Texas DWI Penalty Chart
Classification and Range of Punishment
1st Offense: Class B Misdemeanor
• Jail – 3 days-6 months in the County Jail.
(an open container of alcohol in your car when arrested,
6 days-6 months in the County Jail)
• Fine – A fine of up to $2,000.
• Community Service – 24-100 hours.
2nd Offense: Class A Misdemeanor
• Jail – 3 days-1 year in the County Jail.
• Fine – A fine of up to $4,000.00.
• Community Service – 80-200 hours.
• Deep lung air device – Required for bond and through probation.
• Suspension of license – 180 days-2 years.
3rd Offense: Third degree FELONY
• Prison – 2-10 years in the Texas State Penitentiary.
• Fine – A fine of up to $10,000.00.
• Deep lung air device – Required for bond, ODL, and probation.
• Community Service – 160-600 hours.
• Suspension of license – 180 days-2 years.
Intoxication Assault: Third degree FELONY
• Prison – 2-10 years in the Texas State Penitentiary.
• Fine – A fine of up to $10,000.00.
• Community Service – 160-600 hours.
A person commits this offense if they cause serious bodily injury while driving intoxicated.
Serious Bodily Injury means injury that creates a substantial risk of death or protracted loss
or impairment of the function of any bodily member or organ
Intoxication Manslaughter: Second degree FELONY
• Prison – 2-20 years in the Texas State Penitentiary.
• Fine – A fine of up to $10,000.00.
• Community Service – 240-800 hours.
A person commits this offense if the person causes the death of another by accident or mistake,
while intoxicated.
Classification and Range of Punishment
1st Offense: Class B Misdemeanor
• Jail – 3 days-6 months in the County Jail.
(an open container of alcohol in your car when arrested,
6 days-6 months in the County Jail)
• Fine – A fine of up to $2,000.
• Community Service – 24-100 hours.
2nd Offense: Class A Misdemeanor
• Jail – 3 days-1 year in the County Jail.
• Fine – A fine of up to $4,000.00.
• Community Service – 80-200 hours.
• Deep lung air device – Required for bond and through probation.
• Suspension of license – 180 days-2 years.
3rd Offense: Third degree FELONY
• Prison – 2-10 years in the Texas State Penitentiary.
• Fine – A fine of up to $10,000.00.
• Deep lung air device – Required for bond, ODL, and probation.
• Community Service – 160-600 hours.
• Suspension of license – 180 days-2 years.
Intoxication Assault: Third degree FELONY
• Prison – 2-10 years in the Texas State Penitentiary.
• Fine – A fine of up to $10,000.00.
• Community Service – 160-600 hours.
A person commits this offense if they cause serious bodily injury while driving intoxicated.
Serious Bodily Injury means injury that creates a substantial risk of death or protracted loss
or impairment of the function of any bodily member or organ
Intoxication Manslaughter: Second degree FELONY
• Prison – 2-20 years in the Texas State Penitentiary.
• Fine – A fine of up to $10,000.00.
• Community Service – 240-800 hours.
A person commits this offense if the person causes the death of another by accident or mistake,
while intoxicated.