What happens on a second or third DWI in Texas?

What is the penalty for a second or third DWI in Texas?

The Texas Penal Code raises the class of a driving while intoxicated (DWI) offense in Texas when the person has earlier convictions. The Penal Code counts one prior conviction for an intoxication-related vehicle, aircraft, watercraft or amusement-ride offense, and makes the new DWI a Class A misdemeanor with 30 days minimum confinement¹.¹ The Penal Code sets the maximum for a Class A misdemeanor at $4,000 fine; up to 1 year in jail².² The Penal Code applies the Class A enhancement if it is shown on the trial of the offense that the person has the earlier conviction.¹ The Penal Code makes a DWI a third-degree felony in two cases: a prior conviction for intoxication manslaughter, or two prior convictions for other intoxication-related offenses.¹ Part of the felony rule reads:

is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted: (1) one time of an offense under Section 49.08

How long is the license suspension after a repeat DWI in Texas?

The Transportation Code gives the court a different suspension range for a person punished under the Penal Code enhanced-offense provisions it names.

Situation	Court-set suspension
Punished under the enhanced-offense provisions the Transportation Code names	180 days to 2 years3
Punished under those provisions and also subject to the further provision the code names	1 to 2 years3

Can a judge deny an occupational license after more than one DWI conviction in Texas?

The Transportation Code says a judge may deny an occupational license petition when the petitioner has been convicted of a Penal Code intoxication offense more than once in 10 years⁴, counted back from the date of the petition.

What the sources do not state

The sources used here do not give the fine or the length of confinement for a third-degree felony. They also do not say what sentence a court will give in any case, or which length of suspension a court will choose within a range.

Next step

The Texas Legislature page for the Penal Code on enhanced offenses is the official source for the penalty text. The filing lookup tool on this site lists the filing type, fee and duration for a violation.