Texas DWI Sentencing Deep Dive: what is the penalty for a DWI in Texas and how severe could it be in your case?

The penalty for a DWI in Texas can range from a few days in jail and up to a $2,000 court fine for a first misdemeanor, to years in prison and five-figure fines for felony intoxication cases, plus a mandatory state fine that can reach $6,000 on top of any court fine. How severe it could be in your case depends on your prior convictions, your blood alcohol concentration, whether a child or an injury was involved, and whether you protect your license within strict deadlines. If you were arrested in Houston or a nearby county, read this to understand exactly what those ranges look like and what moves matter now.

If you are searching for the exact penalty for a DWI in Texas or asking yourself what is the penalty for a DWI in Texas, start with the quick chart below, then keep reading for how prosecutors and courts actually apply these ranges in Harris County and surrounding areas.

Quick answer: Texas DWI penalty ranges at a glance

Mike, if you are a first-timer with no crash and a BAC under 0.15, your case is typically a Class B misdemeanor. If your BAC is 0.15 or higher, it is a Class A misdemeanor even on a first arrest. Prior DWIs, a child in the car, a crash with injury, or a death can turn it into a felony with dramatically higher exposure. For an expanded explanation of these ranges, see this firm’s detailed overview of Texas DWI penalties and punishments.

Texas DWI penalties chart for common scenarios

Offense level	Charge class	Jail or prison range	Court fine cap	Mandatory state fine	Typical license impact
First DWI (BAC under 0.15)	Class B misdemeanor	3 to 180 days in county jail minimum 6 days if open container	Up to $2,000	$3,000 on conviction	ALR 90 days if test failure, 180 days if refusal. Conviction suspension typically 90 days to 1 year.
First DWI with BAC 0.15 or higher	Class A misdemeanor	Up to 1 year in county jail	Up to $4,000	$6,000 on conviction	Similar ALR ranges. Conviction often triggers ignition interlock conditions.
Second DWI	Class A misdemeanor	30 days to 1 year in county jail	Up to $4,000	$4,500 if within 36 months of the prior	ALR 1 year or more depending on history. Conviction suspension typically 180 days to 2 years.
Third or more DWI	Third degree felony	2 to 10 years in prison	Up to $10,000	Mandatory state fine does not replace felony fine exposure	Multi‑year suspensions common. Felony convictions carry long term driver and collateral impacts.
DWI with child passenger (under 15)	State jail felony	180 days to 2 years in state jail	Up to $10,000	Applies if convicted of DWI	Immediate license issues and mandatory interlock conditions are common.
Intoxication assault (serious bodily injury)	Third degree felony, can be enhanced	2 to 10 years in prison	Up to $10,000	N.A.	Long suspensions and strict bond conditions.
Intoxication manslaughter	Second degree felony, can be enhanced	2 to 20 years in prison	Up to $10,000	N.A.	Extensive collateral and lifetime impacts.

Note: The “mandatory state fine” is a separate statutory amount added at conviction. It does not replace the court’s ability to assess a fine up to the misdemeanor or felony cap. Harris County judges may order ignition interlock, education, community service, or treatment as conditions of bond or community supervision. The exact combination depends on your facts.

What these ranges mean for your life and job

You are likely concerned about missing work, losing your license, and explaining things to your family or boss. A first misdemeanor often results in community supervision rather than jail time served, but there are still mandatory conditions like classes, community service, and interlock in many cases. Fines, fees, and higher insurance can make a first DWI feel expensive, and even short license suspensions can complicate job sites and school runs across Houston.

Micro‑story: A Houston project manager was arrested driving home from a team dinner with a reported BAC of 0.13. He had no prior record, there was no crash, and he cooperated. His exposure started as 3 to 180 days in jail and up to a $2,000 fine, plus a $3,000 state fine if convicted. He requested his ALR hearing within 15 days, fought the license suspension, and worked through discovery to challenge the stop and the breath test procedure. He kept working during the case, used an ignition interlock while his license issue was pending, and completed proactive education. The final outcome depended on the specific facts and negotiation, but early action sharply reduced disruption to his family and job.

