The Lone Star state doesn’t give many chances to anyone who gets a DUI. If you’re convicted of driving while intoxicated (DWI) in Texas one time, you’d better not do it again because you’ll face some steep penalties.

If you’ve already caught your second DUI or DWI charge, you could potentially pay up to $4,000 in fines and spend up to a year in jail. You could also lose your driver’s license for two years.

They weren’t joking when they said, “Don’t mess with Texas,” and you can tell just by looking at

Texas DUI laws

. For example, only about half the states in the U.S. require ignition interlocks for everyone convicted of a DUI—even first-time offenders—and Texas is one of them. And getting your charges dropped, reduced, or expunged isn’t an easy process.

If you’re in the unfortunate position of receiving a second DWI charge in Texas, you need to take a serious and close look at what to expect. That’s why

Jerry

, the

car insurance

comparison shopping app, has this guide to understanding what happens with a second Texas DUI charge.

And before we wrap up, we'll even fill you in on how to lower your

Texas car insurance costs

no matter your driving record.

MORE: How do driver violation points affect your insurance rates?

What is a 2nd offense DUI in Texas?

In Texas, the legal term for drunk or inebriated driving is “driving while intoxicated.” It’s often abbreviated as

DUI or DWI

, which is what it is known as in Texas. You can be charged with a DWI in Texas if:

You operate a motor vehicle with a blood-alcohol content (BAC) of 0.08% or higher

Drugs or alcohol affect your driving performance in any way—this also applies to aircraft and watercraft operation

If you’re caught driving while intoxicated in Texas, you’ll face up to $2,000 in fines on your first charge, plus up to 180 days in jail and a required minimum of three days in jail, and the revocation of your driver’s license for up to one year. Further, the conviction will stay on your record forever.

You can have your first DWI conviction expunged or sealed, but it’s a pretty complicated process. If you’re successful, then your DWI conviction will not be open to public record without a court order. You’ll be required to complete community service or jail time to be eligible, among other things. Without an attorney, you’re unlikely to see the records successfully sealed.

Whether the first DWI conviction is sealed or not, it will still count on your record if you’re ever charged a second time. That means no matter how long it happens after your first DWI conviction, you can be charged with a second DWI that involves much stiffer penalties and higher fines.

Key Takeaway Your first DWI conviction in Texas could be sealed, but it will never be removed from your record.

Are you overpaying for your car insurance?

Compare quotes and find out in 45 seconds

Compare Rates Now

No spam or unwanted phone calls · No long forms

No spam or unwanted phone calls · No long forms · No fees

4.717k Ratings

5M+Drivers Joined

7M+Cars Garaged

What is the punishment for a 2nd DUI in Texas?

If you’re charged with driving while intoxicated for the second time in Texas, it doesn’t matter how long ago your first conviction was or whether or not you got the records expunged. The first conviction will still count against you, which means serious consequences.

The potential penalties for a second Texas DWI include:

Up to $4,000 in fines

Another $3,000, $4,500, or $6,000 fee assessed by the state at sentencing

One month to one year in jail

The loss of your driver’s license for up to two years

MORE: Texas reckless driving

It doesn’t end there. You might also face aggravating factors, which means your DWI charge will be enhanced to a higher-class misdemeanor charge or even a felony. Aggravating factors in Texas include:

Having a child in the car: If you’re charged with a DWI while a child younger than 15 is in the vehicle with you, you’ll be charged with a state jail felony. This carries a minimum 180-day jail sentence and as much as $10,000 in fines.

Significantly over the legal limit: In Texas, a BAC of 0.08% is considered intoxicated. If you’re caught driving with a BAC that’s higher than 0.15%, you’ll be charged with an aggravated DWI, moving from a class B to a class misdemeanor.

Open container: Having an open container of alcohol in the car will also constitute an aggravated DWI.

Repeat offenses: Your second DWI charge will likely be charged as an aggravated DWI. If you’re facing a third charge, it will probably be a felony punishable by as many as 10 years in prison.

Intoxication assault: If someone is injured as a result of your intoxication, your DWI charge will be moved to the felony level, which could mean up to 10 years in prison and as much as $10,000 in fines.

Intoxication manslaughter: When someone dies due to a driver’s intoxication, the driver will be charged with felony manslaughter and will face up to 20 years in prison.

Key Takeaway Repeat DWI offenders in Texas face thousands of dollars in fines and as many as 10 years in prison.

How much does a 2nd DUI in Texas cost in the long run?

