Second Offense DWI in Texas
A second DWI is charged more seriously than a first. Under the Penal Code it is a Class A misdemeanor with a minimum term of confinement of 30 days, and the license consequences are heavier. Texas Defense Team represents people charged with a second DWI, and a free consultation is available.
What Is the Penalty for a Second DWI in Texas?
What is the statutory range for a second DWI?
Under Penal Code §49.09(a), a DWI is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated (or of operating an aircraft, watercraft or amusement ride while intoxicated). A Class A misdemeanor carries up to one year in jail and a fine of up to $4,000 (§12.21). So the statutory range for a second DWI is 30 days to one year in jail and a fine of up to $4,000.
What facts can raise the charge?
Other facts can raise the charge. A DWI with a passenger younger than 15 is a state jail felony (§49.045), and a DWI committed after two prior intoxication-related convictions is a third-degree felony (§49.09(b)), punishable by two to 10 years and a fine of up to $10,000 (§12.34).
Sources: Texas Penal Code §§12.21, 12.34, 49.04, 49.045, 49.09 (official statute text). Verified October 16, 2026.
- Tex. Penal Code §49.09(a) — Second DWI: Class A misdemeanor, 30-day minimum confinement
- Tex. Penal Code §12.21 — Class A misdemeanor: up to one year in jail, fine up to $4,000
- Tex. Penal Code §49.09(b) — Two prior convictions: third-degree felony
What Counts as a Prior DWI Conviction?
What does the statute count as a prior offense?
Section 49.09(c) defines an "offense relating to the operating of a motor vehicle while intoxicated." It includes a DWI under §49.04, DWI with a child passenger under §49.045, intoxication assault or manslaughter involving a motor vehicle, certain older Texas statutes, and an offense under the laws of another state that prohibit operating a motor vehicle while intoxicated.
Does a probated or deferred prior count?
Two more rules matter. A conviction on or after September 1, 1994 is a final conviction whether the sentence was imposed or probated (§49.09(d)). And for this section, a person is considered convicted of a DWI if they were placed on deferred adjudication community supervision for it (§49.09(g)). Because the prior must be "shown on the trial of the offense," the State has to prove it, and an attorney can get the record of the earlier case and check whether it qualifies.
Source: Texas Penal Code §49.09(a), (c), (d), (g). Verified October 16, 2026.
What Happens to My License After a Second DWI Arrest?
What happens to my license after the arrest (ALR)?
Two license tracks run alongside the criminal case. First, the administrative (ALR) process. A hearing is held if DPS receives your request not later than the 15th day after you receive notice of suspension (Transp. Code §524.031). If your driving record shows one or more alcohol-related or drug-related enforcement contacts in the 10 years before the arrest, the adult suspension period is one year rather than 90 days (§524.022(a)). The refusal period is two years instead of 180 days with such a contact (§724.035).
What happens to my license after a conviction?
Second, a conviction. If a person is punished under §49.09(a), the court sets a license suspension of not less than 180 days and not more than two years (Transp. Code §521.344(a)(2)(B)). If the second offense was committed within five years of the most recent preceding offense, the court must also order an ignition interlock device on each motor vehicle the defendant owns or operates, at the defendant's own cost (Penal Code §49.09(h)). A person whose license is suspended may ask a court for an occupational license; the order sets the hours, reasons and routes of travel (§521.248(a)).
Sources: Transportation Code §§521.248, 521.344, 524.022, 524.031, 724.035; Penal Code §49.09(h). Verified October 16, 2026.
- Tex. Transp. Code §524.022(a) — ALR suspension: 90 days, or one year with a prior enforcement contact in 10 years
- Tex. Transp. Code §521.344(a)(2)(B) — Conviction suspension under §49.09(a): 180 days to two years
- Tex. Penal Code §49.09(h) — Ignition interlock where the second offense is within five years of the prior
Can a Second DWI Be Defended?
What can an attorney review in a second-DWI case?
Every DWI case turns on its own evidence, and no lawyer can promise a result. The State must prove each element of the new offense, including that the person was intoxicated while operating a motor vehicle in a public place (§49.04(a)), and must prove the earlier conviction that makes it a second offense. An attorney can review why the vehicle was stopped, how any roadside tests were given, how a specimen was collected and analyzed, and the records of the earlier case.
Where can I read more?
For the other offense levels and the basics, see our first-offense DWI guide, the cost of a DWI in Texas, the Williamson County second-offense FAQ, and the Texas DWI hub.
This page is general information, not legal advice. Every case is different, and no outcome can be guaranteed.
What to do now
- Write down the date you received the notice of suspension.
- Count 15 days from that date: the Texas Department of Public Safety must receive your ALR hearing request by then.
- Gather what you can about the earlier case: an attorney can get its record and check whether it qualifies as a prior.
- Call (512) 599-9000 for a free consultation.
Frequently Asked Questions
Is a second DWI a felony in Texas?+
Generally no. Under Penal Code §49.09(a) a second DWI is a Class A misdemeanor with a minimum term of confinement of 30 days. A felony applies in other situations, such as a passenger younger than 15 (§49.045), or two earlier intoxication-related convictions (§49.09(b)).
How much jail time is mandatory for a second DWI in Texas?+
The statute sets a minimum term of confinement of 30 days (§49.09(a)). A Class A misdemeanor carries up to one year in jail and a fine of up to $4,000 (§12.21). How any confinement is served depends on the facts and how the case is resolved.
Does deferred adjudication count as a prior DWI?+
For purposes of §49.09, a person is considered convicted of an offense under §49.04 if the person was placed on deferred adjudication community supervision for it (§49.09(g)).
Will my license be suspended for a second DWI?+
Possibly, on two tracks. The ALR suspension is one year (instead of 90 days) if your record shows a prior alcohol-related or drug-related enforcement contact in the 10 years before the arrest (§524.022(a)), and a request for a hearing must reach DPS within 15 days of notice (§524.031). A conviction under §49.09(a) carries a court-set suspension of 180 days to two years (§521.344(a)(2)(B)).
Is an ignition interlock device required after a second DWI?+
Under §49.09(h), when a second or later offense was committed within five years of the most recent preceding offense, the court must order a deep-lung breath analysis ignition interlock device on each vehicle the defendant owns or operates, obtained at the defendant's cost.