How Texas law classifies DWI and why the charge class matters

Texas groups DWI and related intoxication offenses in the Penal Code. The charge class sets the jail range and fine cap, and it also controls whether you face county jail or prison if there is a conviction. To see the statutory framework, review Texas Penal Code Chapter 49 — DWI statutes and penalties. Here is how that plays out in everyday Houston cases:

• First DWI without aggravators: Class B misdemeanor. Minimum 72 hours in jail, up to 180 days, and up to a $2,000 fine. An open container in the vehicle raises the minimum to 6 days.
• First DWI with BAC 0.15 or higher: Class A misdemeanor. Up to 1 year in county jail and up to a $4,000 fine. Judges often require ignition interlock while the case is pending and during community supervision.
• Second DWI: Class A misdemeanor with a mandatory minimum of 30 days in jail if convicted. The range still tops at 1 year and $4,000. Community supervision can include longer programs and stiffer community service.
• Third or more DWI: Third degree felony. Prison range 2 to 10 years and up to a $10,000 fine. Felony probation is possible in some cases, but the exposure and collateral consequences are far more serious.
• DWI with child passenger: State jail felony when a child under 15 is in the car, even on a first arrest. Punishment range is 180 days to 2 years in a state jail facility and up to a $10,000 fine.
• Intoxication assault: Generally a third degree felony when intoxication causes serious bodily injury. Exposure increases if special victims are involved.
• Intoxication manslaughter: Second degree felony when intoxication causes a death, subject to further enhancement in specific circumstances.

If you are working job sites across Harris County, knowing your charge class helps you plan for court settings, bond conditions, and transportation. It is also the starting point for strategic defenses that aim to lower exposure or avoid a conviction.

ALR versus criminal court: your license has two separate tracks

Texas has a civil driver license process and a criminal court process. They are related but separate. The civil process is called Administrative License Revocation, or ALR. You must act fast to protect your driving privileges, especially if you failed or refused a breath or blood test.

Urgent checklist: 15‑day ALR deadline to protect the license you use for work

• Count 15 days from the date of your arrest paperwork, usually the Notice of Suspension served at the station. Within that window, submit an ALR hearing request to stop an automatic suspension from starting.
• Learn the exact steps here: how to request an ALR hearing to protect your license.
• For neutral details on timelines and outcomes, see the Texas DPS ALR program — license suspension and hearing timelines.
• Missing the deadline leads to a default suspension even if your criminal case later improves. You can often seek an occupational license, but acting within 15 days preserves more options.

Typical ALR ranges: If you failed a test, a first ALR suspension is often 90 days. If you refused, the first suspension is often 180 days. Prior alcohol contacts within 10 years can push these to 1 or 2 years. These civil suspensions are separate from any suspension that might follow a criminal conviction.

Criminal conviction suspensions: Courts can suspend your license for 90 days to 1 year on a first conviction, and 180 days to 2 years for repeat convictions. Judges can also order ignition interlock, alcohol monitoring, and travel limits as conditions of bond or community supervision. In Houston misdemeanor courts, expect strict compliance checks if interlock is ordered.

What actually increases severity in a Texas DWI case

• Blood alcohol concentration of 0.15 or higher: Automatically elevates a first DWI to Class A. Prosecutors view this as more dangerous. Judges often require interlock and sometimes alcohol treatment conditions.
• Open container at the time of arrest: Raises the minimum confinement for a Class B DWI from 72 hours to 6 days if convicted.
• Prior DWI convictions: A single prior makes the new DWI a Class A with a 30 day minimum if convicted. Two priors usually make the next DWI a third degree felony.
• Crash with injury or death: This shifts the charge to intoxication assault or manslaughter, which carry prison ranges and life changing collateral consequences.
• Child passenger under 15: State jail felony even for someone with no prior DWI history.
• Refusal: Refusing a test does not avoid prosecution. It increases ALR exposure and can be used in court, but it may also limit certain scientific evidence. How this plays out depends on the stop, the investigation, and any warrant process used.
• While on probation or with pending cases: Bond conditions get tighter. The risk of jail time goes up if there is a violation.

For a provider supporting a family, the biggest difference between a manageable first misdemeanor and a life altering felony is usually whether there was an injury, a child in the car, or a long prior record. The same traffic stop can look very different on paper depending on these facts.

Misdemeanor versus felony DWI in Texas

Misdemeanor DWIs are handled in county courts at law. Jail is in days or months, not years, and many people resolve first cases with community supervision. Conditions often include a DWI education class, a Victim Impact Panel, community service, and interlock if the BAC was high or if ordered by the court. Court fines cap at $2,000 for Class B and $4,000 for Class A, but remember the mandatory state fine that can be $3,000 to $6,000 at conviction.

Felony DWIs are prosecuted in district courts. Exposure includes years in prison and long license suspensions. Even if a person receives probation, felony terms are more intensive and can include lengthy treatment, SCRAM or similar monitoring, and strict travel or reporting requirements. Felonies also create long term employment and licensing issues that do not fade quickly.

