Second Offense DWI in Texas

A Driving While Intoxicated (DWI) offense in Texas happens when a person operates a vehicle while impaired by alcohol, a controlled substance, a dangerous drug, or any other intoxicating substance. For alcohol-related impairment, intoxication is established if the driver's blood alcohol concentration (BAC) is 0.08% or higher at the time of driving. A first-time DWI offense is a Class B misdemeanor. However, a first offense with a BAC of 0.15% or higher and a second DWI offense is treated as a Class A misdemeanor. A second DWI offense occurs when an individual is arrested for DWI in Texas and has a prior DWI-related conviction. Under Tex. Penal Code § 49.09(a), a second DWI offense has a minimum jail term of 30 days.

Is a 2nd DWI a Felony in Texas?

A second DWI offense in Texas is generally a Class A misdemeanor. Still, depending on the severity of the circumstances, it can be elevated to a third, second, or first-degree felony.

A second DWI becomes a third-degree felony offense if the vehicle operator has:

• Two or more DWI prior convictions, or
• One prior conviction for intoxication manslaughter.

A second DWI offense will be a second-degree felony if it involves intoxication assault against an on-duty firefighter or emergency medical services (EMS) personnel.

A second DWI offense is elevated to a first-degree felony if the driver:

• causes serious bodily injury (intoxication assault) to a peace officer or judge performing their official duties, or
• commits intoxication manslaughter (causing a fatality) involving a peace officer, firefighter, EMS personnel, or judge on duty

What is the Lookback Period for a Second DWI in Texas?

Some states impose a lookback period (e.g., five or ten years) for DWI offenses, meaning only prior convictions within that time frame can enhance sentencing for a new offense. However, Texas has no such limitation. All prior DWI convictions, regardless of how old they are, may be used to increase penalties for a subsequent offense.

What are Aggravating Factors in a Second DWI?

Several factors can aggravate the penalties of a second DWI offense in Texas. These include:

• Having a BAC of 0.15% or more (Tex. Penal Code § 49.04(d))
• Having a child passenger under 15 years in the vehicle (Tex. Penal Code § 49.045)
• Causing an accident with injury or death (Tex. Penal Code § 49.08)
• Refusing a chemical test (Tex. Transp. Code § 724.035)
• Having an open alcohol container in the vehicle while driving intoxicated (Tex. Penal Code § 49.04(c))

What Happens If You Get a 2nd DWI/DWI in Texas

A second DWI offense in Texas carries harsher penalties than a first offense, with consequences varying based on the case's specifics. Common penalties for a second DWI conviction include:

• Jail time
• Fine up to $10,000 (for a Class A misdemeanor)
• Driver's license suspension
• Mandatory Ignition Interlock Device (IID) installation if the offense happened within five years of the first
• DWI Education or Intervention
• Community Supervision/Probation
• Community Service

How Long Does a Second DWI Stay On Your Record in Texas?

Permanently. Under Tex. Gov. Code § 411.0731, a second DWI offender is disqualified from having the offense sealed or expunged from their criminal record. Record sealing is only possible for first-time offenders under specified conditions.

How Much Does a Second DWI Cost in Texas

In Texas, a first-time DWI offense is classified as a Class B misdemeanor and may carry a fine of up to $2,000 (Tex. Penal Code Ann. ch. 12, subch. A). For second DWI offenses, the potential fines increase based on the severity of the charge: a second DWI classified as a Class A misdemeanor may result in a fine of up to $4,000, while first, second, or third-degree felony DWI convictions can lead to fine assessments of up to $10,000. In addition, the offender may be liable for other accompanying costs, such as medical care, high-risk insurance, civil judgments, and income loss.

Chances of Going to Jail for a Second DWI in Texas

The chances of going to jail for a second DWI offense in Texas are significantly higher than for a first-time offense, and incarceration is often mandatory. However, actual jail time varies depending on the severity of the case and the court's final decision. The statutory confinement periods for a second DWI conviction are as follows:

• Class A misdemeanor DWI: 30 to 180 days
• Third-degree felony DWI: 2 to 10 years
• Second-degree felony DWI: 2 to 20 years
• First-degree felony DWI: 5 to 99 years

Driver's License Suspension for a Second DWI in Texas

Driver's licenses in Texas are generally suspended under the Administrative License Revocation (ALR) Program or by court order after a DWI. A second-time DWI offender will typically have their license suspended under the ALR if they refuse to take a chemical test or the test returns a BAC of 0.08% or higher. However, the threshold for drivers of commercial vehicles is 0.04%. Offenders usually have 15 to 20 days to contest the suspension, depending on the circumstances.

