Understanding the Types of DWI Offenses in Texas

Attorney Trey Porter
Trey Porter

Understanding the Types of DWI Offenses in Texas

Driving While Intoxicated (DWI) offenses in Texas can have serious legal consequences, making it crucial to understand the different types of DWI offenses and their implications. By understanding the different types of DWI offenses, we can better comprehend the potential ramifications of a DWI arrest and the importance of seeking professional legal representation in such cases.

First-Time DWI Offenses

A first-time DWI offense occurs when an individual is arrested for DWI for the first time and has no prior DWI convictions. In Texas, the legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08%. If a person is found to be operating a motor vehicle with a BAC at or above this limit, they can be charged with a first-time DWI offense. 

The penalties for a first-time DWI may include fines up to $6,000, license suspension for up to one year, mandatory attendance in alcohol education programs, and potential jail time ranging from 3 days to 365 days.

Repeat DWI Offenses

Repeat DWI offenses in Texas refer to subsequent DWI arrests after an individual has already been convicted of a prior DWI offense. The penalties for repeat DWI offenses become significantly more severe. 

For a second DWI conviction, individuals face thousands of dollars in fines, license suspension for up to two years, mandatory ignition interlock device installation, probation, and potential jail time ranging from 30 days to one year. 

Third or subsequent DWI convictions are considered felonies and can result in fines up to $10,000, license suspension for up to two years, mandatory ignition interlock device installation, intensive probation, and imprisonment for 2 to 10 years.

DWI with Child Passenger 

DWI with a child passenger is a serious offense that can lead to enhanced penalties. If an individual is arrested for DWI while transporting a child who is younger than 15 years old, they can face charges of DWI with child passenger.

This offense is considered a state jail felony, carrying penalties that include fines up to $10,000, license suspension for up to 180 days, mandatory ignition interlock device installation, and imprisonment ranging from 180 days to 2 years.

Intoxication Assault and Intoxication Manslaughter

DWI offenses resulting in bodily injury or death are charged as intoxication assault and intoxication manslaughter, respectively. Intoxication assault involves causing serious bodily injury to another person while operating a motor vehicle under the influence of alcohol or drugs. 

It is a third-degree felony with penalties that can include fines up to $10,000 and imprisonment ranging from 2 to 10 years. Intoxication manslaughter occurs when a DWI offense leads to the death of another person. It is a second-degree felony, punishable by fines up to $10,000 and imprisonment ranging from 2 to 20 years.

Contact Trey Porter Law Today 

Understanding the various types of DWI offenses in Texas is crucial for individuals to comprehend the potential legal consequences they may face following a DWI arrest. 

Whether it is a first-time offense, a repeat offense, or a DWIinvolving a child passenger or causing bodily injury/death, the penalties become progressively severe. Seeking professional legal representation from a skilled DWI lawyer is essential to navigate the complexities of the legal system, protect one’s rights, and mount a strong defense strategy. 

If you or someone you know is facing any type of DWI offense in Texas, it is crucial to consult with a qualified DWI lawyer as soon as possible. They can guide you through the legal process, explain your rights, and work diligently to build a strong defense. Remember, everyone is entitled to a fair trial, and a skilled DWI attorney will fight to protect your rights and seek the best possible outcome.

Did like a post? Share it with:
Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.


If you have been arrested and charged with a crime, it’s time to start building your defense.

Related Posts

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts


Explore Our Legal Categories

constitutional rights









What our clients think about us

Unlock the Perks of Choosing Us!


a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
Contact Trey Porter Today
Request a free consultation
Legal Insights Unveiled:
Your Path to Clarity

Results matter when life and livelihood are on the line. DWI arrests are warrantless arrests, and the State is legally bound to a burden of proving the charge beyond all reasonable doubt.

© 2024 Trey Porter | All Rights Reserved