San Antonio DWI Penalties: First, Second and Third Offense

The flashing lights in your rearview mirror. The officer’s request to step out of the car. The moment you are handcuffed and placed in the back of a patrol car. A DWI arrest is a terrifying experience, but for many, the true fear sets in the next morning when the reality of the legal consequences begins to dawn.

If you or a loved one is facing a Driving While Intoxicated (DWI) charge in San Antonio or anywhere in Bexar County, you are likely overwhelmed by questions: Will I go to jail? How much will this cost? Will I lose my license? Can I ever get this off my record? The answers are complex and depend heavily on one critical factor: whether this is your first offense or a subsequent arrest.

At Barton & Associates, Attorneys at Law, with offices in San Antonio, Austin, and Corpus Christi, we believe that knowledge is power. Led by Gary J. Barton, our experienced criminal defense team has seen the devastating impact a DWI can have on a person’s life, career, and family. We are here to guide you through the complexities of Texas law and fight relentlessly for your rights.

This guide provides a clear, detailed breakdown of the penalties for first, second, and third-offense DWIs in Texas. Understanding the stakes is the first step. The second, and most crucial step, is securing an aggressive legal advocate to protect your future.

The Foundation: What is a DWI in Texas?

Under Texas Penal Code § 49.04, a person commits the offense of Driving While Intoxicated if they operate a motor vehicle in a public place while intoxicated. “Intoxicated” is defined legally in two ways:

• Per Se Intoxication: Having a blood alcohol concentration (BAC) of 0.08% or more.
• Loss of Faculties: Not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, or a dangerous drug. This means you can be convicted of DWI even if your BAC is below 0.08%, based on an officer’s observations of your driving and performance on field sobriety tests.

It is also critical to understand that a DWI is not a simple traffic ticket. It is a criminal charge that will remain on your record unless you take specific legal action to clear it. The penalties escalate swiftly and severely with each subsequent offense.

First Offense DWI: A Class B Misdemeanor with Serious Consequences

A first-offense DWI in Texas is typically charged as a Class B Misdemeanor. While it is the “lowest” level of DWI, the consequences are life-altering and far more extensive than most people realize.

The Core Penalties

• Jail Time: A jail sentence of 3 days to 180 days. While many first-time offenders hope to avoid jail, a minimum of 72 hours behind bars is mandatory unless you are placed on community supervision (probation).
• Fine: A fine of up to $2,000.
• License Suspension: An automatic driver’s license suspension of 90 days to 1 year through the Texas Department of Public Safety (DPS). This suspension is an administrative action, separate from your criminal case.

The Hidden Costs and Consequences

The penalties above are just the beginning. A first DWI triggers a cascade of other serious consequences:

• Annual Surcharge: To retain your driving privileges after a DWI, you may be required to pay an annual surcharge to the DPS of $1,000 for three years under the Texas Driver Responsibility Program.
• Ignition Interlock Device: A judge may require you to install an ignition interlock device on your vehicle as a condition of bond or probation. This device requires you to blow into a breathalyzer to start the car.
• Court Costs and Fees: You will be responsible for hundreds or thousands of dollars in court costs, probation fees, and classes.
• Mandatory Education: Completion of a Texas DWI Education Program (a 12-hour course) is required.
• Collateral Consequences: A DWI conviction can affect your employment (especially if you drive for work), professional licenses, auto insurance rates (which will skyrocket), and even college financial aid.

The Possibility of Probation

For a first offense, many defendants are eligible for community supervision, or probation. This is not an automatic right but a privilege you must earn, often with the help of skilled legal representation. Probation allows you to avoid serving the full jail sentence if you successfully complete a period of supervision (usually 12-24 months) and comply with all court-ordered conditions. These conditions are strict and include:

• Reporting to a probation officer
• Completing the DWI education program
• Performing community service
• Paying all fines and fees
• Abstaining from alcohol and drugs, often including random testing
• Not committing any new offenses

Second Offense DWI: A Class A Misdemeanor with Escalating Stakes

A second DWI offense is a significant leap in severity and is charged as a Class A Misdemeanor. The law treats repeat offenders much more harshly, reflecting a zero-tolerance policy for drinking and driving.

The Core Penalties

• Jail Time: A jail sentence of 30 days to 1 year. There is a mandatory minimum of 3 days, but judges have much wider discretion to impose a longer sentence.
• Fine: A fine of up to $4,000.
• License Suspension: An automatic driver’s license suspension of 180 days to 2 years.

The Intensified Consequences

The “hidden” consequences from a first offense become even more severe and expensive for a second.

