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A DWI conviction in Houston can lead to jail or prison time, thousands of dollars in fines, driver’s license suspension, probation requirements, and other long-term consequences. The exact punishment depends on whether you have prior DWI convictions, your blood alcohol concentration, whether a child was in the vehicle, and whether anyone was seriously injured or killed.
Texas law can also increase what might ordinarily be a misdemeanor DWI to a felony.
If you have been arrested, understanding the DWI penalties in Houston is only the first step. The prosecution must still prove the charge against you. LaVine Law Firm defends people accused of DWI throughout Houston and can evaluate the traffic stop, sobriety testing, breath or blood evidence, and other parts of the case.
Call 713-965-7305 to discuss your situation.
Houston follows Texas DWI law. The basic penalties become more serious with each prior qualifying intoxication conviction.
| Charge | Jail or Prison | Maximum Criminal Fine |
| First DWI | 72 hours to 180 days in jail | $2,000 |
| First DWI with BAC of .15 or higher | Up to 1 year in jail | $4,000 |
| Second DWI | 30 days to 1 year in jail | $4,000 |
| Third DWI | 2 to 10 years in prison | $10,000 |
| DWI with child passenger | 180 days to 2 years in state jail | $10,000 |
| Intoxication assault | 2 to 10 years in prison | $10,000 |
| Intoxication manslaughter | 2 to 20 years in prison | $10,000 |
These are statutory ranges, not predictions of what will happen in a specific case. Prior convictions and other enhancement provisions can increase the potential punishment further.
Texas also imposes certain additional traffic fines after a final conviction for an intoxicated-driving offense. These can reach $3,000 for a first conviction within 36 months, $4,500 for a second or later conviction within 36 months, or $6,000 when the qualifying alcohol concentration is .15 or higher. The statute provides for waiver when the court finds the defendant indigent.
A standard first DWI under Texas Penal Code § 49.04 is generally a Class B misdemeanor.
Potential consequences include:
If an open container of alcohol was in your immediate possession, the minimum confinement increases to six days.
A first arrest should not be treated as minor simply because you have no criminal history. Even a misdemeanor DWI can create lasting consequences.
A first DWI becomes a Class A misdemeanor if testing shows an alcohol concentration of .15 or higher at the time the specimen was analyzed.
A Class A misdemeanor can carry:
The prosecution still has to establish the evidence supporting that enhancement. Breath and blood results are not automatically beyond challenge.
A defense attorney may examine how the sample was obtained, stored, tested, and documented.
A second qualifying DWI is generally a Class A misdemeanor. Texas law imposes a minimum of 30 days in jail, with the possible sentence extending to one year. The criminal fine can reach $4,000.
A prior DWI can therefore change the punishment substantially.
Prosecutors must also be able to establish that a prior conviction legally qualifies for enhancement. Your attorney should review the prior case rather than simply assume the state's enhancement allegation is correct.
Yes. A third DWI is generally a third-degree felony when the state proves two qualifying prior intoxication-related convictions.
A third-degree felony can carry:
Texas can also treat certain DWI offenses as felonies based on the circumstances even when it is not the driver's third offense.
Driving while intoxicated with a passenger younger than 15 is a separate offense under Texas Penal Code § 49.045.
The charge is a state jail felony, which can carry:
A person can therefore face felony exposure even without two previous DWI convictions.
Under a Texas law effective September 1, 2025, DWI can also become a state jail felony when the prosecution proves that the driver was operating the vehicle in a school crossing zone while the reduced speed limit applied.
This is an important exception to the general rule that a first standard DWI is a misdemeanor.
An accident can dramatically increase DWI penalties.
If intoxication causes another person serious bodily injury, prosecutors may bring an intoxication assault charge. The standard offense is generally a third-degree felony, carrying 2 to 10 years in prison and a fine of up to $10,000.
Higher felony classifications can apply in certain cases, including injuries to specified public servants performing official duties.
If intoxication causes another person's death, the defendant may face intoxication manslaughter, generally a second-degree felony.
A second-degree felony can carry:
More severe enhancements may apply depending on the victim and circumstances.
Possibly. Driver's license consequences are one of the most confusing parts of a DWI case because criminal proceedings and administrative license proceedings can be separate.
Texas uses an Administrative License Revocation (ALR) process after certain DWI arrests.
For drivers 21 or older, DPS states that a first ALR suspension is generally:
A subsequent qualifying ALR event can result in longer periods, including a one-year suspension for a test failure or two years for a refusal.
If you receive an ALR suspension notice, you generally have 15 days from service of the notice to request a hearing. If no timely hearing is requested, DPS states that the suspension generally takes effect on the 40th day after notice is served.
This deadline can pass while your criminal DWI case is still pending.
Yes. Texas law separately provides for license suspensions connected to certain DWI convictions.
Depending on the offense and prior history, statutory suspension ranges may include:
The rules become more complicated when prior offenses, education programs, ALR suspensions, or other factors are involved. Do not assume that avoiding an ALR suspension automatically means your license cannot later be affected by the criminal case.
Possibly, depending on the charge and circumstances.
Some defendants may receive community supervision rather than serving the full potential jail or prison sentence. However, Texas law can require periods of confinement as a condition of community supervision in repeat intoxication cases.
For example, state law generally requires at least:
Additional requirements may include alcohol education, substance-use conditions, ignition interlock restrictions, reporting, or other court-ordered conditions. Whether probation or another disposition is realistic depends on your charge, history, evidence, and the negotiations or litigation in your case.
Several facts can substantially change what you are facing, including:
That is why two people arrested for “DWI” may face very different sentencing ranges.
No. An arrest is not a conviction.
The state still has to prove the elements of DWI and any allegation used to enhance the charge. Depending on the facts, a lawyer may challenge:
Problems in any of these areas can affect how the case proceeds.
Criminal charges can change your life—Get the defense you deserve.
The possible DWI penalties in Houston range from several days in county jail for a misdemeanor to years in prison for a felony. License suspension and significant financial consequences may also arise separately from the criminal sentence.
But knowing the maximum penalty does not tell you whether prosecutors can prove the charge or whether an enhancement actually applies.
LaVine Law Firm defends people accused of DWI throughout Houston. We can review the arrest, chemical testing, prior convictions, and enhancement allegations and explain what you are actually facing.
Call LaVine Law Firm at 713-965-7305 to discuss your case.
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