DUI in Texas: DWI Penalties, License Suspension, and Costs

A DWI in Texas triggers two separate legal problems from a single arrest. The criminal side of a standard first offense is a Class B misdemeanor punishable by 72 hours to 180 days in county jail and a fine of up to $2,000.¹ The administrative side, run by the Department of Public Safety, can suspend your license roughly 40 days after arrest whether or not you are ever convicted. A high blood alcohol level, a prior conviction, a child in the car, or a school zone pushes the charge higher, sometimes into felony territory. What follows is what each stage actually involves and what it costs.

What Counts as DWI in Texas

You are legally intoxicated in Texas if you have lost the normal use of your mental or physical abilities due to alcohol, drugs, or a combination, or if your blood alcohol concentration is 0.08 or higher.² Either path independently supports the charge, so a BAC under 0.08 does not automatically defeat a case if the officer documents impairment.

One vocabulary point matters here. In Texas, “DUI” is a distinct, less severe offense that applies only to drivers under 21 with any detectable alcohol. If you are 21 or older, the charge you face is DWI. Everything in this article addresses that adult charge.

Your License Is at Risk Before Any Conviction

The administrative license revocation (ALR) process runs on its own track through the Department of Public Safety and can suspend your driving privileges even if the criminal case is later dismissed. It triggers when you either refuse a breath or blood test or fail one with a BAC of 0.08 or higher.

By driving on Texas roads you have already consented to provide a specimen if lawfully arrested for DWI.³ You can still refuse, but refusal carries an automatic 180-day suspension for a first refusal, or two years if you have any prior alcohol-related enforcement contact within the last decade.⁴ Refusing also does not necessarily stop the blood draw. Officers routinely obtain search warrants authorizing a mandatory draw, especially where there was an accident, injury, or prior DWI history.

Suspension lengths for a first offense are:

The clock that matters most is short. At arrest, the officer takes your license and hands you a notice that doubles as a temporary permit. You have 15 days from that notice to request a hearing with the State Office of Administrative Hearings. Miss that window and the suspension goes into effect on the 40th day after notice with no chance to contest it. At the hearing, an administrative law judge reviews whether the stop and arrest were valid and whether you actually failed or refused the test. A procedural defect can end the suspension entirely.

The Criminal Penalties for a First DWI

A standard first DWI with a BAC under 0.15 is a Class B misdemeanor. The exposure looks like this:

Jail: 72 hours minimum, up to 180 days in county jail¹
Fine: up to $2,000
License suspension: up to two years⁵
Mandatory 12-hour DWI education course
Community service, commonly ordered as a probation condition

If you had an open container of alcohol in the vehicle, the minimum jail term doubles to six days, though the offense remains a Class B misdemeanor.¹ Most first-time offenders receive probation rather than serving out the full jail range, but the conviction still sits on your criminal record.

When a DWI Becomes More Serious

Several circumstances lift the charge well above the standard first-offense range, and they stack.

BAC of 0.15 or Higher

Even on a first arrest, a BAC of 0.15 or higher makes the offense a Class A misdemeanor.¹ That means up to a year in county jail and a fine of up to $4,000.⁶ Courts routinely add an ignition interlock at this level.

Second DWI

A second DWI is a Class A misdemeanor regardless of BAC, carrying a mandatory minimum of 30 days in jail, a fine ceiling of $4,000, and up to a year of jail time.⁷ An ignition interlock is mandatory. There is no lookback limit on prior convictions. A DWI from 20 years ago still counts.

Third DWI

A third DWI is a third-degree felony punishable by 2 to 10 years in state prison and a fine of up to $10,000.⁸ The same felony treatment applies to a second DWI if you have a prior intoxication manslaughter conviction.⁷ The felony record itself creates lasting consequences for firearm rights, voting while incarcerated, and employment.

Child Passenger Under 15

Driving while intoxicated with a passenger younger than 15 is automatically a state jail felony, regardless of BAC or prior record.⁹ Punishment is 180 days to two years in a state jail facility and up to a $10,000 fine. This charge frequently brings a Child Protective Services investigation and can spill into custody proceedings.

School Crossing Zone

Driving while intoxicated in a school crossing zone during posted reduced-speed hours is a state jail felony on a first offense, with the same 180-day-to-two-year range and $10,000 fine ceiling.¹

The Real Cost of a Conviction

The fine printed in the statute is only a fraction of what a DWI actually costs.

Ignition Interlock

An ignition interlock is mandatory for a first offense at BAC 0.15 or higher and for all second and subsequent offenses. Judges can also impose one on a standard first offense at their discretion. Installation typically runs $100 to $200, with monthly monitoring fees of $70 to $100. A year of required use easily exceeds $1,000.

Education and Evaluation

First-time offenders must complete a 12-hour DWI education program. Repeat offenders take a longer 32-hour DWI intervention program with more intensive counseling. A substance abuse evaluation, often required, runs several hundred dollars.

Insurance and SR-22

Auto insurance rates climb sharply after a DWI conviction. Industry data shows average full-coverage premiums rising roughly 88%, about $183 more per month compared to a clean record, and the surcharge persists for the three to five years most insurers look back.

Texas also requires you to file an SR-22 certificate of financial responsibility, a form your insurer submits to the state confirming you carry the minimum required liability coverage. The SR-22 must stay in force for two years from the conviction date.¹⁰ Any lapse in coverage during those two years prompts the insurer to notify DPS, and your license is suspended again.

Adding It Up

Once you combine the fine, court costs, DWI education fees, probation supervision fees, interlock costs, the $100 license reinstatement fee, higher insurance premiums, and the SR-22 filing, a first DWI commonly costs $10,000 to $15,000 or more over the first several years. Repeat offenses and felony charges push that figure substantially higher.

What Is No Longer on the Bill

Older articles about Texas DWI often reference annual Driver Responsibility Program surcharges of $1,000 to $2,000 per year for three years. That program was repealed in 2019 under House Bill 2048, and all existing surcharges were waived.¹¹ Any resource still citing those surcharges is out of date. The repeal did not change any other DWI penalty or cost.

Getting Back on the Road

During a suspension, whether administrative or from a conviction, you can petition the court for an occupational driver’s license that permits limited driving for work, school, household duties, and medical appointments.¹² The judge sets the hours and routes, and an ignition interlock is commonly a condition. The petition, hearing, and court costs take effort, but the license can be the difference between keeping and losing a job.

When the suspension period ends, your license does not restore automatically. You pay a reinstatement fee to DPS, provide proof of an active SR-22 filing, and, if applicable, show completion of the required DWI education program.¹⁰ Only then does DPS reissue driving privileges.

1
State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated
2
State of Texas. Texas Penal Code 49.01 – Definitions
3
State of Texas. Texas Transportation Code 724.011 – Consent to Taking of Specimen
4
State of Texas. Texas Transportation Code 724.035 – Suspension or Denial of License
5
Texas Department of Public Safety. Alcohol-Related Offenses
6
State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
7
State of Texas. Texas Penal Code 49.09 – Enhanced Offenses and Penalties
8
State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
9
State of Texas. Texas Penal Code 49.045 – Driving While Intoxicated With Child Passenger
10
Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22)
11
Texas Department of Public Safety. Driver Responsibility Program Repealed
12
Texas State Law Library. Occupational Drivers License