What is the penalty for a first DWI in Texas?

What is the penalty for a first DWI in Texas?

The Texas Penal Code makes a driving while intoxicated (DWI) offense in Texas a Class B misdemeanor with 72 hours minimum confinement¹, subject to the enhancements elsewhere in the statute.¹ The Texas Penal Code raises the offense to a Class A misdemeanor if analysis of a specimen showed an alcohol concentration at or above a set level at the time of analysis.¹ The Texas Department of Public Safety (DPS) lists obtaining an SR-22 as a possible requirement after a DWI conviction, to be maintained for 2 years⁴ from the date of conviction.⁴ DPS also states that the Driver Responsibility Program in Texas has been repealed.⁵ The Penal Code sets the class and the minimum confinement in these words:

an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

How do the Class A and Class B maximums compare in Texas?

The Penal Code lists the most a court can impose for each class of misdemeanor.

Class	Most the Penal Code allows
Class B misdemeanor	$2,000 fine; up to 180 days in jail2
Class A misdemeanor	$4,000 fine; up to 1 year in jail3

What the sources do not state

The sources used here do not say what sentence a court will give in any case. They do not cover the license suspension that follows a conviction. They also do not say whether a particular driver must obtain an SR-22.

Next step

The DPS Driver Responsibility Program page is the agency’s own page on the surcharge program. The filing lookup tool on this site lists the filing type, fee and duration for a violation.