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
| Offense | Level | Jail / prison | Court fine | State fine* | License suspension |
|---|---|---|---|---|---|
| DWI — 1st offense | Class B | 72 hrs–180 days | $2,000 | $3,000 | 90 days–1 year |
| DWI 1st — BAC 0.15+ | Class A | Up to 1 year | $4,000 | $6,000 | Up to 1 year |
| DWI — 2nd offense | Class A | 30 days–1 year | $4,000 | $4,500 | 180 days–2 years |
| DWI — 3rd+ offense | 3rd-degree felony | 2–10 years | $10,000 | $4,500 | Up to 2 years |
| DWI w/ child passenger | State jail felony | 180 days–2 years | $10,000 | — | +180 days |
| Intoxication assault | 3rd-degree felony | 2–10 years | $10,000 | — | Up to 2 years |
| Intoxication manslaughter | 2nd-degree felony | 2–20 years | $10,000 | — | Up 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Transportation Code § 709.001, created by HB 2048 (2019) when the old Driver Responsibility Program surcharges were repealed.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.
Content last reviewed: