Texas DWI Penalties


In Texas, it is illegal to drive while under the influence of alcohol and/or drugs. There are many penalties that come along with a DWI (driving while intoxicated) conviction.

The Texas Legislature has two definitions for intoxication. The first is that a driver is intoxicated if he or she has a below normal use of physical or mental faculties because of alcohol, drug, or controlled substance use. The second definition says that a driver is intoxicated if he or she has a blood alcohol content (BAC) of .08 percent or higher.

For a first-time DWI offense, the driver faces fines of up to $2,000 (plus surcharges and administration fees), jail time ranging from 72 hours to 180 days, and a driver’s license suspension for 90 days to 1 year. A conditional license may be granted, but the driver must take part in an alcohol assessment/rehabilitation program. The judge will order between 24-100 hours of community service. First time offenders must also complete a 12-hour DWI Education Program.

If this is the driver’s second DWI offense, he or she must pay up to $4,000 in fines (plus surcharges and administration fees). Jail time ranges from 30 days to 1 year, and the driver’s license suspension will last from 180 days to 2 years. The offender must also serve 80-200 hours of community service and complete 32 hours of a DWI Repeat Offender Program.

A third offense is even more serious. The driver faces up to $10,000 in fines (plus surcharges and administration fees), 2 to 10 years in jail, and a driver license suspension for 180 days to 2 years.

A driver under the age of 21 faces up to $500 in fines, 20-40 hours of community service, and a 60-day license suspension. He or she must also attend alcohol-awareness classes.

These are just the legal consequences. People who have been convicted of DWI also face higher insurance rates, and may have problems finding employment.

A DWI conviction will stay on your record for life! If you have been arrested for drunk driving in Texas, submit your case online today. An attorney in your area will contact you to discuss your case.