Penalties of DUI in Texas: What You Need to Know

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense in Texas with consequences that can significantly affect your finances and your freedom. If you’re facing a DUI charge, it’s crucial to understand the potential penalties you’re facing and the legal options you have available. To do that, look at this guide to the drunk driving laws in Texas and learn more about the penalties of DUI in Texas, including fines, license suspension, and even jail time.

What Is Considered a DUI/DWI in Texas?

In Texas, the terms DUI and DWI are often used interchangeably, but there are some essential differences between the two:

  • DWI: Operating a motor vehicle in a public place while intoxicated by alcohol, drugs, or both. For adults 21 and over, the standard for intoxication is typically a Blood Alcohol Concentration (BAC) of .08 percent or higher.
  • DUI: Typically, a charge handed out to minors (under 21) who operate a vehicle with any detectable amount of alcohol in their system. Texas has a zero-tolerance policy for underage drinking and driving, meaning there is no BAC standard. Any alcohol at all can result in a DUI if you’re under 21.

DWI is the more common and serious charge for adults, while DUI is generally for underage drivers. However, regardless of the terminology, both Texas DWI charges and DUI charges can have serious legal consequences, especially for repeat offenders. Those consequences, like driver’s license suspension, ignition interlock devices, court fines, and jail time, are all part of the strict DWI laws and consequences you could face if convicted.

Penalties for a First DUI Offense in Texas

A first-time DUI offense in Texas is typically classified as a Class C misdemeanor, but this can vary based on the circumstances of the arrest. For instance, if a driver under 21 caused an accident resulting in serious bodily injury, they might face intoxication assault charges, which are third-degree felonies.

Penalties for a first DUI may include the following:

  • Fines: Up to $500
  • Community service: 20 to 40 hours
  • Driver’s License Suspension: 60 days
  • Education Programs: Required for the minor and may be required of their parent

Penalties for Second and Third DUI Offenses

Repeat DUI offenders face increasingly severe consequences. Texas law takes prior convictions seriously, and penalties escalate accordingly.

A second arrest is considered a Class C misdemeanor, and it can come with the following penalties:

  • Fines: Up to $500
  • Community Service: 40 to 60 hours
  • Driver’s License Suspension: 120 days
  • Education Programs: May be required

Second offenses suggest a growing pattern to judges and prosecutors, which can influence them to impose harsher sentences, particularly if the second offense occurs shortly after the initial arrest.

A third DUI for someone under 17 years of age is a Class Misdemeanor, which carries the following potential penalties:

  • Fines: Up to $500
  • Community Service: 40 to 60 hours
  • License Suspension: 180 days
  • Education Programs: May be required, or the case may be transferred to the Juvenile Court

However, if the perpetrator is between 17 and 21 years of age, they can face the following penalties:

  • Fines: $500 to $2,000
  • Jail Time: Up to 180 days
  • Community Service: 40 to 60 hours
  • License Suspension: 1 year, or 90 days with installation of an Ignition Interlock Device (IID)
  • Education Programs: May be required

Furthermore, the court cannot give a minor a deferred disposition or adjudication for their third offense.

Penalties of DWI in Texas for Adults

A first-time DWI for an adult is a Class B misdemeanor, which carries the following potential penalties:

  • Fines: Up to $2,000
  • Jail Time: Between 72 hours and 180 days
  • License Suspension: Between 90 days and one year
  • Education Programs: If ordered
  • Ignition Interlock Device (IID): If ordered

For first-time offenders arrested with a BAC of .15 percent or higher, which is well over the BAC limit in Texas of .08 percent, charges can be upgraded to a Class A misdemeanor. This carries more severe penalties (see below).

A second DWI offense is a Class A misdemeanor, which can result in the following:

  • Fines: Up to $4,000
  • Jail Time: One month to one year
  • License Suspension: Up to 2 years
  • Education Programs: If ordered
  • Ignition Interlock Device (IID): If ordered

A third or subsequent DWI is considered a third-degree felony. Penalties can include the following:

  • Fines: Up to $10,000
  • Prison Time: Two to 10 years in a Texas Department of Criminal Justice facility
  • Driver’s License Suspension: Up to two years, with more hurdles for reinstatement
  • Ignition Interlock Device (IID): Mandatory installation for all offenders

Furthermore, a felony conviction creates a permanent criminal record carrying long-term consequences, such as loss of voting rights, gun ownership restrictions, and employment challenges

Aggravating Factors That Increase Penalties

Certain circumstances in a DUI arrest can lead to enhanced charges and harsher penalties, even for the first offense. These are known as “aggravating factors,” and they can include:

  • A Child Passenger: Driving under the influence with a passenger under the age of 15 is a state jail felony punishable by 180 days to two years in state jail and up to $10,000 in fines.
  • Accident Causing Serious Bodily Injury: Harming someone in a drunk driving accident is considered “intoxication assault,” which is classified as a third-degree felony.
  • Accident Causing Death: Fatal drunk driving accidents are considered “intoxication manslaughter,” which is a second-degree felony punishable by up to 20 years in prison.
  • Open Container: Having an open alcohol container in your vehicle at the time of the arrest adds a minimum six-day jail sentence.

These factors can not only bring about harsher penalties, but they can also complicate your case and make it more challenging to protect your rights. Prosecutors often push for maximum penalties in cases with aggravating factors, especially those involving injuries or children.