Penalty building blocks you are likely to face

• Community supervision instead of jail time served: For many first offenses, courts order supervision up to 24 months. Violations can lead to days in jail or a full revocation hearing.
• Ignition interlock: Common for high BAC or repeat arrests, sometimes required as a bond condition from day one. Many Houston judges demand proof of installation within a short deadline.
• DWI education or repeat offender program: A first DWI often requires a 12 hour class. A repeat can require a longer program.
• Community service: Often 24 to 100 hours for a first DWI, and 80 to 200 hours for a second, depending on the court and facts.
• Substance use evaluation and any recommended treatment: Courts look for compliance and honest engagement, especially when BAC was high or there is a prior history.
• Insurance and SR‑22: ALR suspensions and certain court orders can trigger SR‑22 filings. Insurance premiums often rise, sometimes dramatically, for at least three years.
• Occupational driver license: Often available to keep you driving for work or essential household duties. Expect limits on hours and routes, plus interlock if ordered.

For a busy Houston provider like Mike, the reality is simple. Compliance and planning reduce disruption. Missing deadlines or ignoring conditions makes everything harder.

Common misconceptions to avoid

• Myth: A first DWI is just a fine. Reality: Texas sets a minimum 3 days in jail on the statute, a separate mandatory state fine at conviction, and multiple conditions even when you receive community supervision.
• Myth: Refusing a test avoids proof, so the state cannot win. Reality: Officers can seek a warrant and prosecutors can use refusal evidence. Refusal also increases ALR exposure.
• Myth: If I miss the ALR deadline, the criminal judge can fix my license. Reality: ALR is a separate civil process. Missing the 15 day deadline usually means an automatic suspension that the criminal court cannot undo.
• Myth: A DWI always ruins a career. Reality: The impact depends on the outcome, your role, and what steps you take quickly, including protecting your license, complying with conditions, and managing records where state law allows nondisclosure later for certain first offenses.

Houston and Harris County basics: what to expect after an arrest

After booking, you receive bond conditions that may include no alcohol, no bars, an ignition interlock, and travel limits. Your first court setting is usually within a few weeks. Felony cases land in district court. Misdemeanors go to a county court at law. Settings repeat until discovery is complete and motions or negotiations occur. Meanwhile, ALR runs on its own timetable. If you requested a hearing within 15 days, it will be scheduled and you or your lawyer can challenge the basis for suspension.

In Harris County, many misdemeanor judges use standardized conditions that require interlock for high BAC or for any repeat arrest. They may expect proof of class registration and community service early in the case. Felony courts are stricter with monitoring and travel requests. Each court culture is different, but the law and the penalty ranges described in this guide remain the same statewide.

For readers who want targeted guidance based on their role

Ryan/Daniel — Data-Driven Researcher: You want precise ranges and documented rules. The chart above captures jail and fine caps by charge class. For statutes, start with the link to the Penal Code chapter. Pull your DMV exposure from the DPS ALR page and your court exposure from the misdemeanor or felony class in Chapter 49. Track everything on a timeline so you can quantify risk day by day.

Jason/Sophia — High-Stakes Professional: Your focus is discretion, worst case exposure, and limited disruption to clients or leadership. You will want to manage bond conditions tightly, request ALR immediately to avoid a default suspension, and control the paper trail. Consider how ignition interlock installation, random testing, or travel approvals can be arranged with minimal visibility to your team.

Chris/Marcus — Most Aware / VIP: You know that elite, results‑driven defense can shrink exposure even when the paper case looks strong. Results are never guaranteed, but early investigations, scene video, breath room footage, and maintenance records often change negotiations. In felony scenarios, rapid accident reconstruction and medical causation analysis can be pivotal.

Kevin/Tyler — Unaware Young Adult: The hidden costs are real. Budget several thousand dollars over the first year between fines, the mandatory state fine, classes, interlock, testing, ALR fees, and insurance. The time cost is also heavy. Expect multiple morning court appearances, dozens of hours of community service, and class attendance that cuts into school or work.

Elena — Licensed Professional (nurse): Your license and employment contracts may require prompt disclosure or specific documentation. Missing the ALR deadline can restrict your ability to work shifts that require driving. Keep records of compliance, education, and any treatment, and know that certain first offenders can pursue nondisclosure after a waiting period if the case qualifies.

First offense DWI punishment in Texas, step by step

For a first offense in Houston with no crash and a BAC under 0.15, here is the typical path. You face a Class B range of 3 to 180 days in jail and up to a $2,000 fine. On conviction, a $3,000 state fine is added. A conviction can trigger a 90 day to 1 year license suspension, though there are ways to drive legally for work through an occupational license if you qualify. Many first cases resolve with community supervision that includes a 12 hour class, a Victim Impact Panel, and 24 to 100 hours of community service. Courts often allow travel for work when requested in advance.

If your first offense involves a BAC of 0.15 or higher, the case class elevates to Class A. Jail exposure increases to 1 year and the maximum court fine doubles to $4,000. The state fine at conviction jumps to $6,000. Bond conditions often include an ignition interlock right away. Judges view high BAC as a key aggravator, even without a crash.

