A first-offense DWI in Texas is a Class B misdemeanor carrying 72 hours to 180 days in county jail and a fine of up to $2,000, but Texas DWI penalties climb quickly when a chemical test comes back at 0.15 or higher, when there’s an open container in the car, or when you have prior convictions. A DWI arrest also sets off a separate license suspension through the Department of Public Safety that runs on its own timeline, and it can force an ignition interlock device onto your vehicle as a condition of driving again.
What the State Has to Prove
Under Texas Penal Code Section 49.04, a conviction requires the prosecution to show three things beyond a reasonable doubt: you were operating a motor vehicle, you were intoxicated at the time, and the driving happened in a public place.1State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated
“Operating” does not require movement. Texas courts have held that sitting in the driver’s seat with the engine running, or taking any action that engages the vehicle’s machinery, is enough. Falling asleep behind the wheel in a parking lot with the car idling can support the charge. A “public place” includes streets, highways, and parking lots the public can access.2State of Texas. Texas Penal Code 1.07 – Definitions Private driveways and gated properties where the public has no access generally fall outside that definition.
How Texas Defines Intoxication
Section 49.01 gives prosecutors two independent paths to prove intoxication, and they only need one.3State of Texas. Texas Penal Code 49.01 – Definitions
The first is impairment. If alcohol, a controlled substance, a prescription drug, or any combination has caused you to lose the normal use of your mental or physical abilities, you are legally intoxicated. Officers usually build this case through driving behavior, field sobriety tests, slurred speech, and other physical observations. No chemical test is required.
The second is the per se rule: a blood-alcohol concentration of 0.08 or higher, measured by breath, blood, or urine. Under this path it does not matter whether you appeared sober or passed the field sobriety exercises. If the number is at or above 0.08, the legal standard is met.
First-Offense Penalties
A standard first-offense DWI is a Class B misdemeanor.1State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated The mandatory minimum is 72 hours in county jail, which a judge cannot waive after conviction. The maximum is 180 days in jail and a $2,000 fine.4Texas Public Law. Texas Penal Code 12.22 – Class B Misdemeanor
Conviction also brings a driver’s license suspension of 90 days to one year.5State of Texas. Texas Transportation Code 521.344 The court sets a start date between the conviction and 30 days later. Court costs, mandatory education program fees, and reinstatement fees sit on top of the fine.
Enhancements That Raise a First Offense
Two circumstances written into Section 49.04 make a first DWI worse.
Open Container in the Vehicle
If you had an open container of alcohol within arm’s reach while driving, the offense stays a Class B misdemeanor but the mandatory minimum jail time increases from 72 hours to six days.1State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated You do not have to have been drinking from it. An unsealed bottle in the passenger area is enough.
BAC of 0.15 or Higher
A chemical test showing 0.15 or more reclassifies a first offense from Class B to Class A misdemeanor.1State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated The maximum jumps to one year in jail and a $4,000 fine.6State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor This threshold also forces a mandatory ignition interlock as a condition of any community supervision.
Second and Third DWIs
Prior intoxication-related convictions change the stakes sharply under Section 49.09, and they count regardless of how old they are.
A second DWI is a Class A misdemeanor with a mandatory minimum of 30 days in jail, up to one year maximum, and a fine of up to $4,000.7State of Texas. Texas Penal Code 49.09 – Enhanced Offenses and Penalties6State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor The 30-day floor means even a negotiated plea involves real jail time.
A third DWI is a third-degree felony punishable by 2 to 10 years in state prison and up to a $10,000 fine.7State of Texas. Texas Penal Code 49.09 – Enhanced Offenses and Penalties8State of Texas. Texas Penal Code 12.34 – Third Degree Felony The same felony treatment applies if you have even one prior conviction for intoxication manslaughter.
The License Suspension Runs Separately
A DWI arrest triggers two proceedings at once: the criminal case and an administrative license suspension handled by DPS. The administrative suspension can take effect before the criminal case is even filed, and it operates on the arrest itself, not the conviction.
If You Refuse the Test
Texas has an implied consent law. By driving on Texas roads, you have consented to give a breath or blood sample if lawfully arrested for DWI. A first refusal brings a 180-day suspension.9State of Texas. Texas Transportation Code 724.035 With a prior alcohol-related enforcement contact in the past 10 years, the suspension is two years.
If You Fail the Test
A result of 0.08 or higher on a first offense brings a 90-day suspension. This runs separately from any suspension the criminal court imposes after conviction, not concurrently with it.
The 15-Day Window
You have 15 days from the notice of suspension to request a hearing before an administrative law judge. Miss it and the suspension takes effect automatically. The hearing addresses only whether the officer had reasonable grounds for the arrest and whether you failed or refused the test. Winning it preserves your license but has no effect on the criminal charge.
Ignition Interlock
An ignition interlock device is a breathalyzer wired into the starter. You blow into it before the engine will start, and it prompts periodic retests while driving.
A judge must order an interlock as a condition of community supervision when your BAC was 0.15 or higher, you are a repeat offender, or you were under 21 at the time of the offense.10State of Texas. Texas Code of Criminal Procedure Art. 42A.408 Courts also require one for anyone getting deferred adjudication on a DWI. Below the 0.15 threshold on a first offense, a judge still has discretion to order one.
Separately, if your license was suspended or revoked after a DWI conviction, Section 521.246 requires an interlock as a condition of any restricted driving privileges you get back.11State of Texas. Texas Transportation Code 521.246 A court can waive that only by finding the device isn’t necessary for community safety and that a waiver is in the interest of justice. You pay for installation and monitoring, and monthly costs typically run $70 to $125 for as long as the requirement lasts.
The Real Cost
The fine on the judgment is a fraction of what a DWI actually costs.
After conviction, you must obtain an SR-22 certificate, which is proof of financial responsibility filed by your insurance company with DPS, and you must maintain it for two years from conviction.12Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22) The bigger hit is the premium increase. Rate increases of 40 to 70 percent are common, and elevated premiums often persist for three to five years beyond the SR-22 period.
Texas used to add annual surcharges of up to $2,000 per year for three years through the Driver Responsibility Program, but the legislature repealed that program effective September 1, 2019, so those surcharges no longer apply.13Texas Department of Public Safety. Driver Responsibility Program Surcharge Repeal FAQs Attorney fees, court costs, education programs, reinstatement fees, and interlock costs together still push total out-of-pocket costs on a first offense into the $5,000 to $10,000 range before insurance increases.
Commercial Drivers
If you hold a commercial driver’s license, federal law adds a layer of punishment. Under 49 CFR 383.51, a first DWI disqualifies you from operating a commercial motor vehicle for one year, whether you were driving a personal car or a commercial rig at the time.14eCFR. 49 CFR 383.51 If you were hauling hazardous materials when arrested, the disqualification is three years. A second DWI results in a lifetime CDL disqualification.
Immigration and Canada
A standard DWI is generally not classified as a crime involving moral turpitude for U.S. immigration purposes, so on its own it typically will not trigger deportation or visa denial. Aggravating factors like driving on a suspended license, or a DWI paired with other criminal history, can change that analysis. Non-citizens should talk to an immigration attorney before accepting any plea.
Canada treats impaired driving as a serious criminal offense and routinely denies entry to visitors with a DWI on their record. Border officers can turn you away at the airport or land crossing. Criminal rehabilitation is available but requires at least five years to have passed since you completed your entire sentence, including probation and fines. A temporary resident permit can cover urgent travel but has to be obtained in advance.