Texas DWI Penalties

See our Texas DWI Penalty Infographic

Public Intoxication

When a person is convicted of Public Intoxication, or of being intoxication while in a “public place”, the following penalties apply.

CLASSIFICATION: Class C Misdemeanor
FINE: Up to $500.00

1st DWI

When a person is convicted of Driving While Intoxicated for the first time, in Texas, potential penalties listed below may apply.

CLASSIFICATION: Class B Misdemeanor
FINE: Up to $2,000
PRISON SENTENCE: 72 Hours – 180 Days
TEXAS DRIVERS LICENSE SUSPENSION: 90 Days to 365 days

2nd DWI

When a person is convicted of Driving While Intoxicated for the second time, in Texas, potential penalties listed below may apply.

CLASSIFICATION: Class A Misdemeanor
FINE: Up to $4,000
PRISON SENTENCE: 30 Days – 1 Year
TEXAS DRIVERS LICENSE SUSPENSION: 180 days to 2 years

3rd DWI

When a person is convicted of Driving While Intoxicated for the third time, in Texas, potential penalties listed below may apply.

CLASSIFICATION: 3rd Degree Felony
FINE: Up to $10,000
PRISON SENTENCE: 2 – 10 Years (TDC)
TEXAS DRIVERS LICENSE SUSPENSION: 180 days to 2 years

Intoxication Assault/DWI Injury

When a person is convicted of injuring someone as a result of Driving While Intoxicated the potential penalties listed below may apply.

CLASSIFICATION: 3rd Degree Felony
FINE: Up to $10,000
PRISON SENTENCE: 2 – 10 Years (TDC)
TEXAS DRIVERS LICENSE SUSPENSION: 180 days to 2 years

Intoxication Manslaughter

When a person is convicted of killing someone as a result of Driving While Intoxicated the potential penalties listed below may apply.

CLASSIFICATION: 2nd Degree Felony
FINE: Up to $10,000
PRISON SENTENCE: 2 – 20 Years (TDC)
TEXAS DRIVERS LICENSE SUSPENSION: 180 days to 2 years

DWI Child Passenger

When a person is convicted of Driving While Intoxicated, with the added element of their being a child passenger in the vehicle at the time, the potential penalties listed below may apply.

CLASSIFICATION: State Jail Felony
FINE: Up to $10,000
PRISON SENTENCE: 6 Months – 2 Years State Jail
TEXAS DRIVERS LICENSE SUSPENSION: 90 days to 2 years

DWI Open Container

If a person is convicted of Driving with an Open Alcoholic Container, the potential penalties listed below may apply.

CLASSIFICATION: Class B Misdemeanor
FINE: Up to $2,000
PRISON SENTENCE: 6 Days – 180 Days Harris County Jail
TEXAS DRIVERS LICENSE SUSPENSION: 90 days to 1 Year

DWI Law Office – HoustonPenalties

Last updated: July 18, 2016 at 6:02 am
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