Driving While Intoxicated: Texas Penalties, Costs, and Suspension

Texas DWI penalties start at a Class B misdemeanor carrying up to $2,000 in fines and 72 hours to 180 days in jail for a first offense, and climb to decades in prison for repeat offenses or cases involving injury or death.¹ A conviction also triggers state surcharges that can reach $6,000, a separate administrative license suspension, mandatory SR-22 insurance, and a permanent criminal record that is extremely difficult to seal.

Penalties By Offense Level

The baseline punishment depends on how many prior DWI convictions you have. Aggravating facts can push any level higher, but the structure below is the starting point.

First Offense

A standard first-offense DWI is a Class B misdemeanor. The punishment range is a fine of up to $2,000 and a jail term of 72 hours to 180 days. If an open alcoholic beverage was within the driver’s reach, the charge stays a Class B misdemeanor but the minimum jail term jumps to six days.¹

If your BAC was 0.15 or higher at the time of testing, the offense becomes a Class A misdemeanor. The maximum fine rises to $4,000 and jail time can reach one year.¹

Second Offense

A second DWI conviction is a Class A misdemeanor with a mandatory minimum of 30 days in jail, even if the judge grants probation for the rest of the sentence.² The maximum fine is $4,000, and jail time can reach one year.³ Courts typically order an ignition interlock device and completion of a state-approved DWI education program as conditions of bond or probation.

Third Offense and Beyond

A third DWI is a third-degree felony, carrying two to ten years in prison and a fine of up to $10,000.²⁴ If you have any prior felony conviction on top of the DWI history, the habitual-offender statute bumps the charge to a second-degree felony, raising the prison exposure to two to twenty years.⁵

Felony DWI convictions restrict firearm ownership and suspend voting rights for the length of the sentence, though voting rights are automatically restored once the person completes incarceration, parole, and probation.⁶

Facts That Make Any DWI Worse

Several circumstances turn an ordinary DWI into something much more serious, regardless of whether it is your first time.

DWI in a School Crossing Zone

Driving while intoxicated in a school crossing zone during hours when the reduced speed limit is active elevates even a first offense to a state jail felony. The range is 180 days to two years in a state jail facility and a fine of up to $10,000.¹

DWI With a Child Passenger

Driving while intoxicated with any passenger under 15 years old is a state jail felony on its own, regardless of prior history. The punishment range is 180 days to two years in a state jail facility and a fine of up to $10,000.⁷⁸ A conviction can also trigger a child endangerment investigation and separate custody consequences.

Intoxication Assault

When an impaired driver causes serious bodily injury to another person, the charge becomes intoxication assault, a third-degree felony punishable by two to ten years in prison and a fine of up to $10,000.⁹ “Serious bodily injury” means an injury creating a substantial risk of death, permanent disfigurement, or lasting impairment of any body part or organ. A broken bone that heals completely may not qualify; a traumatic brain injury or lost limb almost certainly will.

Intoxication Manslaughter

Causing someone’s death while driving intoxicated is intoxication manslaughter, a second-degree felony carrying two to twenty years in prison and a fine of up to $10,000.¹⁰¹¹ The prosecutor does not have to prove intent. Causing a death “by accident or mistake” while intoxicated is enough.

The Costs Beyond the Criminal Fine

The number the judge announces at sentencing is only part of what a DWI costs.

State Surcharges

Every DWI conviction triggers a separate state surcharge on top of the criminal fine:

First conviction within 36 months: $3,000
Second or subsequent conviction within 36 months: $4,500
Any conviction with a BAC of 0.15 or higher: $6,000

These amounts are set by the Transportation Code and are assessed at sentencing.¹² A court can waive the surcharge only if it finds the person is indigent. For everyone else, the surcharge turns a first-offense DWI with a $2,000 criminal fine into a minimum $5,000 obligation in fines alone.

SR-22 Insurance

After a DWI conviction, Texas requires you to carry an SR-22 certificate of financial responsibility for two years from the date of conviction.¹³ An SR-22 is not a separate policy; it is a form your insurer files with the state certifying that you carry the required minimum liability coverage. Insurers typically raise premiums substantially for drivers who need an SR-22, and any lapse in coverage during the two-year period can trigger further license suspension and reinstatement fees.

