Texas takes drunk driving seriously, and the penalties escalate sharply with each conviction. The base statute is Texas Penal Code §49.04, but a handful of enhancements (high BAC, child passenger, prior convictions) can push a misdemeanor up to a felony. Here's the practical breakdown.
Up to 180 days in jail (3-day minimum), $2,000 fine, and 90–365 day license suspension. If your BAC is 0.15 or higher, it bumps to a Class A misdemeanor with up to a year and a $4,000 fine.
30 days to 1 year in jail, up to $4,000, and 180-day to 2-year suspension. Ignition interlock device required as a condition of bond and probation.
2 to 10 years in state prison and up to $10,000. Felony conviction means loss of voting rights while incarcerated, firearm restrictions, and lifelong record.
Driving while intoxicated with a passenger under 15 is a state jail felony — 180 days to 2 years and up to $10,000 — even on a first offense.
An ALR (administrative license revocation) hearing happens within 15 days of arrest. Miss it and your license is automatically suspended regardless of the criminal outcome. Always request the ALR hearing in writing.
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