The suspension period for a second DWI offense ranges from 180 days to 2 years (Tex. Transp. Code § 521.344). However, during this period, an offender may apply for an Occupational Driver's License (ODL), which allows them to drive non-commercial vehicles to work, school, or for necessary household chores. An ODL is obtained by petitioning the court to issue an order directing the Texas Department of Public Safety (DPS) to issue the license.

Ignition Interlock Device Requirement

The installation of an Ignition Interlock Device (or IID) on the primary vehicle of a second-time DWI offender is compulsory (Tex. Code Crim. Proc. art. 42A.408(c)). This device stops a vehicle from starting if it detects alcohol on the driver's breath.

Also, courts commonly mandate IID installation as a probation condition and a requirement for obtaining an occupational driver's license. The IID is typically maintained throughout the offender's probation, and the offender covers all resulting costs. To operate a vehicle with an IID, the offender must also obtain a restricted interlock license.

DWI School and Substance Abuse Treatment

Second-time DWI offenders in Texas who are granted community supervision are required to undergo a substance abuse evaluation to assess their relationship with alcohol. Based on the results, the court may mandate a suitable rehabilitation plan, which often includes completing a 32-hour DWI Repeat Offender Program. First-time offenders usually go through a 12-hour DWI Education Program; however, the state considers it necessary to have a prolonged education for repeat offenders.

Probation Conditions

The probation requirements for a repeat offender in the state typically include:

• Travel restrictions
• Installation of an Ignition Interlock Device
• Completing court-ordered programs
• Regular meetings with a probation officer
• Regular drug and alcohol tests

Community Service Requirements

Under Tex. Code Crim. Proc. art. 42A.304, a judge may require a defendant placed on community supervision or probation to perform community service. If the second DWI offense is classified as a Class A misdemeanor, the court may impose between 80 and 200 hours of community service. If the offense is enhanced to a felony, the maximum service hours are as follows:

• 600 hours for a third-degree felony
• 800 hours for a second-degree felony
• 1,000 hours for a first-degree felony

However, the court may not impose community service if the defendant is mentally or physically unable to participate, or if participating would cause an undue hardship for the defendant or their dependents.

Impact on Auto Insurance

A second DWI conviction in Texas can result in auto insurance companies classifying the offender as a high-risk driver. Insurance providers typically respond by imposing substantially higher premiums, cancelling existing policies, or declining renewal.

Additionally, Texas law requires second-time DWI offenders to obtain a Financial Responsibility Insurance Certificate (SR-22) from a state-approved insurance provider. The individual must also maintain continuous coverage for two years from the conviction date. To reinstate a driver's license, the offender will need to submit the SR-22 form to the DPS and a $100 reinstatement fee in addition to any previous fees owed.

Which Courts Handle DWI Cases in Texas?

DWI cases in Texas are processed in both criminal and administrative proceedings. County Courts at Law generally preside over Class A and B misdemeanor DWI cases, including first and second offenses without aggravating circumstances. District Courts, on the other hand, have jurisdiction over felony DWI cases, such as those involving serious injury, death, or repeat offenses enhanced under Texas law. Below are key courts in major Texas cities that routinely handle DWI matters:

Harris County Criminal Court at Law
1201 Franklin Street
Houston, TX 77002
Phone: (832) 927-5900

Dallas County Criminal District Court
133 North Riverfront Boulevard
Dallas, Texas 75207
Phone: (214) 712-3088

Williamson County District Courts
405 Martin Luther King Street
Georgetown, TX 78626

Bexar County Courts at Law
100 Dolorosa
San Antonio, TX 78205
Phone: (210) 335-2011

Travis County Criminal Courts
509 West 11th Street
Austin, TX 78701
Phone: (512) 854-9244

The Texas Department of Public Safety administers the Administrative License Revocation (ALR) Program, a civil process that may suspend driving privileges following a DWI arrest, regardless of criminal court outcomes.

While Texas has a Department of Motor Vehicles (TxDMV), the DPS retains exclusive jurisdiction over all DWI-related driver's license actions, including suspensions, reinstatements, alcohol-related penalties, and SR-22 certification requirements.

Can You Get a DWI on a Horse in Texas?

No. Individuals can not be charged with a DWI on a horse in Texas, as it does not qualify as a "motor vehicle" under Tex. Penal Code § 32.34. However, riding a horse while intoxicated may still lead to other charges, such as public intoxication under Tex. Penal Code § 49.02.