Penalties for a second DUI in Texas include up to $4,000 in fines, up to a year in jail, and a two-year license suspension—and your car insurance rates increase.
Penalties for a second DUI in Texas include up to $4,000 in fines, up to a year in jail, and a two-year license suspension—and that doesn’t even cover your
are strict—even for first-time offenders—and the chances of getting your charges dropped, reduced, or expunged are slim and complicated.
If you’re charged with driving while intoxicated for the second time in the state of Texas, the date of your first conviction or whether or not you got the records expunged are irrelevant—the prior conviction will still count against you, which means serious consequences.
The potential penalties for a second Texas DWI include:
Up to $4,000 in fines
Another $3,000, $4,500, or $6,000 fee assessed by the state at sentencing
charge will be enhanced to a higher-class misdemeanor or even a felony. Aggravating factors in Texas include:
Having a child in the car: If you’re charged with a DWI while a child younger than 15 is in the motor vehicle, you’ll be charged with a state jail felony. This carries a minimum 180-day jail sentence and up to $10,000 in fines.
Breathalyzer test was significantly over the legal limit: A BAC of 0.08% is considered intoxicated in Texas. If caught driving with a higher than 0.15% BAC, you’ll be charged with an aggravated DWI, moving from a class B to a class A misdemeanor.
of alcohol in the car will also constitute an aggravated DWI.
Repeat offenses: Your 2nd DWI charge will likely be charged as an aggravated DWI. If you’re facing a third charge, it will probably be a felony punishable by up to 10 years in prison.
Intoxication assault: If someone is injured due to your drunk driving, your DWI charge will be moved to the felony level, which could mean up to 10 years in prison and as much as $10,000 in fines.
Intoxication manslaughter: When someone dies due to a driver’s intoxication, the driver will be charged with felony manslaughter and face up to 20 years in prison.
Multiple DUIs can cost thousands over the long term
If you’re convicted of a second DWI in Texas, you could face thousands—or even tens of thousands—of dollars in losses. This includes court costs, attorney fees, state fines, and more.
Here’s a breakdown of the financial consequences of getting a DWI in Texas.
Fees, penalty assessments, and DUI school
On top of the fees and penalty assessments from your first DWI, a 2nd DWI conviction in Texas comes with heavy penalties:
Fines: Up to $4,000, plus the state-assessed fine that may be as high as $6,000
Jail: Jail time is a possibility and could result in loss of income or your job
Driving course: DWI education program at your own expense—around $70 for first-time offenders, but $200 for a more intensive course often assigned to repeat offenders
for a second offense, you’ll have to pay the state an annual $1,500 surcharge for the following three years—a total of $4,500
Alternative transportation
You won’t be able to drive your car with a suspended license, so you’ll have to find another way to get around.
Unless you can rely on the enduring generosity of friends and family, you’ll likely end up paying for public transportation, ridesharing services, and taxi service to get to work or run errands. The cost for this varies depending on where you live and how far away your job is.
Increased car insurance costs
When your license is reinstated, you’ll have to buy car insurance—and it doesn’t come cheap with a DUI conviction.
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FAQs
Is jail mandatory for a 2nd DUI in Texas?
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Yes—If you are convicted for the second time with a DWI, Texas law requires that you be sentenced to a minimum of 72 hours in jail.
Does the Texas second chance law apply to a 2nd DUI?
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No—Texas’s second chance law only applies to first-time offenders who are not likely to have a repeat offense. The requirements are strict and ensure no serious or repeat offenders can apply. To be eligible for the program, a person must meet the following:
The DWI is the applicant’s first offense
The DWI is classified as a misdemeanor (not a felony)
There were no injuries while driving under the influence
The applicant’s blood alcohol concentration was less than 0.15 at the time of the DWI arrest
The applicant cannot have any unrelated convictions on their driving record
Is a DUI a felony in Texas?
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The first two DWI convictions in Texas are considered misdemeanors—after that, you’re facing felony charges with much steeper DWI penalties and higher fines. You’ll be sentenced to no less than two years in prison if convicted of a third DWI.
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