You Got a DWI in Texas – Now What? What to Know in 2025

It’s safe to say that pretty much everyone, no matter where they live, knows it’s against the law to drink and drive. We all know how dangerous it can be to drive after using illegal drugs or other controlled substances. 

Unfortunately, this doesn’t mean it doesn’t happen. If you receive a DWI in Texas and have been arrested for a DWI, it’s important to know what you’re up against.

What is a DWI in Texas?

Most states refer to driving after drinking or using drugs as driving under the influence (DUI). However, in Texas, the primary charge for adults who are found to be driving while under the influence is instead called driving while intoxicated (DWI), while DUIs are reserved for people under the age of 21.

Driving While Intoxicated charges in Texas

Under Texas law, you are considered to be driving while intoxicated if your blood alcohol content (BAC) is 0.08% or higher. If this is the case, you can be arrested, charged, and convicted of driving while intoxicated.

Additionally, the law criminalizes driving while showing signs of impairment, even if your BAC is less than 0.08%. This means you can still be arrested and convicted of driving while intoxicated if your BAC is under the legal limit.

Finally, you can also be arrested for and convicted of driving while intoxicated if you are impaired by a substance or a combination of substances. This can include prescription medication if it has impaired your ability to drive safely. 

Penalties for a DWI in Texas

If you’re convicted of driving while intoxicated in Texas, you could be looking at serious penalties. Here’s what you need to know:

OffensePenalties
First DWIJail time: 3 days – 6 months

Fines: Up to $2,000

Driver’s license suspension: 3 months – 1 year

• Required to install ignition interlock device (IID)

Increased Penalties if BAC is over 0.15% – Class A misdemeanor

Jail time: 3 days – 1 year

Fines: Up to $4,000

• Driver’s license suspension: 3 months – 1 year

• Required to install ignition interlock device (IID)
Second DWIJail time: 3 days – 1 year

Fines: Up to $4,000

Driver’s license suspension: 3 months – 1 year

• Required to install ignition interlock device (IID)
Third DWIJail time: 2 – 10 years in Texas Department of Criminal Justice

Fines: Up to $10,000

Driver’s license suspension: 180 days – 2 years

• Required to install ignition interlock device (IID)
Photo by Wander Fleur on Unsplash

First DWI offense in Texas

For a first DWI offense in Texas, you will be charged with a Class B misdemeanor. The penalties include the following: 

  • Up to $2,000 in fines
  • Between 3 days and 6 months in jail 
  • Driver’s license suspension for 3 months to one year
  • Ignition interlock device

Increased Penalties with Higher BAC

If your BAC was 0.15% or higher, you will be charged with a Class A misdemeanor and face enhanced penalties, including:

  • Fines up to $4,000
  • Between 3 days and one year in jail 
  • Driver’s license suspension for 3 months to one year 
  • Ignition interlock device

The exact penalties will depend on the circumstances of the case.

Second DWI offense

If you find yourself facing a second driving while intoxicated charge, you will be facing a Class A misdemeanor. This means the penalties are the same as they would be for a first DWI with a BAC of 0.15% or higher:

  • Fines up to $4,000
  • Between 3 days and one year in jail 
  • Driver’s license suspension for 3 months to one year 
  • Ignition interlock device

Third DWI offense

For a third DWI, you will be charged with a third-degree felony and face the following penalties:

  • Fines up to $10,000
  • Between 2 and 10 years in Texas Department of Criminal Justice
  • Driver’s license suspension for 180 days to two years
  • Ignition interlock device

If you have previously served a state prison sentence or there are other aggravating factors present, this can be elevated to a more serious felony, depending on the circumstances. Each subsequent DUI tends to bring harsher penalties, as well. To learn more about the specifics of DWI penalties, it’s always a good idea to reach out to a criminal defense lawyer in Texas as soon as possible. 

Driving Under the Influence charges in Texas

In Texas, driving under the influence (DUI) is a charge reserved for individuals under the age of 21.

It’s key to note that Texas has a zero-tolerance law, meaning minors are not permitted to have any amount of detectable alcohol in their system while operating a vehicle. So, even if a person under 21 registers something as low as a 0.01% BAC, they can be arrested and convicted of a DUI.

