Penalties for DWI in Texas
Penalties for driving under the influence in Texas are steep. If convicted, you will be looking at fees, fines, jail, license suspension, and probation. If there is an associated injury or death with a DWI/DUI charge, your DWI/DUI can be elevated to a felony which carries even more significant penalties and jail/prison time.
Driving Under the Influence Under 21
Texas is a zero‑tolerance state, and if you are under 21 and found driving with a BAC of 0.01%, you can be convicted of a DWI or DUI. First‑time offenders will at minimum have their license suspended for up to a year plus a $500 fine. As BAC increases above certain limits, 0.05% and 0.08%, penalties become more severe. They can result in an adult misdemeanor DWI charge, up to 6 months in jail, fines, and be required to install an ignition interlock device (IID). Subsequently, further offenses can lead to more significant penalties.
Driving While Intoxicated Over 21
Those over the age of 21 will be charged with DWI and the following penalties apply.
|Texas DWI Offenses||Penalties|
|1st DWI offense (misdemeanor)||
Jail: 72 hours to 12 months jail
|2nd DWI offense (misdemeanor)||
Jail: 30 days to 1 year in jail
|3rd DWI offense (felony)||
Jail: 2-10 year in jail
|DWI with Child Passenger (felony)||
Jail: 180 days to 2 years state prison
|1st Offense Refuse Sobriety Test||
License: suspended 180 days
|2nd Offense Refuse Sobriety Test||
License: suspended two years
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