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DWI Penalties

DWI Penalties

Texas DWI Penalties

DWI: 1st Offense

Under Texas law, a first time DWI offense is a Class B Misdemeanor. The following are DWI penalties that could apply to a first-time offender’s case.

  1. Fine: not to exceed $2,000.00.
  2. Jail: confinement in County Jail for a term not less than 72 hours but not more than six (6) months.
  3. Community Service: between 24-100 hours

Note, per statute, if there is an open container of alcohol in your car when you were arrested, the minimum term of jail is six (6) days in the county jail.

All DWI cases are fact-intensive.  This means that your DWI punishment is dependent on certain key facts.  For example, was there an open container in the vehicle at the time of the arrest?  Was there a child in the vehicle at the time of the arrest?  These are critical DWI case questions in determining DWI penalties.

However, absent infrequent facts, most convicted first-time DWI offenders are granted community supervision or probation with conditions.  Typically, DWI probation is 1-2 years.  A few of the conditions of your DWI probation could be:

  • Drug/Alcohol Evaluation: the offender is required to submit to evaluation to determine whether the offender will commit a DWI in the future.  The evaluation also serves to determine whether there drug/alcohol abuse is a possibility.
  • DWI Education Class: must attend and complete the class within 180 days from date of conviction.  Doing so avoids a one-year driver license suspension, unless you are under the age of 21 at the time the offense was committed.
  • Victim Impact Panel: a forum where victims of drunk driving address DWI offenders of the perils of drinking and driving.
  • Monthly Supervisory Fee: perform specified hours of community or volunteer service.

The following are some possible conditions imposed on persons convicted of DWI with unusual facts:

  • Ignition Interlock Device
  • Alcohol Treatment Program (ex. Alcoholics Anonymous)
  • Consume No Alcohol: offender is subject to random urinalysis at their probation office.
  • Jail
  • Restitution: applies when an accident was involved.
  • Enhanced Penalties: based on prior alcohol or drug related history.

DWI: Second Offense

Persons arrested or accused of a second DWI or greater offense requires the Court to Order as a Condition of Release from Jail Bond, that the person install and maintain deep lung air device (ignition interlock device) on their vehicle while charges are pending. DWI penalties for a second DWI offense/conviction are:

  1. Fine: not to exceed $4,000.00
  2. Jail: confinement in County Jail for term of not less than 72 hours but not more than one year.
  3. Community Service: 80-200 hours
  4. Deep Lung Air Device: required for all 2nd-time DWI offenders.  The device is utilized for the entire period of probation.
  5. License Suspended: not less than 180 days or more than two years.

DWI: Third Offense and Greater

Under Texas law, a third-offense of DWI is classified as a third degree felony.  DWI Penalties can include:

  1. Fine: not to exceed $10,000.00.
  2. Jail: 2-10 years in the Texas Department of Criminal Justice.
  3. Deep Lung Air Device
  4. Community Service: 160-600 hours
  5. License Suspension: 180 days-2 years
  6. Rehabilitative Treatment
  7. Substance Abuse Felony Probation (SAFP)

Contact a Dallas and Collin County DWI Attorney Today

The range of DWI penalties is extensive.  If you or someone you know is facing a DWI charge, it is important to contact a Texas DWI attorney as soon as possible.  An Texas DWI attorney will look at all the facts involved in your case and will work with you throughout this tough process. Further, the DWI attorney will discuss all DWI Penalties that could apply to your case.

We invite you to contact Jared Hagood at The Hagood Law Firm if you or someone you know is currently facing a DWI charge.  Call Jared Hagood and The Hagood Law Firm at 214-706-0835 or e-mail him directly at







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