What Misdemeanor Class Is DWI in Texas? Class B
Is your Texas DWI charge a misdemeanor or a felony? Texas law classifies a first DWI as a Class B misdemeanor and a second as Class A, with set fines and jail terms. Our article explains these classes and gives you defense steps to protect your record and avoid harsh outcomes.
First DWI: Class B Misdemeanor
A first DWI in Texas is usually charged as a Class B misdemeanor. This means it is a criminal offense that is more serious than a ticket but less serious than a felony. If you are arrested for driving with a blood alcohol level of 0.08 or higher, you will likely face this charge.
The law says a Class B misdemeanor can bring up to 180 days in county jail and a fine of up to $2,000. You may also lose your driver license for a few months. A first offense does not require prison, but the penalties can still hurt your daily life.
A first DWI conviction in Texas can stay on your record for life and affect jobs.
| Penalty | Class B Misdemeanor |
|---|---|
| Jail Time | Up to 180 days |
| Fine | Up to $2,000 |
| License Suspension | 90 days to 1 year |
Steps to Handle a First DWI Charge
If you are charged with a first DWI, take action quickly. Early help can lower the stress and maybe reduce the charge. You should write down what happened and talk to a lawyer who knows Texas law.
- Save all papers from the police stop.
- Write your side of the story while fresh.
- Contact a local DWI attorney within a week.
Data shows that people who get a lawyer often avoid the maximum jail time. For example, a 2022 Texas report found that many first DWI cases ended with probation instead of jail. This keeps families together and lets you keep working.
Second Intoxication: Class A Offense
In Texas, a second DWI stop is known as a second intoxication offense. The state law puts this charge in the Class A misdemeanor group. This is one step worse than a first DWI, which is a Class B misdemeanor. If you drive drunk again within ten years of your first case, the court treats it as Class A.
A Class A misdemeanor carries big penalties. You can face up to 12 months in jail and a fine of $4,000. The state may take your license for up to two years. This can make daily life hard, like getting to work or taking kids to school.
Penalties at a Glance
The table below shows what a second intoxication conviction can bring. Read it to see how it stacks up against a first offense.
| Offense | Jail Time | Max Fine | License Loss |
|---|---|---|---|
| First DWI (Class B) | Up to 180 days | $2,000 | Up to 1 year |
| Second DWI (Class A) | Up to 1 year | $4,000 | Up to 2 years |
For example, Maria had a DWI in 2019. She got another in 2024. The judge called it a second intoxication Class A offense. She had to pay a large fine and spent 30 days in jail. Her license was suspended for 18 months.
A second DWI in Texas is a Class A misdemeanor that can change your life fast.
If you or a friend faces this charge, here are steps to take:
- Talk to a local lawyer soon.
- Ask about an ignition interlock device.
- Sign up for a required class.
These steps can help you keep driving and stay out of more trouble.
High BAC Charge: Class A Violation in Texas
When a driver in Texas gets a DWI with a BAC of 0.15 or higher, the law calls it a high BAC charge. This type of DWI is a Class A misdemeanor, which is the most serious kind of misdemeanor in the state. A Class A misdemeanor brings stronger penalties than a regular DWI.
If you are caught with a high BAC, you may face up to one year in county jail and a fine of as much as $4,000. The court may also require you to install an ignition interlock device in your car. These rules show why a high BAC charge is treated more strictly than a first-time DWI with a lower BAC.
What Makes a BAC Level “High”?
The legal limit for alcohol in Texas is 0.08 percent for most drivers. But when your test shows 0.15 percent or more, the charge goes up to Class A. This small number makes a big difference in your case.
For example, a driver with a 0.16 BAC will likely be charged with the higher class, even if it is a first offense. The list below shows the main penalties:
- Class B (0.08-0.14): Up to 72 hours jail, $2,000 fine.
- Class A (0.15+): Up to 1 year jail, $4,000 fine, interlock device.
Common Questions About Class A DWI
Will a High BAC Show on My Record?
Yes, a Class A misdemeanor stays on your criminal record unless you get it expunged or sealed. This can affect jobs and housing. Plan ahead to protect your future.
Steps to Handle a High BAC Charge
If you face this charge, you should talk to a lawyer who knows Texas DWI law. You may be able to challenge the breath test or show the stop was unfair. Taking action early can help lower the penalties.
A high BAC charge in Texas means the court sees you as a bigger risk, so fight it with real evidence.
Keep all paperwork from your arrest and write down what happened. This simple step can help your defense team find mistakes in the process.
Intoxication Crime Penalties in Texas
In Texas, getting caught driving while intoxicated (DWI) can lead to serious penalties. Most first and second DWI cases are misdemeanors, which are less severe than felonies but still bring heavy consequences.
The court can order fines, jail time, and license suspension. For a first offense, you may pay up to $2,000 and spend up to 180 days in jail. The state will also suspend your driver license for 90 days. A second offense raises the fine to $4,000 and jail up to one year.
Texas DWI Misdemeanor Classification
Texas law sorts DWI misdemeanors into classes based on the offense number and blood alcohol level. A first DWI with a BAC under 0.15 is a Class B misdemeanor. If BAC is 0.15 or higher, it becomes a Class A misdemeanor.
| Offense | Class | Max Fine | Jail Time |
|---|---|---|---|
| 1st DWI (BAC 0.15) | B | $2,000 | 180 days |
| 1st DWI (BAC 0.15+) | A | $4,000 | 1 year |
| 2nd DWI | A | $4,000 | 1 year |
Knowing your charge class helps you prepare a defense and plan for penalties.
A DWI charge in Texas is a Class A misdemeanor when BAC hits 0.15 or more.
This small difference can double your fine and add months in jail. Always check the breath or blood test result with a lawyer.
Steps to Lower Your Penalty
You can take action to reduce the hit from a DWI misdemeanor. Join a state approved drinking class, use an ignition interlock device, and show the court you finished probation.
- Request a license hearing within 15 days
- Hire a local DWI lawyer
- Complete a DWI education program
From Infraction to Felony Offense
While a basic traffic infraction in Texas may only yield a citation, a driving while intoxicated charge follows a stricter escalation path. A first offense is generally classified as a Class B misdemeanor, but elevated blood alcohol concentration or prior records can upgrade it to a Class A misdemeanor.
When a DWI involves serious bodily injury, death, or a history of multiple convictions, the state can pursue felony charges such as intoxication assault or a third-degree felony for repeat offenders. This progression demonstrates how a seemingly minor impaired driving stop can transform into a felony offense with lasting consequences.