Penalties for DWI in Texas – What You Need to Know in 2025

DWI Penalties in Leon Valley, Texas

Driving While Intoxicated (DWI) penalties in Texas are among the toughest in the nation. Whether you’re a first-time DWI offender or facing your third DWI charge, the legal consequences can be life-altering — including fines, jail time, driver’s license suspension, and felony records.

Penalties can vary depending on:

• Whether it’s your first, second DWI, or third offense
• Your blood alcohol concentration (BAC)
• Whether the DWI caused an accident, injury, or death
• Your prior criminal history
• The presence of a child passenger, or refusal to submit to a breath or blood test

Below is a breakdown of the updated DWI punishment guidelines in Texas (as of September 1, 2019):

First-Time DWI Offense (BAC < .15)

• Fine: Up to $2,000
• Jail Time: 3 days to 180 days
• Driver’s License Suspension: Up to 1 year
• Surcharge: Up to $2,000 annually for 3 years to maintain driving privileges

Second DWI Offense

• Fine: Up to $4,000
• Jail Time: 30 days to 1 year
• License Suspension: 180 days to 2 years
• Interlock Device: Required on all vehicles
• Surcharge: $1,500 to $2,000 annually for 3 years

Third DWI Offense (Felony DWI)

• Fine: Up to $10,000
• Prison Time: 2 to 10 years in the Texas Department of Criminal Justice
• License Suspension: 180 days to 2 years
• Permanent Criminal Record

DWI with Child Passenger (under 15)

• State Jail Felony
• Fine: Up to $10,000
• Jail Time: 180 days to 2 years
• Automatic license suspension

Intoxication Assault (Serious Bodily Injury)

• Third-Degree Felony
• Fine: Up to $10,000
• Prison Time: 2 to 10 years
• License Suspension: Mandatory

Intoxication Manslaughter (Causing Death)

• Second-Degree Felony
• Fine: Up to $10,000
• Prison Time: 2 to 20 years
• Permanent loss of driving privileges possible

Additional Consequences

• Mandatory alcohol education classes
• Possible community service hours
• Required ignition interlock devices
• Employment consequences for CDL holders, nurses, teachers, and others
• Increased insurance rates or SR-22 requirement

Speak With a Leon Valley DWI Lawyer Today

If you or a loved one has been arrested for DWI in Leon Valley or Bexar County, don’t wait. The penalties listed above are just the beginning. Your specific outcome may depend on the facts of your case, local prosecution policies, and your defense strategy.

An experienced DWI attorney in Leon Valley, TX can:

• Challenge the legality of the stop or arrest
• Investigate issues with BAC testing procedures
• Negotiate for dismissal or charge reductions
• Fight to keep your record clean and protect your license

Call (210) 893-0000 or Contact Us Online for a Free Consultation

Hablamos Español. Let us help you fight your DWI charges and protect your future.

Additional Traffic Fines and Penalties for DWI Convictions in Texas

If you’re convicted of Driving While Intoxicated (DWI) in Texas, the initial court fines are only the beginning. Texas imposes mandatory state traffic fines in addition to any criminal penalties. These DWI surcharge fines are designed to discourage repeat offenses and cover state costs associated with intoxicated driving incidents.

Mandatory State Fines for DWI Convictions:

If you are finally convicted of a DWI-related offense involving a motor vehicle, you will be subject to one or more of the following state-imposed fines:

• $3,000 — First-time DWI conviction within a 36-month period
• $4,500 — Second or subsequent DWI conviction within a 36-month period
• $6,000 — Any conviction where BAC was 0.15 or greater at the time of testing

These fines are in addition to other DWI criminal penalties and license-related fees.

Serious DWI-Related Charges and Penalties

DWI With Child Passenger (State Jail Felony)

If you’re arrested for DWI while transporting a child under 15 years old, you can be charged with a State Jail Felony, regardless of your BAC level.

Penalties may include:

• 180 days to 2 years in a Texas State Jail Facility
• Fines up to $10,000
• Mandatory license suspension
• Possible CPS involvement and long-term consequences for child custody

Intoxication Assault (Felony DWI With Injury)

If a DWI results in serious bodily injury, you may be charged with Intoxication Assault, a third-degree felony.

Penalties for intoxication assault in Texas include:

• 2 to 10 years in state prison
• Up to $10,000 in fines
• Possible license suspension
• Restitution to the injured party

Intoxication Manslaughter (Felony DWI Causing Death)

When a DWI results in a fatal accident, it becomes Intoxication Manslaughter, a second-degree felony.

