Houston DWI Penalties, Fines, and Defenses

A DWI conviction in Texas carries serious legal and financial consequences that can impact nearly every part of your life. From jail time and license suspension to steep fines and long-term criminal records, even a first-time DWI can be life-changing.

At The Santos Law Firm, PLLC, we help clients in Houston and throughout Texas understand the penalties they face — and fight aggressively to reduce or eliminate those consequences.

Understanding DWI Penalties in Texas

The penalties for Driving While Intoxicated (DWI) are defined under Texas Penal Code Chapter 49 and the Texas Transportation Code. Punishments increase with the severity of the offense, prior convictions, and whether aggravating factors (such as accidents, injuries, or minors in the vehicle) are present.

Texas law imposes penalties that can include:

• Jail or prison time
• Hefty fines and court costs
• Driver’s license suspension or revocation
• Probation or community supervision
• Mandatory ignition interlock device (IID) installation
• Alcohol education and treatment programs
• A permanent criminal record

These penalties can grow exponentially with repeat offenses — and may affect employment, insurance rates, and your ability to drive.

First-Time DWI Offense (Class B Misdemeanor)

For first-time offenders, Texas law still imposes harsh penalties, including:

• Up to 180 days in county jail (minimum 3 days mandatory)
• Up to $2,000 in fines
• License suspension for up to 1 year
• Annual license surcharge up to $2,000 for three years
• Mandatory DWI education program and possible community service

If your Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense is elevated to a Class A misdemeanor, with penalties including:

• Up to 1 year in jail
• Up to $4,000 in fines
• Mandatory ignition interlock device (IID)

Second DWI Offense (Class A Misdemeanor)

Repeat offenders face steeper penalties and longer suspensions:

• Up to 1 year in jail (minimum 30 days)
• Up to $4,000 in fines
• License suspension for up to 2 years
• Mandatory IID installation
• Extended community supervision or probation
• Possible alcohol treatment or rehabilitation programs

A second DWI conviction also greatly increases insurance premiums and can lead to permanent consequences on your criminal record.

Third or Subsequent DWI Offense (Third-Degree Felony)

A third DWI charge is considered a felony offense under Texas law and carries extremely serious penalties:

• 2 to 10 years in state prison
• Up to $10,000 in fines
• License suspension for up to 2 years
• Mandatory IID installation
• Felony record, which affects voting, firearm, and employment rights

Courts also often require long-term alcohol treatment programs and supervised probation following incarceration.

Enhanced DWI Penalties for Special Circumstances

Certain factors can enhance DWI penalties, leading to more severe charges and longer sentences:

• DWI with a Child Passenger (under 15 years old) – State Jail Felony

  • Up to 2 years in state jail
  • Up to $10,000 in fines
  • Mandatory IID and license suspension
• Intoxication Assault – Causing serious bodily injury while driving intoxicated

  • Third-degree felony
  • 2 to 10 years in prison and up to $10,000 fine
• Intoxication Manslaughter – Causing death while driving intoxicated

  • Second-degree felony
  • 2 to 20 years in prison and up to $10,000 fine
• Commercial Drivers (CDL Holders) – BAC limit of 0.04% and automatic disqualification of CDL upon conviction.

Additional Consequences Beyond Criminal Penalties

A DWI conviction in Texas affects more than just your criminal record. You may also face:

• Higher car insurance premiums for years after conviction
• Employment challenges, especially for jobs requiring driving
• Professional license suspension or revocation
• Travel restrictions to other countries (such as Canada)
• Public record exposure, as DWI cases are often visible to background checks

Even after serving your sentence, these long-term impacts can affect your livelihood — which is why it’s crucial to fight a DWI charge from the start.

How The Santos Law Firm Helps

At The Santos Law Firm, PLLC, we provide strategic and personalized representation for clients facing DWI charges and penalties. We examine every part of your case — from the initial stop and arrest to the breath or blood test — to identify weaknesses in the prosecution’s evidence.

Our defense strategies may include:

• Challenging the legality of the traffic stop or arrest
• Disputing field sobriety test results
• Questioning the accuracy of chemical testing
• Arguing for reduced charges or deferred adjudication
• Fighting to reinstate or preserve your driver’s license

Our goal is to minimize or eliminate the penalties and protect your freedom, license, and future.

Why Choose The Santos Law Firm for Your DWI Case?

Clients throughout Houston trust our firm because we combine legal skill, practical experience, and compassion:

• Deep knowledge of Texas DWI laws and penalties
• Aggressive representation in court and at ALR hearings
• Proven success in negotiating reduced charges and dismissals
• Personalized guidance through every stage of your case
• Commitment to your future, not just your case outcome

You deserve a defense that is as strong and determined as the prosecution’s case against you.

Protect Your Rights — Don’t Face DWI Penalties Alone

The consequences of a DWI conviction can follow you for years — but with the right attorney, you can fight back.

At The Santos Law Firm, PLLC, we stand up for our clients across Houston and Texas, defending their rights and their futures.

Contact us today for a free consultation and learn how we can help you reduce or avoid DWI penalties and fines.