If you’re convicted of a second DWI in Texas, you could be facing thousands or even tens of thousands of dollars in losses. This includes court costs, attorney fees, state fines, and more. Here’s a breakdown of the financial consequences of getting a DWI.

Fees, penalty assessments, and DUI school

First, you could face an initial fine as high as $4,000 for your second DWI conviction in Texas. Tack onto that the state-assessed fine that may be as high as $6,000, and we’re already in the five-digit territory.

If you get jail time to go with your fine, you’re facing the potential loss of income or even the loss of your job.

You will also likely be required to complete a DWI education program, at your own expense. This is around $70 for first-time offenders, but a more intensive course is often assigned to repeat offenders, and it costs about $200.

Most people convicted of a DWI in Texas end up getting their driver’s

license suspended

, even on the first offense. If yours is suspended, and it’s for a second offense, once you get your

suspended license reinstated

, you’ll have to pay an annual $1,500 surcharge to the state for the following three years, making a grand total of $4,500.

MORE:

Driving without a license: What are the penalties?

Alternative transportation

Of course with a suspended license, you’ll have to find some way to get around. Unless you can rely on the enduring generosity of friends and family, you’ll likely end up paying for public transportation, ridesharing services, and taxi service to get to work or run your errands. The cost for this varies depending on where you live and how far away your job is.

Increased car insurance costs

When your license does get reinstated, you’ll have to buy car insurance and it’s about to be a lot more expensive. It will probably be around the average of 80% higher for drivers with any DWI conviction, although it could be more than that.

Let’s say you just get liability car coverage, without additional

comprehensive insurance

collision insurance

. The average annual cost of liability coverage in Texas is $2,299. But for someone with a DWI conviction, it will be more to the tune of $4,140!

We haven’t even accounted for attorney’s fees yet, and we’re already tracking over $18,500 in expenses for a second Texas DWI.

MORE: The traffic tickets that have the greatest effect on your car insurance rates

Compare insurance quotes from 50+ carriers with Jerry in under 45 seconds (Title in payload)

Find Savings!

4.7/5 rating on the App Store | Trusted by 5+ million customers and 7 million cars

4.7/5 app rating | Trusted by 5M+ drivers

How to avoid jail time for a 2nd DUI in Texas

Right now you might be wondering how to avoid jail time for your second Texas DWI conviction. The thing is, you can’t. If convicted, you’ll spend a minimum of 72 hours in jail, and it’s mandatory.

However, you might be able to plea down to a lesser charge like reckless driving, foregoing the DWI charge altogether if you just plead guilty to something else. If that’s an avenue you’d like to pursue, it’s a good idea to hire a defense attorney to help you navigate the process. It isn’t guaranteed, but it’s a possibility that might work.

MORE: 5 driving violations that could land you in jail

How to find affordable car insurance in Texas after a 2nd DUI

To get your suspended driver’s license reinstated in Texas after a DWI conviction, you’ll have to submit an

SR-22 insurance

form to the state. This form is obtained from your insurance company that provides proof that you have obtained the state-required minimum

car insurance

coverage.

And getting that coverage is going to be expensive. That’s because any driver with a DWI conviction is considered high-risk, which translates to much higher insurance premiums.

To find the best price available to you, you should get help from a reliable and trustworthy super app, like

Jerry

. More than an app, Jerry is a

licensed insurance broker

that specializes in saving people money. Just download the app, answer some basic questions about yourself and your car, and skip over the hassle of dealing with salespeople and paperwork.

Let Jerry handle the legwork and hassle for you, while you benefit from the best deal available!

“I saw an ad for
Jerry
on Instagram and decided to give it a try. I have a terrible driving record, but Nathan still helped me. Before, almost no one wanted to insure me. Now, I have a great policy and save $200/month. I’m one happy gal!” —Terri C.

RECOMMENDED

Compare auto insurance policies

No spam or unwanted phone calls · No long forms

ZIP Code

Find insurance savings

Is jail time mandatory with a second DWI conviction in Texas?

Yes. If you are convicted for the second time with a DWI, Texas state law requires that you be sentenced to a minimum of 72 hours in jail.

Is it a misdemeanor or a felony to get a DWI in Texas?

The first two DWI convictions in Texas are considered misdemeanors, but after that, you’re facing felony charges with much steeper penalties and higher fines. If convicted of a third DWI, you’ll be sentenced to no less than two years in prison.

Are you overpaying for car insurance?

Compare quotes and find out in 45 seconds.

Try Jerry