If you're caught behind the wheel in Texas with a blood alcohol concentration of .08 or higher, you can be charged with a DWI (Driving While Intoxicated). After the first charge, the state's criminal law penalties increase in severity and costs with each offense. Here's a closer look at how you can be impacted. 

Second Offense

Unlike some states, the Texas government doesn't limit the time frame on prior convictions. As a result, all second DWI convictions in the state—regardless of length between charges—result in between 30 days and 12 months in jail. The class A misdemeanor is also accompanied by a fine up to $4,000, along with an additional $4,500 fine if the most recent DWI occurred in the last 36 months.  If your BAC is over .15, there's another $6,000 charge.

Second offenses also come with the risk of losing your driver's license for up to two years. To get it reinstated, you must pay $100 and complete any court-ordered requirements specific to your case. Commonly, these conditions include DWI education classes, substance abuse evaluation and treatment, and community service. If the second DWI occurs within five years of the first, the installation of a special ignition switch is required. 

Subsequent Offenses

After two DWIs, Texas criminal law deems all subsequent charges as felonies. A third drunk-driving offense is a third-degree felony with between two and 10 years in state prison, up to a $10,000 fine, and a one to two-year license suspension. However, a driver that's spent previous time in a Texas penitentiary faces second-degree felony and up to 20 years in prison.

The severity of the conviction increases after four or more DWIs. If you have less than two prior incarcerations, it's a second-degree felony but the penalties match a standard third offense—up to 10 years in prison and a maximum $10,000 fine. With two or more state prison visits, the charge becomes an enhanced felony and includes a sentence of anywhere between 25 years to life behind bars. 


If you're facing a DWI charge, find out more about your options by contacting Anderson Law Firm in Texarkana, TX. Drivers across East Texas and Southwest Arkansas turn to the DWI attorney for effective criminal law advice as well as defense. Review the firm's services online, and request a personalized consultation at (903) 792-1229.