What are the effects of a DWI in Texas?
Beyond jail and the criminal fine, a conviction brings a separate state fine of $3,000 to $6,000 under Tex. Transp. Code §709.001, a licence suspension, an SR-22 insurance filing kept for two years, and in repeat cases an ignition interlock. Then come the quieter costs: insurance pricing, background checks, professional licences, travel restrictions and immigration exposure. One correction to older articles: the old $1,000 to $2,000 a year "surcharge" program was repealed in 2019. It no longer exists.
- The Driver Responsibility surcharge is gone. In its place is a one-time state fine: $3,000, $4,500, or $6,000 at 0.15 or more.
- Licence suspension runs 90 days to 2 years depending on the offense number.
- Reinstatement needs an SR-22 filing, maintained for two years, which reprices your insurance.
- A DWI conviction cannot be expunged, and it never falls off your criminal record on its own.
- A first DWI is usually eligible for sealing by nondisclosure after a waiting period. That is the exit most people never hear about.
Most people price a DWI at the fine and the lawyer. The real bill arrives over the following years, in pieces. This page lists what actually follows a Texas DWI conviction, with the current law, because a surprising amount of what is written online describes rules that were repealed. Peter M. Barrett has defended DWI cases in Dallas County since 1994, with more than 150 jury trials. See our Dallas DWI defense page.
The criminal core
A first DWI is a Class B misdemeanor with a 72 hour minimum term (§49.04), a second is a Class A with a 30 day minimum, and a third is a felony, 2 to 10 years (§49.09). The details sit in first DWI penalties, second DWI penalties and third DWI penalties.
The money that follows conviction
- The state fine, §709.001. On final conviction: $3,000 for a first conviction within 36 months, $4,500 for a second or subsequent, $6,000 where the alcohol concentration was 0.15 or more. This is imposed on top of the criminal fine.
- The surcharge program is dead. Older pages, including the one this article replaces, describe an annual surcharge of $1,000 to $2,000 for three years to keep your licence. The Legislature repealed that program in 2019. If a site still quotes it, the site is out of date.
- Interlock and testing costs. On a repeat charge, an ignition interlock is required while on bond (art. 17.441), installed and rented at your expense, and interlocks are common conditions of probation and of occupational licences.
- Insurance. Reinstating the licence requires an SR-22 certificate, maintained for two years, and insurers reprice accordingly. The full picture is in car insurance after a DWI.
The licence
Two separate tracks touch your licence. The ALR administrative suspension starts from the arrest and is contested at its own hearing, requested within 15 days: see the ALR deadline. On conviction, Transp. Code §521.344 sets suspensions from 90 days up to a year for a first offense, and 180 days to 2 years for repeat offenses. An occupational licence can usually keep you driving to work, school and essentials during a suspension, on conditions that typically include an interlock.
The quieter consequences
- Background checks. A DWI conviction is permanent on your criminal record, visible to employers, landlords and licensing boards. It never ages off by itself.
- Professional licences. Nurses, teachers, CDL holders, pilots and securities professionals all answer to boards with their own reporting and discipline rules, and a CDL carries its own disqualification rules.
- Travel. Canada can treat a DWI as a ground of criminal inadmissibility. The rules, and the passport questions people worry about, are covered in a DWI and your passport and travelling abroad with a conviction.
- Immigration. A DWI can affect visas, DACA and discretionary decisions, and a felony DWI raises the stakes further: see DWI and removal proceedings.
- Firearms. A misdemeanor DWI does not bar possession, but a felony DWI conviction does, under both Texas and federal law: see DWI and firearm rights.
The exits people miss
A DWI conviction cannot be expunged. But since 2017, many first DWI convictions can be sealed by an order of nondisclosure after a waiting period, generally two years with an interlock history or five without, if the case had no crash involving another person and the record is otherwise clean. Sealing removes the conviction from most private background checks. The mechanics are in expunction vs nondisclosure. And the widest exit remains the one at the front: DWI cases are technical, and stops, tests and blood draws fail on their facts more often than people assume. See the complete DWI defense guide.
Common questions
Do I still have to pay the DWI surcharge in Texas?
No. The Driver Responsibility Program and its annual surcharges were repealed effective September 2019. The current cost is the one-time state fine under Transportation Code section 709.001: $3,000, $4,500, or $6,000 depending on the conviction history and the alcohol concentration.
How long does a DWI stay on your record in Texas?
Forever, unless sealed. A conviction cannot be expunged. Many first offenses can be sealed by nondisclosure after a waiting period, which hides them from most private background checks while police and licensing agencies can still see them.
Can I drive to work while my licence is suspended?
Usually yes, through an occupational licence granted by a court for work, school and essential household travel, commonly with an interlock condition. Driving outside its terms is its own offense, so the order's limits matter.
How much does a DWI raise insurance in Texas?
There is no fixed figure; each insurer prices it. What is fixed is the mechanism: reinstatement requires an SR-22 filing maintained for two years, which flags the conviction to your insurer. Our car insurance guide covers what to expect and how to shop it.
Does a first DWI end my job prospects?
For most jobs, no, especially once sealing is available. The exceptions are driving jobs, licensed professions and security clearances, where reporting duties and board rules apply regardless. The order of operations matters: fight the case first, then plan the record cleanup.
The law this article describes, at the source. Every figure above can be checked against it.
- Tex. Penal Code §49.04: driving while intoxicated
- Tex. Penal Code §49.09: enhanced offenses and penalties
- Tex. Transp. Code §709.001: traffic fines for certain intoxicated driver convictions
- Tex. Transp. Code §521.344: suspension periods on conviction
- Tex. Code Crim. Proc. art. 17.441: ignition interlock as a bond condition
- Texas DPS: the SR-22 financial responsibility certificate
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed criminal defense attorney about your specific facts. Request a free, confidential case review.