DWI Penalties and Fines in Texas: What You’re Really Facing After a Drunk Driving Arrest
If you’ve been arrested for Driving While Intoxicated (DWI) in Texas, you’re likely feeling overwhelmed, and for good reason. The penalties for a DWI conviction in Texas are harsh and far-reaching. A conviction can result in heavy fines, jail time, license suspension, increased insurance rates, and even long-term damage to your reputation, employment, and freedom.
At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we represent individuals charged with DWI throughout Conroe, The Woodlands, and across Montgomery County, Texas. Whether this is your first offense or you’ve been down this road before, we help you understand the stakes and fight for the best possible outcome.
DWI in Texas: A Serious Criminal Offense
Under Texas Penal Code § 49.04, you commit DWI if you operate a motor vehicle in a public place while:
- Having a blood alcohol concentration (BAC) of 0.08% or higher, or
- Lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances.
This broad definition means you can be charged with DWI even if you were under the legal BAC limit, so long as the arresting officer believes you were impaired.
First-Time DWI Offense: Penalties and Fines
A first DWI offense is typically charged as a Class B misdemeanor, but certain factors can elevate it to a more serious charge.
Basic Penalties:
- Fines: Up to $2,000
- Jail time: From 72 hours to 180 days
- Driver’s license suspension: 90 days to 1 year
- Annual license surcharge: $1,000 to $2,000 per year for 3 years (repealed in 2019, but other fees may apply)
- DWI education class
- Community service: 24–100 hours
- Ignition Interlock Device (IID): If BAC is over 0.15 or as a condition of probation
If your BAC was 0.15% or higher, the charge increases to a Class A misdemeanor, with:
- Fines up to $4,000
- Jail up to 1 year
- Mandatory IID installation, even for first offenses
Second DWI Offense: Penalties Increase Significantly
A second DWI is a Class A misdemeanor, regardless of BAC.
Penalties include:
- Fines: Up to $4,000
- Jail time: 30 days to 1 year
- License suspension: 180 days to 2 years
- Community service: 80–200 hours
- DWI education or repeat offender program
- Mandatory IID installation
A second offense demonstrates a pattern to the court, making prosecutors less willing to negotiate leniency. Judges may impose stricter probation conditions, including alcohol monitoring and more frequent court appearances.
Third or More DWI Offenses: Now You’re Facing a Felony
A third DWI offense is a third-degree felony under Texas law.
Felony Penalties:
- Prison time: 2 to 10 years
- Fines: Up to $10,000
- License suspension: Up to 2 years
- Felony criminal record
- Community service: Up to 600 hours
- Mandatory IID
- Court-ordered alcohol or drug treatment programs
A felony DWI conviction can also have permanent life consequences, including:
- Loss of firearm rights
- Ineligibility for some jobs or licenses
- Barriers to housing or education
- Impact on child custody and immigration status
Other Types of DWI Charges and Their Penalties
Texas law recognizes several enhanced DWI charges, each carrying its own set of severe penalties.
DWI with a Child Passenger (Under Age 15)
- State jail felony
- Jail time: 180 days to 2 years
- Fine: Up to $10,000
- Automatic license suspension
- Mandatory IID and probation conditions
Even first-time offenders face felony charges for having a child in the car during a DWI arrest.
Intoxication Assault (DWI Causing Serious Injury)
- Third-degree felony
- Prison time: 2 to 10 years
- Fines: Up to $10,000
- License suspension and restitution to the victim
This charge applies when the DWI leads to a crash causing serious bodily injury, whether to a passenger, another driver, or a pedestrian.
Intoxication Manslaughter (DWI Causing Death)
- Second-degree felony
- Prison time: 2 to 20 years
- Fines: Up to $10,000
- Lifetime consequences including a permanent felony record
Few charges carry the emotional and legal weight of intoxication manslaughter. If you’re facing this charge, it’s essential to retain legal counsel immediately.
License Suspension and Administrative Penalties (ALR)
In addition to criminal penalties, a DWI arrest can result in Administrative License Revocation (ALR) proceedings with the Texas Department of Public Safety (DPS). This process is separate from your criminal case.
You have 15 days from the date of your arrest to request a hearing to challenge the suspension. If you fail to act, your license will be automatically suspended:
ALR Suspension Periods:
- Failed BAC test: 90 days to 1 year
- Refused breath or blood test: 180 days to 2 years
We can represent you at your ALR hearing, challenge the legality of the stop and arrest, and fight to protect your driving privileges.
Additional Costs of a DWI Conviction
While court fines and fees are severe, the true cost of a DWI often extends much further:
- Increased auto insurance premiums (often thousands per year)
- SR-22 insurance requirement
- Probation fees and court costs
- Loss of income due to license suspension or jail time
- Impact on job opportunities, especially for CDL holders, teachers, nurses, or government employees
The total financial burden of a DWI conviction often exceeds $15,000, even for a first offense.
First-Time Offender Programs and Deferred Adjudication
Some counties in Texas offer pre-trial diversion programs or deferred adjudication for first-time offenders. These alternatives may help you avoid a conviction if you meet eligibility requirements.
At Griffin, Cain & Herbig, we can evaluate whether you qualify and help you apply. However, these options still involve:
- Strict probation conditions
- Mandatory treatment programs
- Community service
- Random drug/alcohol testing
Deferred adjudication is not a free pass, but it can protect your future if handled properly.
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A Few Words From Satisfied Clients
What stood out the most was his ability to resolve my legal matters in a way that allowed me to continue living my life stress-free. Knowing he had everything under control gave me such peace of mind. He was always available to answer my questions and made me feel like a priority every step of the way.
If you’re looking for a reliable, communicative, & skilled attorney, I wholeheartedly recommend John Herbig! He made a difficult situation so much easier to navigate, and I’m truly grateful for his work. Thank you John!
His trial skills were extraordinary.
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I'm so thankful I had him in my corner, and I would absolutely recommend him if anyone needed assistance with probate problems or any other legal issues.
How We Can Help: DWI Defense in Montgomery County, Texas
Don’t assume the worst. Even if you were arrested and tested over the legal limit, there are ways to fight your DWI charge.
At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we build strong defenses by:
- Challenging the legality of the traffic stop
- Reviewing field sobriety and chemical test accuracy
- Cross-examining the arresting officer
- Negotiating with prosecutors for reduced or dismissed charges
- Fighting for occupational licenses and reduced penalties
Our attorneys know how Montgomery County prosecutors handle DWI cases, and we know how to push back.
We’re Available To Speak With You
Contact Our Office
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Phone:
Email:
info@griffinandcain.com
Address:
400 W. Davis St., Suite 200. Conroe, TX. 77301