Ignition Interlock Devices

Judges are required to order an ignition interlock device as a condition of bond for anyone charged with a second or subsequent DWI, or with intoxication assault, intoxication manslaughter, or DWI with a child passenger.¹⁴ The device must be installed at the defendant’s expense within 30 days of release on bond. Monthly lease and calibration fees vary by provider, and the device typically stays on the vehicle for the duration of probation or bond conditions.

License Suspension Runs Separately

Completely apart from the criminal case, the Texas Department of Public Safety runs the Administrative License Revocation (ALR) program. A suspension kicks in when you either fail a chemical test (BAC of 0.08 or more) or refuse to take one.

First-offense failure (BAC 0.08+): 90-day suspension
First-offense refusal: 180-day suspension
Repeat failure (prior alcohol-related contact within 10 years): one-year suspension
Repeat refusal: two-year suspension

These periods apply regardless of what happens in the criminal case.¹⁵ You can be acquitted of DWI and still lose your license through ALR if DPS shows the officer had reasonable suspicion for the stop and probable cause for testing.

The 15-Day Deadline

You have only 15 days from the date the suspension notice is served to request an ALR hearing. Miss that window, and the suspension takes effect automatically on the 40th day after notice.¹⁶ Requesting the hearing also keeps your driving privileges in place while the case is pending.

Occupational Driver License

If your license is suspended, you may be eligible for an occupational driver license, which permits restricted driving for work, school, household duties, and other essential needs.¹⁷ You file a petition with the court describing your essential need and provide a certified driving record and proof of insurance. If the suspension resulted from a DWI conviction, the petition must go to the court that handled the conviction rather than a justice of the peace court.

What a DWI Does to Your Record

A DWI conviction in Texas creates a permanent criminal record. Unlike some other misdemeanors, a DWI conviction cannot be expunged; expungement is available only if the case was dismissed or you were acquitted. The permanence affects background checks for employment, housing applications, and professional licensing in fields like healthcare, education, and transportation.

Sealing a First-Time DWI

Texas offers a narrow path to seal a DWI record from public view through a non-disclosure order under Government Code Section 411.0731. The eligibility requirements are strict:¹⁸

The conviction must be a Class B misdemeanor DWI (BAC under 0.15, no enhancements).
You must have been placed on community supervision and completed it without revocation, including any jail time and full payment of fines, costs, and restitution.
You must have no prior convictions or deferred adjudication for any offense other than a fine-only traffic ticket.
Your offense must not have involved a motor vehicle accident with another person, including passengers in your own vehicle.

Even after meeting those requirements, there is a waiting period before you can file the petition. If the court required an ignition interlock device for at least six months and you complied, the wait is two years after completing community supervision. Without that interlock condition, the wait is five years.¹⁸ The court must also find that granting the order is in the best interest of justice, so qualifying on paper does not guarantee approval.

A non-disclosure order blocks public access but is not the same as an expungement. Law enforcement agencies, certain state licensing boards, and government employers can still view the sealed record. For anyone seeking a security clearance or a professional license in a regulated industry, the conviction remains visible to the reviewing authority.

1
State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated
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State of Texas. Texas Penal Code 49.09 – Enhanced Offenses and Penalties
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State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor Punishment
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State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
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State of Texas. Texas Penal Code 12.42 – Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony
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State Law Library. Can a Person Convicted of a Felony Vote in Texas?
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State of Texas. Texas Penal Code 49.045 – Driving While Intoxicated with Child Passenger
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State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment
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State of Texas. Texas Penal Code 49.07 – Intoxication Assault
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State of Texas. Texas Penal Code 49.08 – Intoxication Manslaughter
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State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
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State of Texas. Texas Transportation Code Chapter 709 – Miscellaneous Traffic Fines
13
Department of Public Safety. Section 9 – SR-22 Proof of Financial Responsibility
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State of Texas. Texas Code of Criminal Procedure Chapter 17 – Bail
15
Texas Department of Public Safety. Driver License Enforcement Actions
16
Department of Public Safety. Administrative License Revocation (ALR) Program
17
State of Texas. Texas Transportation Code 521.242 – Eligibility
18
Texas Courts. An Overview of Orders of Nondisclosure