Penalties and Consequences of a DWI in Texas

Texas DWI fines and penalties by offense level escalate quickly: a first DWI can bring up to 180 days in jail, fines up to $2,000, a 90 day to 1 year license suspension, and possible ignition interlock, while repeat or aggravated offenses can mean felony charges, up to 10 years in prison, fines up to $10,000, and multi year license suspensions. Beyond court punishment, expect added state fines on conviction, higher insurance, time off work for court and classes, and strict probation rules. If you were arrested in Houston or a nearby county, the administrative license clock starts immediately, so understanding your deadlines matters.

Quick overview of Texas DWI fines and penalties by offense level

If you manage crews, support a family, and need your truck every day, you want the straight numbers. Here is a practical summary of how Texas classifies DWI and what a court could impose. For plain language detail across first, second, and felony levels, see this overview of Texas DWI penalties and punishment ranges. For the statutes that define these offenses and maximum fines and jail ranges, review Texas Penal Code Chapter 49: statutory DWI offenses and penalties.

Offense level	Charge class	Jail or prison range	Possible court fine	Typical added state fine on conviction	Conviction license suspension	Ignition interlock tendency
First DWI, BAC under 0.15	Class B misdemeanor	3 to 180 days	Up to $2,000	Often about $3,000	90 days to 1 year	Possible, often ordered as a bond or probation condition
First DWI with BAC 0.15 or more	Class A misdemeanor	Up to 1 year	Up to $4,000	Often about $6,000	Up to 1 year	Common as a bond and probation condition
Second DWI	Class A misdemeanor	30 days to 1 year	Up to $4,000	Often about $4,500	180 days to 2 years	Very likely required
Third or more DWI	Third degree felony	2 to 10 years in prison	Up to $10,000	Varies by outcome	180 days to 2 years	Almost always required
DWI with child passenger under 15	State jail felony	180 days to 2 years	Up to $10,000	Varies by outcome	Up to 2 years	Very likely required
Intoxication assault	Third degree felony	2 to 10 years	Up to $10,000	Varies by outcome	Up to 2 years	Almost always required
Intoxication manslaughter	Second degree felony	2 to 20 years	Up to $10,000	Varies by outcome	Up to 2 years	Almost always required

Two quick notes. First, some first offenders are eligible for deferred adjudication in Texas. That is not a conviction if successfully completed, but it still brings strict conditions and can include an ignition interlock. Second, courts in Harris County commonly set bond conditions that require no alcohol, no bars, and interlock or a portable breath device even before your case is resolved.

You are juggling job sites and family schedules, so a realistic plan matters more than labels. Focus on the calendar and cost items you control in the first 15 days.

License suspensions: ALR deadlines, how long, and driving while your case is pending

Texas has a civil driver license process separate from the criminal case. If you refused testing or tested at or above the legal limit, DPS can start a civil suspension called Administrative License Revocation. You have 15 days from the date you received notice to request a hearing. Missing that date means an automatic suspension on the 40th day after notice.

For official details and timelines, see the Texas DPS overview of the ALR program and timelines. For step by step help on requesting the hearing and what to expect, read how to request an ALR hearing and 15‑day deadline. If you want a deeper walk through with dates and examples, this blog post offers a detailed timeline for ALR and suspension lengths.

Typical ALR suspension lengths for adults

Situation	First event in 10 years	Prior ALR or DWI in 10 years
Breath or blood test failure	90 days	1 year
Test refusal	180 days	2 years

In Houston, many people keep working by seeking an occupational driver license if suspended. Judges often require ignition interlock, strict hours, and route limits. The occupational license is not automatic and you should expect paperwork, court orders, and SR 22 insurance proof before driving again.

If you are the Working Family Worrier, put these two dates on your fridge: the ALR request by Day 15, and the 40 day start date if you do not request a hearing. These two dates decide whether you can legally drive to the job site next month.

Texas ignition interlock device requirements

Texas courts frequently require an ignition interlock device as a bond condition or a condition of community supervision. Interlock is common for BAC 0.15 or higher, for any second offense, for felony DWI, and when a judge believes it will protect the community. If you seek an occupational license after an ALR suspension, expect a judge to require interlock or a portable alcohol monitor for at least part of the restricted period.

Costs add up. Installation usually runs about $75 to $150, with monthly monitoring around $70 to $120. Many Harris County courts also order camera equipped interlocks and rolling retests. If you drive a work truck, talk with your employer about where the unit can be installed and whether a pooled vehicle is an option.

Common misconception to correct: people often think interlock is only for repeat offenders. In practice, courts can and do order interlock even on first offenses with high BAC or concerning facts, and many people accept interlock to secure a non jail resolution.

DWI probation vs. jail time in Texas

Most first time DWI cases that end in a conviction or deferred adjudication involve community supervision rather than straight jail. Probation is not easy, but it lets you keep working, care for your family, and drive under strict rules. Typical community supervision runs 12 to 24 months for a misdemeanor and longer for a felony. Conditions commonly include interlock, classes, community service, alcohol evaluation and any recommended treatment, check ins, and a no alcohol condition.

