# Texas DWI Penalties | TadLaw

**Table of Contents***[*Expand*]*

1. Public Intoxication
2. 1st DWI
3. 2nd DWI
4. 3rd DWI
5. Intoxication Assault/DWI Injury
6. Intoxication Manslaughter
7. DWI Child Passenger
8. DWI Open Container
9. Are You Looking for a DWI Lawyer in Houston?
10. Houston DWI Lawyer Tad A. Nelson

## Public Intoxication

When a person is convicted of Public Intoxication, or of being intoxication while in a “public place”, the following penalties apply.

**CLASSIFICATION**: Class C Misdemeanor
**FINE**: Up to $500.00

## 1st DWI

When a person is convicted of Driving While Intoxicated for the first time, in Texas, potential penalties listed below may apply.

**CLASSIFICATION**: Class B Misdemeanor
**FINE**: Up to $2,000
**PRISON SENTENCE**: 72 Hours – 180 Days
**TEXAS DRIVERS LICENSE SUSPENSION**: 90 Days to 365 days

## 2nd DWI

When a person is convicted of Driving While Intoxicated for the second time, in Texas, potential penalties listed below may apply.

**CLASSIFICATION**: Class A Misdemeanor
**FINE**: Up to $4,000
**PRISON SENTENCE**: 30 Days – 1 Year
**TEXAS DRIVERS LICENSE SUSPENSION**: 180 days to 2 years

## 3rd DWI

When a person is convicted of Driving While Intoxicated for the third time, in Texas, potential penalties listed below may apply.

**CLASSIFICATION**: 3rd Degree Felony
**FINE**: Up to $10,000
**PRISON SENTENCE**: 2 – 10 Years (TDC)
**TEXAS DRIVERS LICENSE SUSPENSION**: 180 days to 2 years

## Intoxication Assault/DWI Injury

When a person is convicted of injuring someone as a result of Driving While Intoxicated the potential penalties listed below may apply.

**CLASSIFICATION**: 3rd Degree Felony
**FINE**: Up to $10,000
**PRISON SENTENCE**: 2 – 10 Years (TDC)
**TEXAS DRIVERS LICENSE SUSPENSION**: 180 days to 2 years

## Intoxication Manslaughter

When a person is convicted of killing someone as a result of Driving While Intoxicated the potential penalties listed below may apply.

**CLASSIFICATION**: 2nd Degree Felony
**FINE**: Up to $10,000
**PRISON SENTENCE**: 2 – 20 Years (TDCJ)
**TEXAS DRIVERS LICENSE SUSPENSION**: 180 days to 2 years

## DWI Child Passenger

When a person is convicted of Driving While Intoxicated, with the added element of their being a child passenger in the vehicle at the time, the potential penalties listed below may apply.

**CLASSIFICATION**: State Jail Felony
**FINE**: Up to $10,000
**PRISON SENTENCE**: 6 Months – 2 Years State Jail
**TEXAS DRIVERS LICENSE SUSPENSION**: 90 days to 2 years

## DWI Open Container

If a person is convicted of Driving with an Open Alcoholic Container, the potential penalties listed below may apply.

**CLASSIFICATION**: Class B Misdemeanor
**FINE**: Up to $2,000
**PRISON SENTENCE**: 6 Days – 180 Days Harris County Jail
**TEXAS DRIVERS LICENSE SUSPENSION**: 90 days to 1 Year

## Are You Looking for a DWI Lawyer in Houston?

### Call Attorney Tad A. Nelson today!

Whether you’re facing criminal charges for a misdemeanor DWI offense or a felony, our office has the skill and experience to help you avoid the suspension of your Texas Driver License, costly Texas Driver License renewal surcharges, jail time, and ultimately a conviction.

Since 1995 our office has provided outstanding DWI & DUI defense services and we’ve developed a reputation as a top Houston DWI law firm. If you need help, we’re here for you.

If you have questions about our ability to be effective for you on your case, contact our office today at [281-280-0100](tel:+12812800100). 100% Free & Confidential case evaluations are available.

### Texas DWI Penalties

## Houston DWI Lawyer Tad A. Nelson

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Source: https://tadlaw.com/resources/texas-criminal-justice/texas-dwi-penalties/