Texas DWI Penalties: Fines, Jail Time & License Impact
Last updated: March 4, 2026
Quick Answer: A first-offense DWI in Texas is a Class B misdemeanor with fines up to $2,000, 72 hours to 180 days in jail, and a 90-day to 1-year license suspension. A third DWI is a third-degree felony with up to $10,000 in fines and 2-10 years in prison.
Texas DWI Penalty Comparison
| Offense | Fine | Jail Time | License | IID |
|---|---|---|---|---|
| 1st Offense | Up to $2,000 | 72 hrs – 180 days | 90 days – 1 year | May be required |
| 2nd Offense | Up to $4,000 | 30 days – 1 year | 180 days – 2 years | Required |
| 3rd+ Offense | Up to $10,000 | 2 – 10 years (prison) | 180 days – 2 years | Required |
| Aggravated (child passenger, BAC ≥ 0.15, accident w/ injury) | Up to $10,000 | 180 days – 20 years | 180 days – 2 years | Required |
Aggravating Factors That Increase Penalties
- ⚠BAC of 0.15% or higher — upgrades first offense to a Class A misdemeanor (up to $4,000 fine, 1 year jail)
- ⚠Child passenger under 15 — state jail felony regardless of prior record (180 days – 2 years, up to $10,000)
- ⚠Accident causing serious bodily injury — intoxication assault, a third-degree felony (2-10 years)
- ⚠Accident causing death — intoxication manslaughter, a second-degree felony (2-20 years), or a first-degree felony (5-99 years) if more than one person dies or the victim is a firefighter, EMS worker, peace officer or judge
- ⚠DWI in a school zone — state jail felony under SB 826 (180 days – 2 years)
- ⚠Open container in vehicle — mandatory minimum 6 days in jail
- ⚠Refusal to provide breath/blood sample — 180-day license suspension (first refusal)
Administrative vs. Criminal Penalties
Administrative (TxDPS)
- • License suspension begins 40 days after arrest
- • Handled by Texas DPS, not the courts
- • ALR hearing can contest suspension
- • Separate from any criminal case outcome
- • You can lose your license even if acquitted
Criminal (Court)
- • Fines, jail time, probation
- • Handled by county criminal court
- • Requires conviction or plea
- • Can result in permanent criminal record
- • Deferred adjudication may be available (1st)
⏰ Critical Deadline
15 Days to Request ALR Hearing
After a DWI arrest in Texas, you have 15 days from the date you are served the notice of suspension (usually the arrest date; 20 days from the mailing date if DPS mails the notice after a lab result) to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (TxDPS). Miss this deadline and your license will be automatically suspended on the 40th day after the notice — regardless of what happens in your criminal case.
Frequently Asked Questions
A first-time DWI in Texas is a Class B misdemeanor. Penalties include a fine of up to $2,000, 72 hours to 180 days in jail, and a driver's license suspension of 90 days to 1 year. You may also be required to install an ignition interlock device (IID) and complete a DWI education program.
A DWI becomes a felony in Texas for a third offense (third-degree felony), DWI with a child passenger under 15 (state jail felony), intoxication assault (third-degree felony), intoxication manslaughter (second-degree felony, first-degree if the victim is a firefighter, EMS worker, peace officer or judge, or more than one person dies in the same incident), or DWI in a school zone (state jail felony under SB 826).
A DWI conviction stays on your criminal record permanently in Texas. It cannot be expunged. However, if you received deferred adjudication (available for first offenses), you may be eligible for an order of non-disclosure to seal the record from most private background checks after a waiting period. On your driving record, a DWI stays for 3 years.
After a DWI arrest in Texas, you have 15 days from the date you are served the notice of suspension (usually the arrest date) to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (TxDPS). If DPS mails the notice after a blood or other lab result, you have 20 days from the mailing date. If you miss the deadline, your license will be automatically suspended on the 40th day after the notice. This deadline applies whether you failed or refused a breath/blood test.
Refusing a breathalyzer or blood test in Texas triggers a 180-day license suspension for a first refusal and a 2-year suspension for subsequent refusals. The refusal can also be used as evidence against you in court. You still have 15 days to request an ALR hearing to contest the suspension.
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