How much is bail for a DWI in Texas?

How much is bail for DWI in Texas?

How much is bail for DWI in Texas?

Bail for first-time DWI charges in Texas rarely exceeds $5,000.00. This is the first of many costs associated with the Texas DWI process. Judges have total discretion over bond amounts.

  • What is bail for DUI in Texas? Bail is the money a person must pay to be released while their case is pending. Bail acts as a security to secure a person’s presence in court.Cash bail has been around forever in Texas, but there is a growing debate about it’s utility. Learn more.
  • What’s the difference between bail and bond? Bail is the money put up to secure release. Bond is the total amount of money that must be posted with the county for a defendant to be released. When attempting to bail someone out of jail, it is first important to ascertain the bond amount.

What are the types of bond in Texas?

The five types of bond in Texas are attorney, cash, personal recognizance, property, and surety. Surety bonds are the most common form of bond.

  • What is an Attorney Bond? In Texas, and perhaps only in Texas, an attorney can obtain bond capacity with a particular county, empowering the lawyer to post bonds and essentially act as a bondsman. The act of posting a bond forms the attorney client relationship, and the attorney is automatically assigned to the defendant’s case.
  • What is a Cash Bond? A person can obtain release from jail anywhere in Texas by posting the entire bond amount in cash. The amount is returned at the end of the case, less administrative fees, no matter the resulting outcome.
  • What is a Personal Recognizance Bond? Personal Recognizance Bonds, or PR Bonds, as they are typically referred to, require no money for release. Recipients of PR Bonds are released on their own recognizance, which is essentially a personal promise to appear in court when directed.PR Bonds can be a lifeline for people who do not have the resources to get out of jail. However, many counties across Texas have begun to use the PR Bond system as a way to monitor people during the pendency of their criminal case.If financially feasible, it is better to work with a bail bond company instead of doing a PR Bond.
  • What is a Personal Recognizance Bond? Much like a cash bond, a person can “put up” their property to effect release from jail. Property Bonds are more rare these days, and not accepted everywhere. Some bail bonds companies will accept property in lieu of cash for a Surety Bond.
  • What is a Surety Bond? A Surety Bond is a bond posted through a bail bond company. This is the most popular type of bond in Texas. Typically, bail bond companies will only charge a percentage of the total amount. This makes jail release far more affordable.

How much does a bail bond cost in Texas?

There are no longer DWI surcharges in Texas. In 2019 the Texas Legislature repealed the Driver Responsibility Program. Learn more.

  • How much of bail bond do you pay?Most bond companies in Texas charge 10% of the total bond amount. This is a business practice, and is not legislatively set. Ultimately, bond companies can charge whatever they want.
  • What happens to bail money if charges are dropped?Bail monies are not returned at the end of a case. Cash bail, paid in full, is the exception. Whether a person is found guilty or innocent, goes to jail, is placed on probation, or has their charge dismissed has no impact on getting money back.

What happens on your first DWI in Texas?

Every person charged with DWI in Texas is facing jail time. Texas is home to some of the most serious DWI consequences in the nation. However, every citizen is entitled to a bond and release from jail while fighting the charges against them.

  • How much is bond for DWI 1st in Texas? Most bail bonds for first-time DWI offenders are in the hundreds or low thousands. Ultimately, Judges have total discretion, and can consider all relevant factors when setting the amount.
  • How much is bond for DWI 2nd in Texas? Bond for second-time DWI offenders is typically set in the mid-thousands. Everyone charged with a DWI second-offense is required to maintain an alcohol monitoring device as a condition of bond. This is a costly expense that must be incurred monthly.
  • How much is bond for Felony DWI 3rd or more in Texas? Bond for repeat DWI offenders in Texas normally starts around $10,000.00, but can be much higher depending on the circumstances of the incident and the time between prior convictions. Learn more about DWI 3rd+ in Texas.


Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.


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He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.


Read More Reviews





Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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