Penalties may include:

• 2 to 20 years in a Texas state prison
• Fine up to $10,000
• Permanent felony criminal record
• Long-term license revocation

What Constitutes a DWI Under Texas Law?

According to Texas Penal Code §49.04, a person commits a DWI offense if:

• They are operating a motor vehicle in a public place
• They are intoxicated, meaning:
  • They have a blood alcohol concentration (BAC) of 0.08 or more, or
  • They have lost the normal use of mental or physical faculties due to alcohol, a controlled substance, drug, or a combination thereof

Importantly, you can be charged with DWI even if your BAC is below 0.08 if there is evidence that drugs or alcohol impaired your ability to drive safely.

Facing DWI Charges? Call Our Leon Valley DWI Defense Team Now

If you or someone you love has been arrested or charged with DWI in Leon Valley or Bexar County, it’s essential to act fast. The fines, surcharges, and felony implications can devastate your future.

Call (210) 893-0000 or Contact Us Online
Ried Pecina Trial Lawyers – Experienced DWI Defense. Hablamos Español.

Arrested for DWI in Leon Valley, TX? Act Fast Before It’s Too Late

If you’ve been arrested for DWI or DUI in Texas, you’re not just facing one case — you’re facing two:

1. Administrative License Revocation (ALR): This is the civil case brought by the Texas Department of Public Safety to suspend your driver’s license.
2. Criminal DWI Charge: Brought by the State of Texas, this case can result in jail time, fines, and a permanent record.

You Only Have 15 Days to Save Your License

After your arrest, you have just 15 days to request an ALR hearing. If you don’t act within this short window, your license will be automatically suspended — even before you step foot in court for the criminal case.

Don’t Wait — Speak to a Leon Valley DWI Attorney Today

Time is critical. The sooner you contact an experienced Leon Valley DWI lawyer, the better your chances of protecting your rights, your freedom, and your license.

Call (210) 893-0000 or schedule your FREE consultation online
Ried Pecina Trial Lawyers — Trusted DWI Defense in Leon Valley & Bexar County. HablamosEspañol.

Frequently Asked Questions About DWI Penalties in Texas (2025)

What are the penalties for a first-time DWI in Texas?

A first-time DWI is a Class B misdemeanor. You may face up to $2,000 in fines, 3 to 180 days in jail (with 3 mandatory days), license suspension up to 1 year, and annual surcharges up to $2,000 for 3 years

What changes if a first-time DWI BAC is 0.15% or higher?

If your BAC is at least 0.15%, the offense is elevated to a Class A misdemeanor, leading to higher fines (up to $4,000), up to 1 year jail, and mandatory ignition interlock device (IID) installation

What are the consequences for a second DWI in Texas?

A second DWI is a Class A misdemeanor: up to $4,000 fine, 30 days to 1 year in jail, and license suspension of 180 days to 2 years. A surcharge, DWI education, and IID are typically required

How severe is a third DWI offense in Texas?

A third DWI is a third‑degree felony. Penalties include up to $10,000 fine, 2 to 10 years in prison, and license suspension up to 2 years. Annual surcharges and IID requirements also apply

What penalties apply if a DWI involves a child passenger under 15?

Driving intoxicated with a child passenger triggers a State Jail Felony: 180 days to 2 years in jail, up to $10,000 fine, and license suspension. IID may also be required

What about DWI causing injury or death?

• Intoxication Assault (causing serious bodily injury): Third‑degree felony, 2–10 years prison, up to $10,000 fine.
• Intoxication Manslaughter (causing death): Second‑degree felony, 2–20 years prison, up to $10,000 fine, with long‑term license suspension

Are there additional state surcharges for DWI convictions?

Yes. Beyond criminal fines, Texas enforces mandatory surcharges:

• $3,000 for first offense within 36 months
• $4,500 for second/subsequent offense within 36 months
• $6,000 if BAC ≥ 0.15%

What is Administrative License Revocation (ALR)?

Under Texas implied consent laws, refusing or failing a breath/blood test can result in automatic license suspension—separate from criminal proceedings. You have only 15 days to request a hearing or face suspension.

Can a DWI conviction remain on my record?

Yes. Texas DWI convictions are permanent, and prior offenses—even from years ago—may enhance new charges. This makes early legal defense essential.

What should I do after being arrested for DWI in Leon Valley?

Contact a DWI defense attorney in Leon Valley/Texas immediately. You must request an ALR license hearing within 15 days and prepare to fight potential criminal charges. Proper legal counsel improves your chances to reduce charges or avoid felony status.