Jail exposure is real. Even on probation, you may serve a short jail term up front, for example 3 to 6 days, or longer if it is a second offense. Judges also hold the full sentence over your head if you violate terms. Weigh the tradeoffs with a Texas DWI lawyer who can lay out realistic probation packages and the risks of any plea or trial posture.

Side by side comparison: probation or jail

Path	Upsides	Tradeoffs and costs	Who it fits
Community supervision	Keep your job and family routine. Structured treatment. Chance to seal in some cases.	Monthly fees, classes, interlock, time demands, compliance risk.	Most first offenders, many second offenders, people who must keep working.
Straight jail sentence	Finite time, sometimes fewer ongoing obligations.	Immediate custody, job disruption, license and insurance fallout still apply.	Limited cases where probation is not viable or has been revoked in the past.

If you run a crew, you need predictable hours. Probation can be planned around your shift with early morning check ins, online classes where allowed, and weekend community service, but you must budget the time.

How does a DWI affect your insurance rates?

After a DWI arrest, insurers often re rate your policy at renewal. Rate increases vary, but many Houston drivers see 40 to 90 percent increases for several years. Some carriers will non renew entirely. If your license is suspended and you need an occupational license, you will also need SR 22 proof of financial responsibility. Expect to maintain SR 22 for the length of any suspension and often two years from reinstatement.

To see how the dollars add up across fines, fees, and premiums, review this itemized estimate of fines, fees, and insurance hikes. It can help you set a family budget and avoid surprises.

Can a DWI affect your child custody case?

Texas courts decide custody by the best interest of the child. A single misdemeanor DWI does not automatically change custody, but judges look closely at any pattern of alcohol misuse, a high BAC, an accident, or a child in the car. A DWI with child passenger is a felony that can lead to protective provisions, limited access, or supervised visitation. Completing treatment, interlock compliance, and a clean testing record can show the family court that you are taking safety seriously.

If you are raising kids in Houston, think ahead to school pickups, after school sports, and medical appointments. The faster you build a track record of clean tests and safe driving, the better you can answer hard questions later.

Real world example for the Working Family Worrier

Jared is a 36 year old construction manager in Harris County. After finishing a project, he was stopped on the way home, refused a breath test, and received the temporary driving permit. He requested his ALR hearing within 12 days and kept his license active while the case moved forward. Jared installed an interlock as a bond condition, did an alcohol evaluation, and started weekly counseling. His insurance agent quoted a 55 percent increase at renewal, so he shifted to a higher deductible to keep the premium workable. The family calendar changed for a few months, but with the hearing on the calendar and work letters in hand, he stayed on his job and kept income steady during the case.

Key definitions that shape penalties

• Intoxicated means not having normal use of mental or physical faculties by reason of alcohol or drugs, or having an alcohol concentration of 0.08 or more. See the statutory definitions in Texas Penal Code Chapter 49: statutory DWI offenses and penalties.
• ALR is the civil license suspension process that starts after a test failure or refusal. Learn process steps on the Texas DPS overview of the ALR program and timelines.
• Deferred adjudication is a form of community supervision that can avoid a conviction if completed but still has serious conditions and possible non disclosure limits.
• Occupational driver license is a court authorized restricted license for essential needs like work, school, and household duties, often with interlock and route limits.

Texas DWI costs you should expect in the first 60 to 90 days

The numbers below are examples to help you plan. Actual figures will vary by county, provider, and the terms a court orders in your case.

Item	Typical range	When it hits	Notes
Tow and impound	$150 to $350	Day 1	Higher if impound holds longer than 24 hours
Bond fees	$250 to $750	Day 1 to 2	Varies with charge level and bond type
Ignition interlock installation	$75 to $150	Week 1 to 2	Camera units often required in Harris County
Interlock monthly monitoring	$70 to $120	Monthly	Plus calibration appointments
Alcohol education class	$70 to $125	First 60 days	May be required early in many courts
License reinstatement	$125	After suspension	Plus SR 22 if required
Insurance increase	40 to 90 percent	At renewal	Shop carriers, adjust deductibles, consider telematics
Court fines and state fines on conviction	Varies by offense	At disposition	See the penalty table above for typical ranges

Analytical Planner: dates, timelines, and probabilities

Analytical Planner: if you like to see the path mapped out, use this simple timeline. It is not a promise of results. It is a sanity check so you can plan work and childcare.

• Day 0: Arrest, vehicle towed, temporary driving permit issued. Bond and bond conditions set, often including interlock.
• Day 1 to 5: Retain counsel, gather job and family obligations, start an alcohol evaluation, schedule interlock installation if required.
• Day 1 to 15: File ALR hearing request. Missing Day 15 usually means a civil suspension starting on Day 40.
• Week 3 to Month 2: First court settings. Discovery requested. Early classes or community service can begin if strategically helpful.
• Months 2 to 6: Negotiations, motion hearings, and ALR hearing. Occupational license pursued if needed.
• Months 3 to 9: Resolution options range from dismissal to reduction to a negotiated plea or trial. Community supervision terms, if any, begin at disposition.