• Ignition Interlock Device: For a second-offense DWI, installation of an ignition interlock device is mandatory for at least half of the probation period. You will be paying for the monitoring and calibration of this device.
• Annual Surcharge: The annual surcharge under the Driver Responsibility Program increases to $1,500 for three years.
• Mandatory Treatment: You will be required to complete a more intensive DWI Intervention Program (a 32-hour course) aimed at addressing underlying alcohol issues.
• Vehicle Impoundment: In some cases, a judge may order your vehicle to be impounded or have special license plates installed.

Probation is still a possibility for a second offense, but it is harder to obtain and the conditions are far more stringent. The mandatory minimum jail time (30 days) is often a sticking point, and your attorney’s ability to negotiate for probation or a reduced sentence is critical.

Third Offense DWI: A Third-Degree Felony with Life-Altering Impact

A third DWI offense crosses the line from a misdemeanor to a felony. Being charged with a third-degree felony in Texas is an entirely different legal battle with consequences that can impact the rest of your life.

The Core Penalties

• Prison Time: A prison sentence of 2 to 10 years in the Texas Department of Criminal Justice (TDCJ) institutional division. This is prison, not county jail.
• Fine: A fine of up to $10,000.
• License Suspension: An automatic driver’s license suspension of 180 days to 2 years. However, regaining a license after a felony DWI is an incredibly difficult process.

The Felony Consequences

The ramifications of a felony conviction extend far beyond the courtroom.

• Felony Record: You become a convicted felon, which results in the permanent loss of your right to vote, serve on a jury, and possess a firearm.
• Employment: A felony conviction creates a nearly insurmountable barrier to employment in many fields.
• Housing: It becomes significantly harder to rent an apartment or buy a home.
• Enhanced Penalties for Future Offenses: A third offense creates a “habitual” status, meaning any future DWI could be punished as a second-degree felony with even longer prison time (2-20 years).
• Ignition Interlock & Surcharge: The ignition interlock requirement remains, and the annual surcharge soars to $2,000 for three years.

While probation (called “community supervision” even for felonies) is technically possible for a third-degree felony DWI, it is not common. To receive probation, you must convince the court that you are a suitable candidate and that prison is not necessary for the protection of the public. This requires a powerful, well-presented defense and mitigation strategy, which only an experienced felony DWI attorney can provide.

The Crucial Administrative Side: The ALR Hearing

In the midst of the stress of a criminal charge, many people overlook a separate but equally critical proceeding: the Administrative License Revocation (ALR) hearing. This is a civil matter with the Texas DPS, and you have only 15 days from the date of your arrest to request a hearing. If you fail to do so, your license will be automatically suspended.

The ALR hearing is separate from your criminal case. It focuses solely on whether the officer had reasonable suspicion to stop you and probable cause to arrest you for DWI. A successful challenge at the ALR hearing can prevent the automatic suspension of your license, allowing you to keep driving while your criminal case is pending. This is a complex legal process that requires immediate action and skilled representation.

Why You Need Barton & Associates for Your DWI Defense

Facing a DWI charge in San Antonio, whether it’s your first, second, or third offense, is not something to handle alone. The system is complex, the stakes are high, and the consequences are life-altering. At Barton & Associates, Attorneys at Law, we provide the aggressive, strategic representation you need.

Gary J. Barton and his team bring decades of combined experience defending clients against DWI charges in Bexar County and throughout Texas. We understand the science, the procedure, and the local courts. We will:

• Thoroughly Investigate Your Case: We will scrutinize every detail of the traffic stop, the field sobriety tests, and the arrest for any constitutional violation or procedural error.
• Fight to Suppress Evidence: If the stop was illegal or the tests were improperly administered, we will file motions to have that damaging evidence thrown out.
• Represent You in the ALR Hearing: We will fight to protect your driver’s license and your ability to get to work and care for your family.
• Negotiate for the Best Possible Outcome: Whether that means getting charges reduced, dismissed, or securing a probation sentence that allows you to avoid jail or prison.
• Prepare for Trial: If the prosecution’s offer is not in your best interest, we are fully prepared to take your case to trial and fight for your rights before a jury.

Take the First Step Toward Protecting Your Future

A DWI charge is serious, but it does not have to define your future. With the right legal team, you can navigate this challenge and work toward the best possible resolution.

You are not alone in this fight. Contact Barton & Associates, Attorneys at Law today for a free, confidential consultation. Let us review the details of your case and explain your rights and options. From our offices in San Antonio, Austin, and Corpus Christi, we stand ready to defend clients across Texas. Call us at 210-500-0000 or fill out our online form to schedule your appointment. Your future is too important to leave to chance.