Administrative Penalties by DPS

In addition to criminal penalties, the Texas Department of Public Safety imposes administrative penalties on DUI offenders. This can include a 180-day to two-year license suspension for refusing a breath or blood test and a 90-day to one-year license suspension for failing a breath or blood test.

You have 15 days from the date of the arrest to request a hearing with the Administrative License Revocation program. If you miss this deadline, your license will be automatically suspended.

Contact a Texas DUI Attorney Today

A DUI arrest in Texas is a serious matter that can heavily impact your future. The skilled criminal defense attorneys at My Dallas Criminal Lawyer have the knowledge and experience to help you, fight for your rights, and protect your freedom. Contact us by calling 214-949-4117 today for your free consultation.

Related Posts

What is DWI Expungement?

The DWI Court Process

Share:
Last Updated: August 26, 2025

Collin County

August 2025

Acquitted

Driving While Intoxicated Jury Trial

Collin County

August 2025

Dismissed

Second-Degree Felony Sexual Assault of a Child

Ellis County

August 2025

Dismissed

Assault Causes Bodily Injury to a Family Member

Collin County

August 2025

Felony Reduced

State Jail Felony DWI with Child Reduced to Misdemeanor

Denton County

July 2025

NO-BILL

3 Counts of Manslaughter & 3 Counts of Aggravated Assault with a Deadly Weapon

Dallas County

June 2025

Dismissed

Second-Degree Felony Aggravated Assault with Deadly Weapon

Denton County

June 2025

Felony No-Billed & Motion to Revoke Withdrawn

State Jail Felony Injury to Elderly & Motion to Revoke Misdemeanor Probation

Dallas County

May 2025

Deferred Adjudication

Second-Degree Felony Aggravated Assault w/Deadly Weapon Reduced to Class A Misdemeanor Discharge of Firearm in Certain Municipalities

What Our Clients Say
MDCL-Icon

Joshua J.

star

Justin is a super professional lawyer with positive results. I would refer Justin to any one who needs help with anything. Justin gets it done with positive results.

MDCL-Icon

Yoker V.

star

I highly recommend Justin 100%, the total positive experience started the moment we first spoke. Justin is a complete and total professional and a highly skilled lawyer outside and especially inside the courtroom. My case had its challenges but Justin skillfully did his research and presented the court and jury a master class. At the end of trial the judge looked at prosecutor and said ” that’s how its done” YLV

MDCL-Icon

Donna D.

star

Knowledgeable, patient, listened to what my situation needed. Impressed with my Attorney and his service.

MDCL-Icon

Mukesh K.

star

I have absolutely no hesitation in declaring that Justin is one of the finest attorneys you will ever find to represent your case most effectively yet very ethically. He is extremely professional and very deliberate in his advice and charting the right course of action appropriate for the situation. I used him for a DUI case and cant stress enough how much trust he developed in me and got the best outcome possible for me by getting the case dismissed. Good luck to the reader. Go with Justin.

MDCL-Icon

Haley W.

star

From my very first conversation with Justin Wilson at My Dallas Criminal Lawyer, I knew this was the right law firm for me. Justin took the time to carefully go over every detail of my case and never made me feel rushed. Throughout the entire process, he and his team kept me updated so I was never left wondering what would happen next. They fought hard on my behalf and ultimately got my felony charge reduced to a misdemeanor. I always felt supported and well-prepared, as Justin walked me through exactly what to expect at every stage. I highly recommend My Dallas Criminal Lawyer to anyone in need of strong, reliable legal representation.

MDCL-Icon

Katie B.

star

I would not trust anyone else with my legal needs. Justin and his team work with compassion, intelligence, grace, and diligence to seek the best resolution during hard times. They helped in changing my life.

MDCL-Icon

Joy

star

Justin at My Dallas Criminal Lawyer fought hard for my daughter’s case. He truly listened, explained the process clearly, and showed incredible courtroom skills. Even when the prosecutor was being difficult, he never backed down and secured a successful outcome. Thank you, Justin!

MDCL-Icon

Francisco Arvizu

star

Attorney Justin Wilson was very helpful and responsive. He reviewed the case thoroughly and responded quickly, providing clear guidance. I truly appreciated his professionalism and support. Highly recommend!

MDCL-Icon

Andres Moreles

star

It is with immense pleasure that I offer my strongest recommendation for Justin and his team. Their contribution to my situation was nothing short of transformative. Instead of simply meeting expectations, they significantly exceeded them, leaving a lasting positive impact on my life.

MDCL-Icon

Basel Shaded

star

Justin was super professional and a very clear communicator through my whole process. Pricing is amazing. He got the job done extremely quickly and efficiently. I highly encourage anyone to hire Justin for all your criminal defense needs.

Dallas Office Hours
Our team is available by phone 24/7Office Hours
Monday8AM – 5PM
Tuesday8AM – 5PM
Wednesday8AM – 5PM
Thursday8AM – 5PM
Friday8AM – 5PM
SaturdayClosed
SundayClosed
Frisco Office Hours
Our team is available by phone 24/7Office Hours
Monday8AM – 5PM
Tuesday8AM – 5PM
Wednesday8AM – 5PM
Thursday8AM – 5PM
Friday8AM – 5PM
SaturdayClosed
SundayClosed