How Much Does a DWI Arrest Cost in Texas?

If you or a family member were arrested in Texas for driving while intoxicated (DWI), you may be wondering how much this arrest will cost you.

First, you should know that any drunk driving offense is considered a crime in Texas. As a crime, the costs of such a charge can be steep. But some crimes are worse than others.

For instance, a first-time drunk driving offense by an adult with a blood alcohol concentration (BAC) of 0.08 percent (the legal limit for drunk driving) is generally considered a Class B misdemeanor. But if the BAC is .15 percent or higher, a first-time offense for DWI is considered a Class A misdemeanor, which has stiffer penalties and higher costs.

Indeed, the cost of a DWI arrest in Texas depends in large part on the circumstances of the intoxicated driving charge.

How much was the driver over the legal BAC limit? Was this a first-time offense or a repeated offense? Was the driver 21 years old or under the age of 21? Did the driver have a child under 15 years of age in the vehicle? Was the driver a commercial driver operating a commercial vehicle? (If so, that brings the BAC legal limit down to 0.04 percent.)

Factors such as these can make the consequences of a DWI charge even worse.

Types of direct and indirect costs of a DWI conviction

For most drunk driving offenses in Texas, common direct and indirect costs include:

• Fines, surcharges, court costs and lawyer fees
• Jail time or prison sentences, perhaps even for a first offense
• Bail bonds
• Suspension of your driver’s license
• Community service
• Intervention and educational programs for drunk driving
• More costly auto insurance
• Vehicle towing fees

Such penalties are outlined in detail under the Texas Penal Code for intoxication and alcoholic beverage offenses.

Texas DWI costs & penalties for minors

Specific DWI costs and penalties apply to minors in Texas, and also to persons 18 to 20 years old who technically aren’t minors.

Legally speaking, a minor in Texas is anyone under the age of 18. But the legal age for drinking alcohol in Texas is 21. So DWI laws for underage drinking and driving also apply to those who may not be legal minors but are under the age of 21.

For a first DWI offense, a person under 21 can face:

• A fine of up to $2,000
• Suspension of their driver’s license for up to 2 years.
• A yearly fee of $1,000 or $2,000 over a 3-year period to retain their driver’s license.
• 90 days of driver’s license suspension if a judge grants community service as a punishment.
• A required alcohol education program lasting at least 12 hours.
• An extra 180 days of driver’s license suspension for failing to complete an alcohol education program.

For a second DWI offense, a person under 21 can face:

• A fine of up to $4,000.
• A yearly fee of $1,000, $1,500 or $2,000 for a 3-year period to retain a driver’s license.

Texas DWI fines and expenses for adult offenders

When it comes to adults, DWI costs and penalties are more severe and can include jail time.

For a first DWI offense, a person 21 years old or older can face such DWI penalties as:

• Jail time of 3 days to as much as 180 days (6 months).
• A fine of up to $2,000.
• Driver’s license suspension for up to 2 years.
• An annual surcharge of up to $2,000 for a 3-year period to retain their driver’s license.
• Installing an ignition interlock device in the person’s vehicle, preventing it from starting without passing a BAC breath test. (This costs an initial fee for installation and a monthly fee of up to $85.)
• DWI intervention or educational programs.

For a second DWI offense, a person 21 years old or older can face such DWI penalties as:

• Jail time of 1 month to as much as 1 year.
• A fine of up to $4,000.
• Driver’s license suspension for up to 2 years.
• An annual surcharge of up to $2,000 for a 3-year period to retain their driver’s license.
• Installing an ignition interlock device in the person’s vehicle, preventing it from starting without passing a BAC breath test.
• DWI intervention or educational programs.

For a third DWI offense, a person 21 years old or older can face such DWI penalties as:

• State prison time of 2 years to as many as 10 years
• A fine of up to $10,000
• Driver’s license suspension for up to 2 years.
• An annual surcharge of up to $2,000 for a 3-year period to retain their driver’s license.
• Installing an ignition interlock device in the person’s vehicle, preventing it from starting without passing a BAC breath test.
• DWI intervention or educational programs.

DWI costs & penalties for drunk driving with a child in Texas

An adult who is arrested for DWI while having a child under age 15 in the vehicle can face such DWI costs and penalties as:

• Jail time of up to 2 years.
• A fine of up to $10,000.
• Driver’s license suspension for up to 180 days.

Total DWI costs are high

As you can see, the various penalties and costs for DWI, when added up, mean that total DWI costs can be extremely high, even for a first-time conviction.

In fact, the Texas Department of Transportation estimated in 2019 that for a first-time DWI offense, total costs could range from $5,000 to $24,000.

With that in mind, it’s vital that you engage an experienced DWI defense lawyer if you face a DWI charge in Houston, Harris County, Fort Bend County or Montgomery County.

Many DWI charges can be challenged due to faulty breathalyzer tests, either via poor administering of such roadside tests or flaws in the breathalyzer equipment. Other DWI defenses also may help you avoid a DWI conviction and the high DWI costs involved.

Also, a new Texas DWI law allows what’s known as “deferred adjudication” in some cases. For a first-time DWI offender charged after Sept. 1, 2019 with a BAC of under .15 percent, deferred adjudication means he or she can avoid a trial by pleading guilty or no contest and receiving instead a probationary period, perhaps including community service. Upon its completion, the case is dismissed.

Our experienced Texas DWI defense lawyers can explore all such avenues for your legal defense against a drunk driving charge. Contact the Neal Davis Law Firm today for a legal review of your DWI case. We can fight to protect your legal rights.