DUI in Texas: DWI Penalties, SR-22, and License Suspension

A DWI arrest in Texas sets two separate processes in motion the same day: an administrative license suspension handled by the Department of Public Safety, and a criminal case in county court. For a standard first offense, you are looking at a Class B misdemeanor punishable by 72 hours to 180 days in county jail and a fine up to $2,000.¹ A high blood alcohol level, a prior conviction, a child in the car, or a school zone each push the charge into higher brackets with longer sentences and bigger fines. The sections below cover what each stage costs you and the deadlines that matter.

You Have 15 Days to Save Your License

The single most time-sensitive thing after a DWI arrest has nothing to do with the criminal case. If you either failed a chemical test at 0.08 or higher or refused one, DPS will suspend your license automatically through the Administrative License Revocation (ALR) process. The officer takes your physical license at the scene and hands you a notice that doubles as a temporary driving permit.

You have 15 days from receiving that notice to request a hearing with the State Office of Administrative Hearings. Miss the deadline and the suspension takes effect on the 40th day with no chance to contest it. Request the hearing in time and the suspension is paused until an administrative law judge decides whether the officer had valid grounds for the stop, the arrest, and the test result.

First-offense suspension lengths depend on what happened at the station:

Any prior alcohol-related enforcement contact in the past ten years lengthens both numbers substantially; a refusal with a prior contact becomes a two-year suspension.² The ALR process is independent of the criminal case. Your license can be suspended through ALR even if the criminal charge is later dismissed.

What a First-Offense Conviction Costs

A standard first DWI with a BAC under 0.15 is a Class B misdemeanor. If convicted, you face:

Jail time of 72 hours minimum, up to 180 days¹
A fine up to $2,000
License suspension up to two years³
A mandatory 12-hour DWI education course
Community service, commonly ordered as a probation condition

If you had an open container of alcohol in the vehicle, the minimum jail term doubles from 72 hours to six days, though the charge level stays the same.¹ Most first-time offenders receive probation rather than serve the full jail sentence, but the conviction stays on your criminal record.

A judge can order an ignition interlock device even on a standard first offense. Installation runs roughly $100 to $200, and monthly monitoring is around $70 to $100. Over a year or more of required use, the device alone easily tops $1,000.

When the Charge Gets Worse

Several circumstances push a DWI past the Class B baseline, and the enhancements stack.

BAC of 0.15 or Higher

A first offense with a BAC of 0.15 or more is charged as a Class A misdemeanor.¹ The ceiling moves to one year in county jail and a fine up to $4,000.⁴ An ignition interlock is essentially mandatory at this level.

Second DWI

A second conviction is a Class A misdemeanor regardless of BAC, with a 30-day mandatory minimum in jail, a maximum of one year, and fines up to $4,000.⁵ An ignition interlock is required by law for all repeat offenders. Texas sets no time limit on how far back a prior counts. A conviction from 20 years ago still triggers the enhancement.

Third DWI

A third DWI is a third-degree felony. The range jumps to 2 to 10 years in state prison and a fine up to $10,000.⁶ A second DWI also becomes a third-degree felony if you have a prior conviction for intoxication manslaughter.⁵ A felony conviction permanently restricts firearm rights, affects voting while incarcerated, and shows up on background checks for the rest of your life.

Child Passenger Under 15

Driving while intoxicated with a passenger under 15 is automatically a state jail felony, even on a first offense with a low BAC.⁷ The sentence range is 180 days to two years in a state jail facility, plus a fine up to $10,000. A Child Protective Services investigation often follows, with potential custody consequences in family court.

School Crossing Zone

A first DWI inside a school crossing zone during posted reduced-speed hours is also a state jail felony, carrying the same 180 days to two years and up to $10,000.¹

The Breath or Blood Test

Texas treats every licensed driver as having already consented to a breath or blood test if lawfully arrested for DWI.⁸ You can still refuse at the station, but the refusal itself triggers the 180-day ALR suspension described above (or two years with a prior alcohol-related contact).²

Refusing does not necessarily stop the state from getting a sample. Officers routinely obtain a search warrant from a judge for a mandatory blood draw, which is standard practice in cases involving accidents, injuries, or a prior DWI history.

Legal Intoxication and the DUI/DWI Distinction

You are intoxicated under Texas law if you have lost the normal use of your mental or physical faculties because of alcohol, drugs, or any combination, or if your BAC is 0.08 or higher.⁹ An officer can arrest you for DWI based on the first prong alone, without any specific BAC number.

One terminology note: in Texas, “DUI” is a different, lesser offense that applies only to drivers under 21 with any detectable alcohol. For anyone 21 and older, the charge is DWI. If you are an adult, “DUI” is not the right label for what you are facing.

The Real Financial Hit

Court penalties are only part of what a DWI costs. The expenses that follow stretch out for years.

Insurance Premiums

Full-coverage auto insurance rates rise sharply after a DWI conviction. Industry data points to an average increase of around 88%, or roughly $183 more per month compared to a clean record. Most insurers look back three to five years, so the elevated premium sticks around.

SR-22 Filing

After a DWI conviction, Texas requires an SR-22 certificate of financial responsibility, filed with DPS by your insurance company to confirm you carry at least the state’s minimum liability coverage. You must maintain the SR-22 for two years from the conviction date.¹⁰ A lapse in coverage during that period triggers another license suspension.

Total Out-of-Pocket

Add together the criminal fine, court costs, DWI education fees, probation supervision fees, an ignition interlock, the $100 license reinstatement fee, the premium increase, and the SR-22, and a first-offense DWI commonly runs $10,000 to $15,000 or more over the first few years. Felony-level offenses cost significantly more.

One older cost you can ignore: the Driver Responsibility Program surcharges of $1,000 to $2,000 per year for three years. Texas repealed that program in 2019 under House Bill 2048 and waived all existing surcharges.¹¹ Resources still citing those surcharges are out of date.

Getting Back on the Road

During a suspension, you can petition the court for an occupational driver’s license that permits limited driving for work, school, essential household duties, and medical appointments.¹² The judge sets the hours and routes, and an ignition interlock is commonly required as a condition. The process involves filing a petition, attending a hearing, and paying court costs.

Once your suspension period ends, the license does not reactivate on its own. You pay a reinstatement fee to DPS, provide proof of an active SR-22, and submit proof of completion for any required DWI education program before you can drive legally again.¹⁰

1
State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated
2
State of Texas. Texas Transportation Code 724.035 – Suspension or Denial of License
3
Texas Department of Public Safety. Alcohol-Related Offenses
4
State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
5
State of Texas. Texas Penal Code 49.09 – Enhanced Offenses and Penalties
6
State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
7
State of Texas. Texas Penal Code 49.045 – Driving While Intoxicated With Child Passenger
8
State of Texas. Texas Transportation Code 724.011 – Consent to Taking of Specimen
9
State of Texas. Texas Penal Code 49.01 – Definitions
10
Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22)
11
Texas Department of Public Safety. Driver Responsibility Program Repealed
12
Texas State Law Library. Occupational Drivers License