OffensePenalties
DUI by a minor under 17: First offenseFines: Up to $500

Community service: 20 – 40 hours

Driver’s license suspension: 60 – 180 days

• Completion of alcohol awareness course for both minor and possibly parents
DUI by a minor under 17: Second offenseFines: Up to $500

Community service: Up to 60 hours

Driver’s license suspension: 120 days – 2 years

• Completion of alcohol awareness course
DUI by a minor aged 17 – 20: First offenseFines: Up to $2,000

Jail time: 72 hours – 180 days

Driver’s license suspension: 1 year, possibly reduced to 90 days with ignition interlock device (IID) installed
DUI by a minor aged 17 – 20: Second offenseFines: Up to $4,000

Jail time: 30 days – 1 year

Driver’s license suspension: 180 days to 18 months
DUI by a minor aged 17 – 20: Third offenseFines: Up to $10,000

Jail time: 2 – 10 years

Driver’s license suspension: 180 days to 2 years
Photo by kevin laminto on Unsplash

Penalties for DUI by a minor under 17

The penalties of a DUI charge for a minor under 17 years old can be severe and vary depending on criminal history.

First Offense DUI

A first offense of DUI by a minor under 17 is classified as a Class C Misdemeanor in Texas. The penalties for this offense include:

  • A fine of up to $500
  • 20 to 40 hours of community service
  • License suspension of 60 to 180 days
  • Completion of an alcohol awareness course for both the minor and their parents may be required

Second Offense DUI

A second offense of DUI by a minor under 17 is still classified as a Class C Misdemeanor, but the penalties increase. They include:

  • Fines up to $500
  • Up to 60 hours of community service
  • License suspension of 120 days to 2 years
  • Completion of an alcohol awareness course

Penalties for DUI by a Minor Aged 17 to 20

Consequences of a DUI by a minor between the ages of 17 and 20 are typically more severe.

First Offense DUI

For minors aged 17 to 20, a first offense of DUI is classified as a Class B Misdemeanor. The penalties for this offense include:

  • Fines up to $2,000
  • Jail time ranging from 72 hours to 180 days
  • License suspension for 1 year, potentially reduced to 90 days with an ignition interlock device (IID) installed

Second Offense DUI

A second offense of DUI by a minor aged 17 to 20 is classified as a Class A Misdemeanor. The penalties include:

  • Fines up to $4,000
  • Jail time from 30 days to 1 year
  • License suspension of 180 days to 18 months

Third Offense DUI

A third offense of DUI by a minor aged 17 to 20 is classified as a felony DWI. The penalties include:

  • Imprisonment for 2 to 10 years
  • Fines up to $10,000
  • License suspension for 180 days to 2 years

No matter which type of charge you’re facing, the repercussions are severe and long-lasting. Make sure you speak with a criminal defense lawyer as soon as possible. 

4 steps to take after being arrested for driving under the influence

If you’ve been arrested for DUI or DWI in Texas, it’s important to take certain steps to give you the best chance of resolving your case with a favorable outcome. Here are important actions to consider:

1. Hire a qualified attorney

The most important step you can take after being arrested for driving under the influence or driving while intoxicated is to reach out to an experienced and competent criminal defense lawyer. They will give you the best chance at walking away without a criminal record.

It is critical to stay informed about court dates, deadlines, and any legal obligations or requirements. Attend all court hearings and always bring any required documentation.

3. Proactively monitor your sobriety

Take charge of your sobriety. Regular monitoring and abstinence can be beneficial not only for your health but also for your court case.

Luckily, it’s easier than ever to stay accountable for your sobriety, thanks to technology. You can use a portable breathalyzer that connects to an app on your smartphone. This setup allows you to check your blood alcohol content right from the device, and prove that you have remained sober for an extended period of time. You can then share your results with anyone – whether that’s a friend, family member, or your attorney. 

Some devices, like BACtrack View, even offer video features, which add an extra layer of transparency. It’s a straightforward way to stay on track and let others know you’re doing well. Monitoring this way can provide peace of mind both for you and those supporting you on your journey.

Curious to see how BACtrack View works? Try it free for 14 days.

real bactrack view customer using breathalyzer in car
Real BACtrack View user, Brooke, using her breathalyzer

4. Attend court-ordered or voluntary DUI classes

In some cases, attending court-ordered or DUI classes may be part of the legal process. If this is the case, sign up and begin right away. Even if you aren’t required to take classes or participate in any type of rehabilitation, it’s a good idea to do so voluntarily. You can show the judge and the prosecutor that you are taking the situation seriously, which could favorably impact your case.

Every case is unique, but if you take these steps – you’ll have the best chance of mitigating the potential consequences.

Sources

About The Author

Rachael Goldstein
Rachael Goldstein
JD
Rachael Goldstein is an accomplished legal copywriter and editor with a career arc that traces back to the courtroom. St... Read More
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