Texas DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §49.04
A first DWI in Texas is classified as a Class B misdemeanor.
- Jail: 72 hours (3 days); 6 days if open container found in vehicle minimum to 180 days maximum
- Fine: $0 to $2,000
- License suspension: 90-365 days
- Substance abuse program: DWI education program (12-hour course) required; alcohol/drug evaluation and treatment may be ordered as condition of probation
- Community service: 24-100 hours of community service may be ordered
- Probation: available
Second offense
- Jail: 30 days minimum to 1 year maximum
- Fine: $0 to $4,000
- License suspension: 180 days to 2 years
Third and subsequent offenses
- Jail/prison: 2 years (state prison) minimum to 10 years (state prison) maximum
- Fine: $0 to $10,000
- License suspension: 180 days to 2 years
- Felony threshold: third offense is a third-degree felony §49.09(b); also felony if DWI with child passenger under 15 §49.045 or intoxication assault/manslaughter §49.07, § 49.08
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DWI | 72 hours (3 days); 6 days if open container found in vehicle–180 days §49.04 | $0–$2,000 §49.04 | 90-365 days §49.04 | |
| Second DWI | 30 days–1 year §49.04 | $0–$4,000 §49.04 | 180 days to 2 years §49.04 | |
| Third DWI | 2 years (state prison)–10 years (state prison) §49.04 | $0–$10,000 §49.04 | 180 days to 2 years §49.04 |
Lookback period
Texas uses a lifetime (no washout — all prior DWI convictions count regardless of age) Lookback period to determine how prior offenses affect sentencing. Only DWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §49.04(d)
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- 1st offense: 72 hours (3 days); 6 days if open container found in vehicle to 180 days jail, $0-$2,000 fine, 90-365 days suspension
- 2nd offense: 30 days to 1 year jail, $0-$4,000 fine
- 3rd+ offense: 2 years (state prison) to 10 years (state prison) jail, $0-$10,000 fine
- Lookback period: lifetime (no washout — all prior DWI convictions count regardless of age)