In Texas, a person who is convicted of driving while intoxicated (DWI) can face severe penalties, including fines, jail time, and license suspension. If pulled over by police under suspicion of DWI, you might not know what to expect if it is your first time being suspected and stopped. But if the stop is for a subsequent DWI offense, you probably know the drill. That said, you might not be aware that a conviction for DWI repeat offenders in the Lone Star State has associated penalties that are more severe than for first-time offenders.


Under Texas law, a person is considered a DWI repeat offender if he or she has been convicted previously of DWI (or certain other crimes such as intoxication assault or intoxication manslaughter). The penalties for a DWI repeat offender depend on the number of prior DWI convictions he or she has received.



A second DWI offense is a Class A misdemeanor. If someone is convicted of a DWI in Texas for the second time within ten years, they may face the following penalties:

  • A fine of up to $4,000
  • Jail time of 30 days to one year
  • Driver’s license suspension of up to two years
  • Ignition interlock device installation in vehicle
  • Completion of a DWI Intervention Program


A third or greater DWI offense is a third-degree felony. If someone receives a third Texas DWI within ten years, the penalties increase and may include:

  • A fine of up to $10,000
  • Prison time of two to 10 years
  • Driver’s license suspension of up to two years
  • Ignition interlock device installation in vehicle
  • Completion of a DWI Intervention Program


If you need to find an approved Alcohol, Drug, or DWI Course Provider in Texas,

visit the official website of the

Texas Department of Licensing and Regulation (TDLR)

to search their database of

COURT ORDERED EDUCATION PROGRAMS for Drug and Alcohol Education.



It is important to note that Texas Penal Code Sec. 49.09 outlines ways in which a DWI offender can end up with enhanced charges, which can result in even more severe penalties. For instance, Texas drunk driving laws state that if someone is convicted of a DWI having had a blood alcohol concentration (BAC) of 0.15 or higher, or if someone convicted of a DWI in which an accident occurred that caused at least one person to suffer serious bodily injury or death, they may face longer prison sentences, greater fines, and longer driver’s license suspensions. Also, a Texas DWI offense can yield enhanced charges if the offender was driving with a minor child passenger.


Overall, the penalties for DWI repeat offenders in Texas can be severe and can have a significant impact on their lives. It is important for drivers to take DWI crimes seriously. If a driver does end up facing DWI charges, he or she should seek legal counsel to determine how to proceed.


Are you facing charges for a Texas DWI 2nd Offense or greater in the Austin, Texas area? If you need professional legal representation from a reputable DWI attorney with years of experience handling DWI cases, Brian Erskine of Erskine Law can help. Contact Law Maverick Brian Erskine today for more information about how he can assist you with your case.