If you are facing a second offense DWI charge in Texas, one of the first questions on your mind is likely what penalties you may face.

Below we will take a look at the potential punishments for a second DWI offense in Texas.

What level offense is a second DWI in Texas?

While a first offense DWI in Texas is a Class B misdemeanor, the charge is elevated to a Class A misdemeanor for a second offense.

It is important to note that you will face a much more severe charge and penalties if you injured or killed someone or caused a car accident while intoxicated.

What penalties will I face for a second DWI offense?

If convicted of a second offense DWI in Texas, you may face 30 days-1 year in jail.

You will also face a potential fine up to $4,000 and the loss of your driver’s license for 180 days-1 year.

You may also be required to pay an annual surcharge of $1,500 a year for three years to the court. This is increased to $2,000 per year if you blew .16 or above.

Are these the only penalties I might face?

No.

The judge may also order your car have an ignition interlock device installed in it. In order to start your car, you will have to blow into the device without a trace of alcohol on your breath.

The judge may additionally order you to attend an alcohol awareness or DWI intervention program.

While every case is unique, if you are sentenced to probation, you will be required to adhere to strict guidelines set out by your individual judge.

Every probation is designed differently based on the facts of the particular case.

Typically, a second offense DWI probation period can last up to 2 years.

Common probation guidelines include:

  1. Reporting weekly or monthly to a probation officer;
  2. Serving up to 30 days in jail as part of your probation;
  3. Having an ignition interlock device installed in your vehicle;
  4. Abstaining from consuming any alcohol during your probation period;
  5. Paying a portion of the statutory fine;
  6. Committing no further crimes while on probation;
  7. Performing a set amount of community service (80 hours minimum for a second DWI offense);
  8. Attending alcohol awareness/DWI intervention classes;
  9. Submitting to any breath test ordered by law enforcement or the court;
  10. Paying any court costs;
  11. Remaining in the county for the duration of your probation; and
  12. Paying a surcharge of $1,500 annually for 3 years ($2,000 a year if you blew over .16).