DUI Law: Texas DUI Penalties

In Texas, you can be convicted of Driving While Intoxicated (DWI) if your Blood Alcohol Content (BAC) is .08 or greater. You may also be convicted of DWI if the State Attorney can show that your normal faculties were impaired by alcohol at the time you were driving (i.e. slurred speech, can’t walk in a straight line, etc.).

First Offense DWI in Texas
Your first DWI offense in Texas may be considered a Class B misdemeanor and could result in a prison sentence of up to one hundred eighty (180) days in county jail. You may also receive up to $2,000.00 in fines not including surcharges, fees and assessments that double your fine. You will also have your driver’s license suspended for between ninety (90) days and one (1) year.

Second Offense DWI in Texas
Your second DWI offense in Texas may be considered a Class A misdemeanor and could result in a prison sentence of up to one (1) year in county jail. You may also receive up to $4,000.00 in fines not including surcharges, fees and assessments that double your fine. You will also have your driver’s license suspended for between one hundred eighty (180) days and two (2) years.

If your second DWI offense in Texas comes within five (5) years of a previous DWI conviction you will be required to have a breath analysis device installed in all your vehicles. You will also be required to spend at least five (5) days in jail and your driver’s license must be suspended for at least one (1) year.

Third Offense DWI in Texas
Your third DWI offense in Texas will be considered a third (3rd) Degree felony and could result in a prison sentence of up to ten (10) years in jail. You may also receive up to $10,000.00 in fines not including surcharges, fees and assessments. You will also have your driver’s license suspended for between one hundred eighty (180) days and two (2) years.

If your third DWI offense in Texas comes within five (5) years of a previous DWI conviction you will be required to have a breath analysis device installed in all your vehicles. You will also be required to spend at least five (5) days in jail and your driver’s license must be suspended for at least one (1) year.