Can You Go to Jail for a DUI in Texas?
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
First DWI — § 49.04
Class B misdemeanor. Punishment: 72 hours-180 days county jail; up to $2,000 fine; license suspension 90 days-1 year; 24-hour ignition interlock device (if BAC ≥ 0.15); driver responsibility surcharge (repealed for new offenses 2019 but pre-2019 surcharges remain owed). The 72-hour minimum is mandatory — even probation requires 72 hours actual confinement. Open container = 6-day minimum.
Second DWI — Class A misdemeanor
30 days-1 year county jail; up to $4,000 fine; license suspension 180 days-2 years; mandatory ignition interlock during probation; 30-day mandatory minimum jail. Eligibility for deferred adjudication: not available for DWI under Penal Code § 49.09(d). Conviction is permanent unless eligible for limited nondisclosure under HB 3016 first-time DWI with BAC under 0.15.
Third DWI — Third-degree felony
2-10 years state prison; up to $10,000 fine; license suspension 180 days-2 years; mandatory ignition interlock; mandatory substance abuse evaluation and treatment. Probation possible for some defendants — judge has discretion. Habitual offender enhancement under Penal Code § 12.42 if prior felonies.
Enhanced DWI offenses
DWI with child passenger (under 15) — state-jail felony, 180 days-2 years. Intoxication assault (DWI causing serious bodily injury) — third-degree felony, 2-10 years. Intoxication manslaughter (DWI causing death) — second-degree felony, 2-20 years. DWI in motor boat/aircraft — similar penalties. CDL DWI — automatic 1-year disqualification; lifetime for second.
DUI vs. DWI in Texas
DWI (Driving While Intoxicated) — Penal Code § 49.04, applies to drivers 21+ with BAC 0.08+ or impaired by alcohol/drugs. DUI by Minor — Alcoholic Beverage Code § 106.041, applies to drivers under 21 with any detectable alcohol. DUI is Class C misdemeanor for first offense (fine only, no jail) for minors. Drivers 21+ are never charged with "DUI" in Texas — only DWI.
Texas DWI & DUI Penalties at a Glance
| Offense | Grade | Jail / prison | Max fine | Statute |
|---|---|---|---|---|
| First DWI (BAC 0.08+) | Class B misdemeanor | 72 hours–180 days | $2,000 | § 49.04 |
| First DWI, BAC 0.15 or higher | Class A misdemeanor | Up to 1 year | $4,000 | § 49.04(d) |
| DWI with an open container | Class B (6-day minimum) | 6 days–180 days | $2,000 | § 49.04(c) |
| Second DWI | Class A misdemeanor | 30 days–1 year | $4,000 | § 49.09(a) |
| Third DWI | 3rd-degree felony | 2–10 years | $10,000 | § 49.09(b) |
| DWI with a child passenger | State jail felony | 180 days–2 years | $10,000 | § 49.045 |
| Intoxication assault | 3rd-degree felony | 2–10 years | $10,000 | § 49.07 |
| Intoxication manslaughter | 2nd-degree felony | 2–20 years | $10,000 | § 49.08 |
| DUI by a minor (under 21) | Class C misdemeanor | None (first offense) | $500 | ABC § 106.041 |
| In Texas, “DWI” (driving while intoxicated) applies to drivers 21+ under Penal Code § 49.04; “DUI” is a minor-only offense under Alcoholic Beverage Code § 106.041. A first offense with a BAC of 0.15+ is a Class A misdemeanor but does not carry the mandatory 30-day jail floor that applies to a second DWI (§ 49.09(a)). | ||||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas DWI charges, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts across the full DWI spectrum — first-offense Class B, BAC-≥-0.15 Class A enhancement, second-offense Class A, third-offense felony (§ 49.09(b)), DWI with child passenger (§ 49.045), intoxication assault (§ 49.07), and intoxication manslaughter (§ 49.08). Reggie's prosecutor background includes the DWI side of the docket; the defense work draws on knowing the state's playbook.
Frequently Asked Questions
How much jail time for first DWI in Texas?
72 hours mandatory minimum to 180 days maximum (Class B misdemeanor). Even probation requires 72 hours actual confinement. Open container = 6-day mandatory minimum. BAC 0.15 or higher = Class A misdemeanor (up to 1 year jail, $4,000 fine); a first offense has no mandatory 30-day jail term (that floor applies only to a second DWI).
Is third DWI a felony in Texas?
Yes — third-degree felony under Penal Code § 49.09. 2-10 years state prison; up to $10,000 fine. Habitual offender enhancement under § 12.42 if prior felonies. DWI 3+ is permanent felony conviction (no nondisclosure eligibility for felony DWI).
Can I get probation for DWI in Texas?
Yes for first and second DWI — typically with mandatory ignition interlock, substance abuse treatment, and minimum confinement (72 hours first; 30 days second). Deferred adjudication NOT available for DWI under § 49.09(d). Felony DWI (third) probation possible at judge's discretion.
What's the difference between DUI and DWI in Texas?
DWI (§ 49.04): drivers 21+ with BAC 0.08+ or impaired; misdemeanor to felony. DUI by Minor (Alcoholic Beverage Code § 106.041): drivers under 21 with any detectable alcohol; Class C misdemeanor first offense. Adult drivers are never charged with "DUI" in Texas — only DWI.
Does DWI go on my record permanently?
Yes — Texas DWI conviction is permanent unless expunged (only available for dismissals/acquittals) or sealed under HB 3016 first-time DWI with BAC under 0.15. License record: 35-year DPS retention. Insurance impact: 3-10 years.
