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Second DWI Penalties in Texas


Driving under the influence of alcohol or drugs is criminalized in all states. Here in Texas, the crime is referred to as “driving while intoxicated” and is covered under Section 49.04 of the Texas Penal Code. According to the Texas Department of Transportation (TxDOT), “About every 20 minutes in Texas, someone is hurt or killed in a crash involving alcohol,” so the agency urges Texans to avoid drinking and driving.

Under Texas law, you are legally intoxicated and can be prosecuted for DWI with a blood or breath alcohol concentration (BAC) of .08%. However, anyone can be arrested for DWI if their BAC is less than .08% and they are intoxicated by any amount of drugs or alcohol.

Second DWI Penalties

In an earlier post, we discussed the penalties for a first DWI offense in Texas, which is typically a Class B misdemeanor. So, this time around we are shedding light on the penalties for a second DWI under the Texas Penal Code.

Second DWI Penalties

  • Class A misdemeanor
  • A maximum fine of $4,000
  • Between one month and one year in jail
  • Loss of driver license for a maximum of two years
  • Annual fee between $1,000 and $2,000 for three years to keep driver licenses

After someone has two or more DWI convictions within a five-year period, they are required by law to install an Ignition Interlock Device (IID), which keeps their vehicle from operating if the IID detects any alcohol in their breath.

“When DPS receives a court order restricting an individual’s ability to operate a motor vehicle equipped with an IID, the individual’s driving privilege will be cancelled unless a restricted interlock license is obtained. The cancellation takes effect on the 30th day from the date DPS sends notice to the individual. This cancellation can be removed once DPS receives a court order or vendor removal form signed by a judge or county clerk,” according to the Texas Department of Public Safety.

Facing DWI charges? Contact The Alband Law Firm to schedule a free case evaluation with a Fort Worth DWI defense attorney.