Updated August 2026 · Texas Penal Code ch. 49 · Transportation Code § 709.001

Texas DWI penalties stack: there's the criminal fine, a separate state fine most websites never mention, license suspensions from two different proceedings, and costs that keep arriving for years. Here is the complete picture, current for 2026.

Texas DWI penalty chart

OffenseLevelJail / prisonCourt fineState fine*License suspension
DWI — 1st offenseClass B72 hrs–180 days$2,000$3,00090 days–1 year
DWI 1st — BAC 0.15+Class AUp to 1 year$4,000$6,000Up to 1 year
DWI — 2nd offenseClass A30 days–1 year$4,000$4,500180 days–2 years
DWI — 3rd+ offense3rd-degree felony2–10 years$10,000$4,500Up to 2 years
DWI w/ child passengerState jail felony180 days–2 years$10,000+180 days
Intoxication assault3rd-degree felony2–10 years$10,000Up to 2 years
Intoxication manslaughter2nd-degree felony2–20 years$10,000Up to 2 years

*Separate statutory fine under Transportation Code § 709.001, created by HB 2048 (2019) when the old Driver Responsibility Program surcharges were repealed. Assessed in addition to the court fine: $3,000 for a first conviction, $4,500 for a second within 36 months, $6,000 whenever BAC is 0.15 or higher.

The administrative (ALR) suspension — separate from court

Independent of the criminal case, the Texas DPS suspends your license if you fail or refuse a breath/blood test: 90 days for a first failed test; 180 days for a first refusal — doubled or worse with prior alcohol-related contacts. You have 15 days to request an ALR hearing to fight it.

The costs that don't appear on the chart

  • Ignition interlock: roughly $70–$100/month plus $100–$150 installation — mandatory for repeat offenses and common for high-BAC cases.
  • Insurance: SR-22 filings and premium increases commonly total thousands over 3–5 years.
  • Classes and probation fees: DWI education programs, evaluation fees, and monthly supervision costs.
  • License reinstatement: $125 ALR reinstatement fee plus DPS fees.
  • Career impact: a conviction appears on background checks indefinitely — Texas DWI convictions can't be expunged.

All told, even a "routine" first DWI commonly runs $10,000–$17,000 in total lifetime cost. Our full cost breakdown walks through every line item.

The takeaway: penalties are maximums, not destinies. Reductions, probated sentences, and dismissals happen every week in DFW courts — almost always with an attorney who knows what to look for. Start with a free case review.

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