What are the penalties for a second DWI in Texas?
A second DWI is a Class A misdemeanor: 30 days to one year in county jail and a fine of up to $4,000, plus a separate state fine of $4,500 under Transp. Code §709.001, a licence suspension of 180 days to 2 years, and an ignition interlock as a condition of bond. DWI is a priorable offense under Tex. Penal Code §49.04, so the penalties climb with each conviction.
- A second DWI without aggravating factors is still a misdemeanor. A third is a felony.
- A second DWI is a Class A misdemeanor: a maximum fine of $4,000, and 30 days to one year in jail.
- Licence suspension of 180 days to two years, and an ignition interlock required while the case is on bond.
- The NHTSA reports about a third of all drivers arrested for DWI are repeat offenders.
- A third DWI raises the stakes sharply: a $10,000 fine, up to 10 years in prison and up to a two year license suspension.
Were you recently arrested for driving while intoxicated (DWI) for the second time? If so, it’s important to know that the penalties for a second DWI are harsher than the penalties for a first DWI because DWI is what’s called a “priorable offense.” This means that with each DWI conviction, the penalties increase accordingly.
In Texas, the offense of DWI is covered under Section 49.04 of the Texas Penal Code. Under Texas law, you are guilty of DWI when you are intoxicated and you drive a vehicle while in a public place. While
a first and second DWI offense without any “aggravating factors,” are misdemeanor offenses, a third DWI is a felony.
What Are the Penalties for a Second DWI?
A second DWI in Texas is punishable by:
- A maximum fine of $4,000
- From 30 days to one year in jail
- Up to a two-year driver license suspension
- A separate one-time state fine of $4,500 under Transp. Code §709.001, or $6,000 if the alcohol concentration was 0.15 or more
According to the National Traffic Safety Administration (NHTSA), “About a third of all drivers arrested for DWI are repeat offenders according to the data reported here, and 1 out of 8 intoxicated drivers in fatal crashes have had a prior DWI conviction within the past three years.”
If you are a repeat DWI offender, it’s important to change your habits permanently. You do not want to drink and drive again, because not only is a third DWI a felony, but it can lead to a $10,000 fine, up to 10 years in prison, a licence suspension of up to two years, and the state fine rises with the record. The details are in our guide to third DWI penalties.
First, second and third DWI, side by side
| First DWI | Second DWI | Third DWI | |
|---|---|---|---|
| Grade | Class B misdemeanor | Class A misdemeanor | Third degree felony |
| Confinement | 72 hours to 180 days | 30 days to 1 year | 2 to 10 years |
| Criminal fine | Up to $2,000 | Up to $4,000 | Up to $10,000 |
| State fine, §709.001 | $3,000 ($6,000 at 0.15+) | $4,500 ($6,000 at 0.15+) | $4,500 ($6,000 at 0.15+) |
| Licence suspension | 90 days to 1 year | 180 days to 2 years | 180 days to 2 years |
| Interlock on bond | Not required by statute | Required, art. 17.441 | Required, art. 17.441 |
Sources for every figure: Tex. Penal Code §§49.04, 49.09, 12.21, 12.22, 12.34, Transp. Code §§709.001, 521.344 and Code Crim. Proc. art. 17.441, linked below.
Facing Second DWI Charges?
If you’re facing second DWI charges, we urge you to contact our firm to meet with Attorney Peter Barrett. Call (214) 526-0555 for a free consultation.
Common questions
Why is a second DWI punished more heavily than a first?
DWI is what the law calls a priorable offense. Each conviction increases the penalties available for the next one.
Is a second DWI a felony in Texas?
No, not on its own. A first and second DWI without aggravating factors are misdemeanors. A third DWI is a felony.
How common are repeat DWI offenses?
The National Traffic Safety Administration reports that about a third of all drivers arrested for DWI are repeat offenders, and one in eight intoxicated drivers in fatal crashes had a prior DWI conviction within the previous three years.
The law this article describes, at the source. Every figure above can be checked against it.
- Texas Penal Code, Chapter 49: intoxication offenses. §49.04 defines DWI, §49.09 sets the enhancement for a second offense
- Texas Penal Code, Chapter 12: punishment ranges, including the Class A misdemeanor range at §12.21
- Tex. Transp. Code §709.001: the state traffic fine on DWI convictions
- Tex. Transp. Code §521.344: suspension periods on conviction
- Tex. Code Crim. Proc. art. 17.441: ignition interlock as a bond condition
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 Texas criminal defense attorney about your specific facts. Request a free case review.