Texas DWI penalties by offense tier

Which tier your case falls into matters far more than anything about how the stop went. It turns on prior convictions, on how far back Texas counts them, and on whether anyone was hurt.

Last reviewed October 14, 2026

Penalty tiers at a glance

TierClassJailFineInterlockLookback
DWI, first offense
Tex. Penal Code 49.04(a), (b)
Class B misdemeanor72 hours to 180 daysUp to $2,000
DWI with an open container
Tex. Penal Code 49.04(c)
Class B misdemeanor6 days to 180 daysUp to $2,000
DWI with alcohol concentration 0.15 or more
Tex. Penal Code 49.04(d)
Class A misdemeanorUp to 365 days (1 year)Up to $4,000
DWI in a school crossing zone
Tex. Penal Code 49.04(e)
State jail felony (felony)180 days to 730 days (2 years)Up to $10,000
DWI with a passenger younger than 15
Tex. Penal Code 49.045
State jail felony (felony)180 days to 730 days (2 years)Up to $10,000
DWI, second offense
Tex. Penal Code 49.09(a)
Class A misdemeanor30 days to 365 days (1 year)Up to $4,000Required
DWI, third offense (felony)
Tex. Penal Code 49.09(b)
Felony of the third degree (felony)730 days (2 years) to 3,650 days (10 years)Up to $10,000

Jail and fine figures are the range the statute allows, not what a first appearance usually produces. Fines exclude court costs, assessments, interlock lease costs and reinstatement fees.

Each tier in detail

DWI, first offense

Tex. Penal Code 49.04(a), (b)
Class
Class B misdemeanor
Jail
72 hours to 180 days
Fine
Up to $2,000

The minimum is 72 hours in jail and the maximum is 180 days. The maximum fine is $2,000. Texas treats you as intoxicated either at an alcohol concentration of 0.08 or more, or when you do not have the normal use of your mental or physical faculties, so a charge does not depend on a test result alone.

DWI with an open container

Tex. Penal Code 49.04(c)
Class
Class B misdemeanor
Jail
6 days to 180 days
Fine
Up to $2,000

If you had an open container of alcohol within reach when you were stopped, the minimum jail term rises from 72 hours to six days. The offense class and the $2,000 maximum fine do not change.

DWI with alcohol concentration 0.15 or more

Tex. Penal Code 49.04(d)
Class
Class A misdemeanor
Jail
Up to 365 days (1 year)
Fine
Up to $4,000

An analysis showing an alcohol concentration of 0.15 or more at the time of testing makes a first offense a Class A misdemeanor rather than a Class B. The maximum becomes one year in jail and a $4,000 fine. The statute ties this to the concentration when the analysis was performed, not when you were driving.

DWI in a school crossing zone

Tex. Penal Code 49.04(e)
Class
State jail felony
Jail
180 days to 730 days (2 years)
Fine
Up to $10,000

Driving while intoxicated in a school crossing zone, during the hours the reduced speed limit applies, is a state jail felony on a first offense. The range is 180 days to two years, with a fine up to $10,000.

DWI with a passenger younger than 15

Tex. Penal Code 49.045
Class
State jail felony
Jail
180 days to 730 days (2 years)
Fine
Up to $10,000

Carrying a passenger younger than 15 makes it a state jail felony, whatever your record. The range is 180 days to two years, with a fine up to $10,000.

DWI, second offense

Tex. Penal Code 49.09(a)
Class
Class A misdemeanor
Jail
30 days to 365 days (1 year)
Fine
Up to $4,000

One previous conviction makes it a Class A misdemeanor with a minimum of 30 days in jail, up to one year, and a fine up to $4,000. There is no lookback period: a conviction counts however old it is, which is unusual and catches people who believe an old case has dropped off.

An ignition interlock is ordered where the second offense was committed within five years of the previous one.

DWI, third offense (felony)

Tex. Penal Code 49.09(b)
Class
Felony of the third degree
Jail
730 days (2 years) to 3,650 days (10 years)
Fine
Up to $10,000

Two previous convictions make it a felony of the third degree, carrying two to ten years in prison and a fine up to $10,000. One previous conviction for intoxication manslaughter has the same effect on its own.

As with a second offense there is no lookback period. Convictions count however old they are, and a deferred adjudication for DWI counts as a conviction for this purpose.

Where this leaves you

A tier is not a sentence. Which one applies, and what actually happens inside its range, is what a defense lawyer argues about.

Sources

Tex. Penal Code 49.04(a), (b) · Tex. Penal Code 49.04(c) · Tex. Penal Code 49.04(d) · Tex. Penal Code 49.04(e) · Tex. Penal Code 49.045 · Tex. Penal Code 49.09(a) · Tex. Penal Code 49.09(b)

This page is general information, not legal advice. Statutes change. Confirm anything you rely on with a licensed Texas attorney.