Second and third DWI penalty ranges

A second DWI charge is still a misdemeanor, but it carries a mandatory minimum of 30 days in jail if there is a conviction. Many defendants serve that time through monitored alternatives when the court allows it, but the risk is real. License consequences and insurance costs also escalate. Courts often require longer programs and more community service hours.

A third DWI is a third degree felony. The prison range is 2 to 10 years and the fine can reach $10,000. Felony probation remains possible in many courts, yet the supervision is strict and violations carry heavy consequences. For someone who supports a family, the distinction between a second and a third DWI is enormous in terms of long term impact.

Felony DWI sentences in Texas

Felony intoxication offenses include third or more DWI, DWI with a child passenger, intoxication assault, and intoxication manslaughter. Sentences are measured in years, not days. Judges look for accountability, treatment, and no further violations while the case is pending. When there is an injury, expect restitution and long term interlock or monitoring if there is probation.

Collateral consequences you should account for now

• Employment: Missed work for court and classes, possible restrictions on company vehicles, and background checks that show the arrest and any conviction.
• Professional licensing: Many boards require disclosure of arrests or convictions. Deadlines and wording matter.
• Insurance: SR‑22 filings and premium increases are common for three years or more after a conviction or ALR suspension.
• Travel: Some countries restrict entry after certain convictions. Always verify before booking.
• Housing and education: Applications can ask about arrests and convictions. Outcomes vary by institution.

Definitions and quick references that keep the chart in context

• ALR hearing: A civil hearing to fight your driver license suspension. Request within 15 days to preserve rights.
• Community supervision: Texas term for probation. Violations can result in jail time or revocation.
• Ignition interlock: A device that prevents the vehicle from starting if alcohol is detected. Often required for high BAC or repeat arrests.
• Mandatory state fine: A separate statutory amount at conviction. Currently $3,000 for a first, $4,500 for a second within 36 months, and $6,000 for BAC 0.15 or higher on the case of conviction. Courts also may assess a separate fine up to the cap for the case class.

Houston DWI jail time and fines: what your calendar and budget might look like

Plan on multiple court dates over several months. Set aside funds for ignition interlock if ordered, class and panel fees, ALR filing fees, and rising insurance. If your job requires driving to sites around Harris County, build a transportation plan right away. The difference between being sidelined and staying productive often comes down to preserving driving rights and keeping court conditions fully satisfied.

Frequently asked questions about the penalty for a DWI in Texas

Is a first DWI in Texas a misdemeanor or a felony?

It is a misdemeanor unless there is a child in the car, a serious injury, or a death. A first DWI with BAC under 0.15 is Class B, and a first with BAC 0.15 or higher is Class A. A child passenger makes it a state jail felony even for a first arrest.

How long does a DWI stay on my record in Texas?

A DWI arrest record does not automatically disappear. Some first offenders may seek an order of nondisclosure after a waiting period if they qualify, but not all cases are eligible. Felony convictions are the most damaging and are harder to limit.

What is the license suspension for a Houston DWI?

There are two tracks. Civil ALR suspensions are often 90 days for a test failure and 180 days for a refusal on a first contact, longer with priors. Criminal conviction suspensions are typically 90 days to 1 year for a first conviction and 180 days to 2 years for repeat convictions.

Can a first offense DWI in Texas be dismissed or reduced?

Sometimes. Outcomes depend on the stop, testing, video evidence, and legal issues. Deferred adjudication may be available for certain first offenders under specific conditions, yet it still carries obligations and can count for enhancement if there is another arrest later.

How much will a Texas DWI actually cost?

Expect more than the court fine. Add the mandatory state fine at conviction, class and interlock costs, ALR fees, and higher insurance. For many people, the total runs into several thousand dollars over the first year.

Why acting early matters and a simple next‑steps checklist

Early action protects your license, protects evidence, and gives you room to negotiate. Waiting risks a default suspension and missed opportunities that can keep you off job sites and away from your routine. If you are a provider like Mike, momentum in the first two weeks sets the tone for the whole case.

• Mark the ALR 15 day deadline and submit the hearing request. Use the guide linked above.
• Collect documents: bond paperwork, the DIC forms, tow receipt, and any medical records.
• Write a timeline the same day while details are fresh, including who, where, and what was said.
• Identify cameras: bar or restaurant video, nearby businesses, dashcam sources, and home doorbell cameras.
• Get organized: insurance policy, vehicle documents, and work calendar conflicts for court dates.
• Consult a qualified Texas DWI lawyer about defenses, license options, and realistic outcomes in your county.
• For a practical deep dive in plain English, see this interactive Q&A resource with practical DWI tips.

Watch: a quick primer on what counts as DWI in Texas

This short video explains how Texas defines DWI and how offense level, BAC, and prior convictions change punishment. If you are sorting out where your facts land in the chart, this is a fast way to get oriented before you map next steps.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
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