The document explains DWI penalties in Texas, detailing consequences for first, second, and third offenses, which range from misdemeanors to felonies with potential jail time, fines, and probation. Additional costs include surcharges for maintaining a driver's license, higher insurance premiums, and the impact of a permanent criminal record. Special considerations apply when a child is present in the vehicle or in cases of intoxication-related assault or manslaughter.

1. Understanding DWI Penalties in Texas
If you have been arrested for a DWI in Texas, it is important to know and understand some of the laws and
consequences you may face.
First, Second, and Third DWI Penalties
First time DWI penalties
A first time DWI charge in Texas is either a Class A or a Class B Misdemeanor:
Jail Time Fine
Class A Misdemeanor Up to 1 year $4,000
Class B Misdemeanor 72 hours to 180 days $2,000
You will be charged with a Class B Misdemeanor if either your breath or blood sample indicates a
concentration below 0.150, but will be charged with a Class A Misdemeanor if 0.150 or higher. However, if
the police obtain neither a breath or blood sample, you will automatically be charged with a Class B
Misdemeanor.
This is why, since you most likely cannot know your exact blood alcohol concentration, it may be better to
not agree to take a breathalyzer test or give a blood sample.
First time DWI offenders will most likely not have any jail time, as most people are offered probation while
their case is pending. The terms of probation might be something like: 180 days that would have been spent
in county jail would instead be given as probation time for 18 to 24 months, and would likely include
community service, restitution, counseling, and education services. You would also likely be able to keep
your driver’s license as long as you maintain a valid auto insurance policy.

2. Second DWI penalties
In Texas, if you are convicted for DWI for a second time,
you will be charged with a Class A Misdemeanor
regardless of your blood alcohol concentration. If placed
on probation, you will serve a minimum of 72 hours in jail.
But, if you are convicted within five years for a second DWI
and are placed on probation, you will serve a minimum five
day jail sentence.
Third DWI penalties
If you are convicted for a third DWI in Texas, you will be charged with a Third Degree Felony regardless of
your blood alcohol concentration. You could serve between two and ten years in prison and be charged up
to a $10,000 fine. If placed on probation, you will serve a minimum ten days in jail.
Additional Costs and Consequences
There are many penalties and costs associated with a conviction, including the obvious permanent criminal
record that can be viewed by potential employers, landlords, and even lenders.
Three years following a conviction, the Texas Department of Public Safety will require a surcharge of
$1,000 to $2,000 each year (depending on your blood alcohol concentration) to keep your driver’s license.
Your driver’s license will be suspended if you choose not to pay, and you will be committing another crime if
you drive with a suspended license (if caught, your probation will likely be revoked).
You also must have an SS-22 auto insurance policy for two years, which has much higher premiums. The
Texas Department of Public Safety is notified if your policy is canceled for any reason, and additional
surcharges will be added on if you are convicted for “failure to maintain financial responsibility” (driving
without insurance).
Other DWI Convictions and Penalties
Second felony DWI
Punishment for a second Felony DWI depends on the punishment you received for your first Felony DWI. If
you already served prison time for your first Felony DWI and are now convicted of a separate Felony DWI,
you would face an enhanced penalty of a Second Degree Felony, which includes a fine of up to $10,000
and prison time of between two and 20 years.

3. Third felony DWI
Punishment for a third DWI depends on the punishment you received for your first and second Felony
DWIs. If you served prison time for the first two Felony DWIs and are now charged with a third Felony DWI,
you would face an enhanced penalty of a First Degree Felony, which is punishable by a fine up to $10,000
and between five and life in prison.
Driving while Intoxicated with a child in the car
Regardless of the number of DWIs, if one of your passengers is a child (15 years of age), you will be
charged with a State Jail Felony. If convicted, you will be sentenced to between 180 days and two years in
a State Jail Facility and must pay up to a $10,000 fine. Probation would be dependent on prior convictions.
Intoxication Assault and Manslaughter
In Texas, Intoxication Assault is when an intoxicated driver causes serious bodily injury (either creating a
substantial risk of death, causes serious permanent disfigurement, or loss/impairment of bodily member or
organ) to someone. Intoxication Assault is a Third Degree Felony, and if convicted is between two and 10
years in prison and up to a $10,000 fine. If placed on probation, you will serve a minimum 30 days in jail.
If someone dies, you will be charged with Intoxication Manslaughter, which is a Second Degree Felony that
carries up to a $10,000 fine and a prison term of between two and 20 years.
For More Information Please Visit:
http://www.criminal-attorney-austin-
texas.com/drunk-driving/