is a felony of the third degree. A DWI with a child passenger under 15 is a state jail felony, and intoxication assault or manslaughter is a felony as well.
How long does a DWI stay on your record in Texas?
Texas has no lookback, so prior DWI convictions count for enhancement no matter how old they are. A DWI conviction stays on the criminal record permanently unless a court grants relief.
Is the license revocation the same as the court penalty in Texas?
No. The Administrative License Revocation is a separate civil suspension. Request an ALR hearing within 15 days of arrest to contest it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.