Helpful note: keeping a clean interlock record and completing recommended treatment early tend to improve options. Courts like to see behavior change that protects the community.

Career-Protection Executive: discretion and reputation safeguards

Career-Protection Executive: if reputation and privacy are critical, ask about settings that minimize time in public court lines, how to handle travel while on bond or probation, and options to keep alcohol testing results confidential. Many Houston courts allow counsel to appear for routine settings while you work, and some monitoring providers offer discreet devices.

License-Conscious Nurse: professional-license questions

License-Conscious Nurse: healthcare boards focus on patient safety and truthfulness. A single misdemeanor may not end a career, but missing reporting deadlines or ignoring testing orders can. Track any Board of Nursing self report obligations and keep documentation of clean tests, classes, and counseling. Be sure any occupational license orders allow you to commute to shifts at odd hours.

Casual Unaware: plain-language risk summary

Casual Unaware: a DWI is not a normal traffic ticket. You can lose your license before any conviction, pay thousands in fines and fees, and face interlock and higher insurance. A second offense or a child in the car can lead to felony charges. Acting early on the license hearing and making a clean testing record can change outcomes.

High-Status Guardian: confirmation of high quality, discreet outcomes

High-Status Guardian: outcomes depend on facts and the law, not status. What you can control is fast organization, a plan for testing and treatment, and a clear timeline. Discretion improves when court appearances are handled efficiently, paperwork is complete, and there are no violations.

How long is a license suspended for a DWI in Texas?

People in Houston ask this first because driving equals working. If you failed a test, the ALR suspension can be 90 days for a first event or 1 year with a prior in 10 years. If you refused, it can be 180 days or 2 years with a prior. On conviction, separate criminal suspensions apply, often 90 days to 1 year for a first misdemeanor and up to 2 years for later or felony cases. You can challenge ALR and pursue an occupational license to keep family income steady.

Can you get a DWI off your record in Texas?

Many people want to know if a DWI just disappears. A DWI conviction generally cannot be expunged. Some people qualify for deferred adjudication that may later be sealed by an order of non disclosure, which hides the case from most background checks. Dismissed cases or acquittals can often be expunged. Timelines and eligibility vary, so get guidance from a Texas DWI lawyer on your specific facts.

Defenses and options that can reduce penalties

• Stop and arrest challenges: whether the stop was lawful, whether standardized field sobriety tests were reliable, and whether blood or breath testing followed protocol.
• Discovery and video: patrol video, body cameras, breath room video, blood draw chain of custody, and lab compliance all matter.
• Mitigation: clean testing, interlock compliance, treatment completion, and proof of family and work obligations can move negotiations.
• Alternatives: deferred adjudication in eligible cases, reduction to a lesser offense in narrow circumstances, or trial when the facts and risks justify it.

One action item you control today is requesting the ALR hearing. It preserves your right to challenge the suspension and can provide testimony and documents that help in the criminal case.

Frequently Asked Questions on Texas DWI fines and penalties by offense level

Is a first DWI in Houston a felony or a misdemeanor?

Most first DWI charges are misdemeanors. A BAC of 0.15 or more can raise the charge to a Class A misdemeanor. Certain facts make a DWI a felony, including a third or later DWI, a DWI with a child passenger, intoxication assault, or intoxication manslaughter.

How long is a license suspended for a DWI in Texas?

ALR suspensions can be 90 days for a first test failure or 180 days for a first refusal, longer with priors. On conviction, a first misdemeanor DWI often brings 90 days to 1 year of suspension, and later or felony DWIs can reach 2 years. An occupational license can allow driving for essential needs under court limits.

Will I have to install an ignition interlock device in Texas?

Interlock is common for BAC 0.15 or higher and for repeat or felony DWIs. Judges in Harris County often order interlock as a bond condition and as a condition of probation, especially if you ask to keep driving. Expect installation plus monthly monitoring costs and strict no alcohol rules.

Can you get a DWI off your record in Texas?

A DWI conviction generally cannot be expunged. Some people who receive deferred adjudication may later qualify for an order of non disclosure that seals the record from most public checks. Dismissed cases and acquittals may be expunged. Eligibility depends on the exact outcome and any prior history.

How much does a DWI raise insurance in Texas?

Many drivers see 40 to 90 percent premium increases for several years after a DWI. Some insurers will non renew, which can force a switch to a higher risk carrier. SR 22 proof of financial responsibility is often required during a suspension and for reinstatement.

Why acting in the first 15 days matters

The first 15 days decide whether DPS can automatically suspend your license or whether you get a hearing. That alone can be the difference between driving legally to your job or scrambling for rides. Early action also lets you install interlock, start classes, and collect favorable records before your first court date. For detailed steps and official rules, review the Texas DPS overview of the ALR program and timelines and this guide on how to request an ALR hearing and 15‑day deadline. When penalties grow by offense level, timing and preparation are your best leverage.

Watching a short explainer can also help you see the whole path in one place.

For directions and office details, see Butler Law Firm location and hours on MapQuest.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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