What Texas charges for a first DWI offense
A first-time DWI conviction in Texas carries a mandatory fine between $400 and $2,000. The actual amount depends on your blood alcohol content (BAC) at the time of arrest and whether you caused an accident or injury. A conviction also triggers an automatic license suspension separate from any fine — the state suspends your driving privilege for a set period regardless of whether you pay the fine.
Beyond the fine itself, you will owe court costs, which vary by county but typically range from $100 to $300. Some counties also assess a DWI surcharge of $100 to $200 annually for three years after conviction. If you were arrested but not yet convicted, you may still face administrative penalties through the Texas Department of Public Safety (DPS) even if your criminal case is dismissed or acquitted.
Key Takeaways
- A first DWI conviction in Texas carries a fine of $400 to $2,000, plus court costs that vary by county.
- Your driver's license is suspended for 90 days to one year by the state, separate from any criminal sentence.
- If you refuse a breath or blood test, the DPS can suspend your license for 180 days to two years before any criminal conviction occurs.
- You may be ordered to install an ignition interlock device on your vehicle, which costs $60 to $100 per month to maintain.
- A DWI surcharge of $100 to $200 per year for three years is added after conviction in most Texas counties.
License suspension length for first offense
Texas law distinguishes between two types of suspension: the criminal suspension imposed by a judge after conviction, and the administrative suspension imposed by the DPS based on your arrest alone.
If you are convicted of DWI, the judge must suspend your license for a minimum of 90 days and a maximum of one year. The length depends on your BAC level and whether you caused injury or property damage. If your BAC was 0.08 to 0.15, the minimum is 90 days. If your BAC was above 0.15, or if you refused the breath or blood test, the minimum suspension is one year.
If you refused the breath or blood test at the time of arrest, the DPS can suspend your license administratively for 180 days (first refusal) or two years (second or subsequent refusal), even before your criminal case goes to trial. This suspension happens automatically unless you request a hearing with the DPS within 15 days of your arrest.
How the administrative license suspension works
When you are arrested for DWI in Texas, the officer takes your physical driver's license and gives you a notice of suspension. This notice is valid for 41 days — during that time, you can still drive. On day 41, your license is suspended by the DPS unless you have requested a hearing.
To request a hearing, you must contact the DPS within 15 days of your arrest. The hearing officer will review whether the officer had reasonable cause to stop you and whether there was probable cause to believe you were driving while intoxicated. If you lose the hearing, the suspension takes effect. If you win, the suspension is cancelled, even if you are later convicted of the crime itself.
Many people do not know that winning an administrative hearing does not protect you from a criminal conviction and the criminal suspension that follows. The two processes are separate. You can win the DPS hearing and still be convicted in court, at which point a judge imposes a new suspension.
Ignition interlock device requirements and costs
Texas judges have discretion to order an ignition interlock device (IID) as part of a first DWI sentence. An IID is a breathalyzer installed in your vehicle that prevents the engine from starting if it detects alcohol on your breath. The device costs $60 to $100 per month to install, calibrate, and maintain, and you pay this cost directly to the service provider.
If the judge orders an IID, you must use it for the entire length of your license suspension or longer, depending on the sentence. Some judges order the device for six months to a year even if the suspension is shorter. You are responsible for all costs associated with the device, including monthly service fees and any repairs if you tamper with or damage it.
If you cannot afford the IID, you can request a hearing to show financial hardship, but the judge is not required to waive the requirement. Some counties have programs that help cover IID costs for low-income drivers, though these are not available everywhere.
Other costs and penalties beyond the fine
In addition to the fine and court costs, a DWI conviction triggers several other financial obligations. Texas imposes a DWI surcharge of $100 to $200 per year for three years after conviction — this is separate from the fine and goes to the state's general fund. You must pay this surcharge to renew your driver's license.
You may also be ordered to complete a DWI education program, which costs $100 to $500 depending on the provider and county. Some counties require this program before you can get your license back; others make it optional but recommend it to the judge for sentencing consideration.
If you caused property damage or injury, you may face additional restitution ordered by the judge. You are also responsible for the cost of your own legal representation if you hire a private attorney — court-appointed counsel is available only if you cannot afford to pay.
How a first offense differs from repeat offenses
A first DWI in Texas is classified as a Class B misdemeanor. The maximum jail sentence is 180 days, though many first offenders receive probation instead. A second DWI within 10 years becomes a Class A misdemeanor with up to one year in jail and a fine up to $4,000. A third DWI becomes a felony.
The fine amounts and suspension lengths increase significantly with each offense. A second conviction carries a mandatory license suspension of one year to 18 months. A third carries 18 months to two years. The DPS also tracks refusals across your lifetime — a second refusal within 10 years results in a two-year administrative suspension, even on a first criminal conviction.
Texas also has an "look-back" period of 10 years for DWI purposes. Any DWI conviction or refusal within the past 10 years counts toward determining whether a new arrest is treated as a repeat offense. Convictions older than 10 years do not count, but they may still appear on your criminal record.
What happens if you cannot pay the fine
If you are convicted and cannot pay the fine, you can request a hearing to show financial hardship. The judge may reduce the fine, allow you to pay in installments, or order you to perform community service in place of payment. However, the judge is not required to reduce or waive the fine.
If you do not pay and do not request a hearing, the court can refer your case to a collection agency, report the debt to credit bureaus, or suspend your license again until you pay. Some counties also allow the judge to convert unpaid fines to jail time at a rate of $50 to $100 per day, though this is less common for first offenses.
The DWI surcharge must be paid to renew your license, so if you do not pay it, you cannot legally drive. Unlike the fine itself, the surcharge cannot be reduced or waived for financial hardship in most counties.
Frequently Asked Questions
Can I drive during my license suspension?
Not legally. During a suspension, you cannot drive at all, even to work or medical appointments. Some judges grant a "hardship license" or "occupational license" that allows you to drive to work, school, or medical treatment during the suspension period, but you must request this from the judge and show genuine hardship. The occupational license costs $100 to $200 to obtain.
Does a first DWI stay on my record forever?
Yes, a DWI conviction remains on your criminal record permanently in Texas. You cannot have it removed or sealed. However, if you are arrested but not convicted, you may be able to have the arrest record sealed after a waiting period, typically two years.
What if I was under 21 when arrested for DWI?
Texas has a zero-tolerance law for drivers under 21. Any detectable amount of alcohol is a violation. The penalties are less severe than for adults (Class C misdemeanor, $100 to $500 fine, 60-day license suspension), but a conviction still appears on your record and counts as a prior offense if you are arrested again.
Will my insurance rates go up after a DWI conviction?
Yes. Most insurance companies increase rates significantly after a DWI conviction, and some will not renew your policy at all. You may be required to carry SR-22 insurance, which is a certificate of financial responsibility that costs more than standard coverage. This requirement typically lasts three years.
Can I get my license back early if I complete an ignition interlock program?
In some cases, yes. Texas allows early license reinstatement after you have completed an ignition interlock program for a certain period, typically 90 days to six months depending on the judge's order. You must request this from the court and pay a reinstatement fee of $100 to $200.