1st vs 2nd vs 3rd DWI in Texas: What’s the Difference? 2026

By Robuck Morgan Law Firm, PLLC

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DWI

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Last Modified on Mar 12, 2026

Driving while intoxicated (DWI) is a serious offense in Texas. For the first offense, you may have a range of consequences, and the penalties become more severe with each subsequent offense. Therefore, if you live in or are visiting Texas, you may want to know the difference between a 1st vs 2nd vs 3rd DWI in Texas.

At Robuck Morgan Law Firm, PLLC, we have years of experience providing quality legal defense for our clients, helping them reach optimal outcomes. Whether you are looking to get your charges reduced or your case dismissed, a Denton DWI lawyer is committed to helping you achieve your goals. Getting a DWI can be overwhelming, but it doesn’t have to be the end of the road.

What Is DWI?

In Texas, driving while intoxicated means operating a motor vehicle while under the influence of drugs or alcohol, or both, per Texas Penal Code Chapter 49.09. The illegal blood alcohol concentration (BAC) in Texas, like many other states, is 0.08%. To determine if a person is intoxicated, an officer may conduct a chemical test, a blood test, a urine test, or a breathalyzer. In some cases, an officer may suspect a DWI based on the person’s driving performance.

DWI Cases in Texas

Texas is the second-largest US state and ranks among the highest in DWI cases. In 2025, for instance, there were 90,453 reported cases of DWIs, an increase from the previous year. Denton specifically set a record in 2021 with 937 DWI arrests. While local highways have a significant amount of DWI arrests, in Denton, Downtown Square and Fry Streets are considered hotspots for DWI arrests.

Texas DWI Laws

Texas DWI laws are strict, and a DWI is typically treated as a Class B misdemeanor. If the person’s detected BAC was 0.15%, they may be charged with a Class A misdemeanor, a more serious offense. If the driver was under the influence while in a school zone or with a child passenger, they may be charged with a state jail felony. A DWI charge can remain on your record permanently.

Difference Between 1st, 2nd, and 3rd DWI in Texas

There are many differences between a 1st vs 2nd vs 3rd DWI in Texas. It is important to know the differences, so you have a better understanding of the charges you may face and how a DWI attorney can help you with your case. The following is the penalty schedule for subsequent DWIs in Texas:

• 1st DWI. 72 hours of mandatory jail time and a total time of up to 180 days, up to $2,000 in fines, and lose your driver’s license for up to a year
• 2nd DWI. One month to a year in jail, $4,000 in fines, and loss of a license for up to two years.
• 3rd DWI. Two to ten years in prison, paying up to $10,000 in fines, and loss of license for up to two years.

If you get a DWI while driving with a child passenger under 15, the penalties are more severe. You may be charged with child endangerment, be subject to exorbitant fines, and have your license revoked for an additional period. It is important to talk to your lawyer about your DWI case, and if it is your 1st, 2nd, or 3rd offense, so they are better prepared to assist you.

When to Hire a DWI Lawyer

Whether it is your 1st, 2nd, or 3rd DWI arrest, you should consider consulting with a Denton DWI lawyer. Your lawyer can inform you of your rights, gather essential evidence for your case, negotiate your charges, and represent you in court if needed. It may be tempting to represent yourself if you are charged with a DWI, but it is wise to hire a DWI lawyer who understands Texas DWI laws and the legal system.

FAQs

What Happens if You Get a 3rd DWI in Texas?

If you get a 3rd DWI in Texas, it is a third-degree felony, and you may be faced with serious charges and hefty fines. Specifically, a 3rd DWI in Texas could mean serving two to ten years in prison, paying $10,000 in fines, and having your license suspended for up to two years. Additionally, a DWI may remain on your record permanently, impeding your ability to attain housing, get certain jobs, lose voting rights, or limit certain educational opportunities.

Is 3rd Degree DWI the Worst?

While a 3rd degree DWI is worse than a second or first DWI, it is not the worst. A third DWI is considered a third-degree felony, punishable by two to ten years in prison and $10,000 in fines. However, a DWI involving a minor passenger or if your DWI causes serious injury or death, it can become a second-degree felony, which is a more severe penalty.

What Happens on Your 2nd DWI in Texas?

If it is your 2nd DWI in Texas, you may receive a more severe sentence than a first DWI but a less severe one than a third DWI. A second DWI is typically considered a Class A misdemeanor, punishable by up to a year in jail, $4,000 in fines, and a license suspension of up to two years.

How Much Does a DWI Attorney Cost in Texas?

How much a DWI attorney costs in Texas is difficult to determine and depends on several factors. The top three considerations involve the complexity of your case, the firm’s location, and the skill and experience of your lawyer. More complex cases may involve more billable hours, which may be more costly. This is the same for firms in locations with higher costs of living and with very skilled, experienced lawyers.

Hire a Denton DWI Lawyer Today

If you are arrested and charged with a DWI, you may experience a range of emotions. This is especially true if this is your 2nd or 3rd offense. Whether you made a mistake or are wrongly accused, you deserve quality, dedicated, experienced legal representation to help you with your case. Do not hesitate to contact Robuck Morgan Law Firm, PLLC, for a consultation and to learn how we can serve you.