Texas DWI Charge Codes — What You’re Actually Facing

If you or someone you know was arrested for a DWI in Texas, the charge code on the paperwork controls everything: the maximum jail exposure, the fine ceiling, whether the case is a misdemeanor or a felony, and what the automatic license consequences are. This page maps every Texas DWI-related charge and links to a full breakdown of each one.

📋 Charge Level Determines Everything
  • Class B Misdemeanor — 1st DWI: up to 180 days, $2,000 max fine
  • Class A Misdemeanor — High BAC or 2nd DWI: up to 1 year, $4,000 max fine
  • State Jail Felony — DWI with child passenger: 180 days–2 years, $10,000 max
  • 3rd Degree Felony — 3rd DWI or intoxication assault: 2–10 years, $10,000 max
  • 2nd Degree Felony — Intoxication manslaughter: 2–20 years, $10,000 max
Charge Statute Level
First DWI §49.04 Class B Misd Details →
DWI — BAC 0.15+ §49.04(d) Class A Misd Details →
Second DWI §49.09 Class A Misd Details →
Third DWI §49.09(b) 3rd Deg Felony Details →
DWI w/ Child Passenger §49.045 State Jail Felony Details →
Intoxication Assault §49.07 3rd Deg Felony Details →
Intoxication Manslaughter §49.08 2nd Deg Felony Details →
DWI + Open Container §49.04 enhanced Class B (6-day min) Details →
DUI — Under 21 §106.041 Class C Misd Details →
CDL / Commercial DWI §49.04 (CDL threshold) Class B Misd Details →
ALR License Suspension Admin / DPS Civil / Admin Details →
The Charge Is What They’re Alleging — Not the Final Word

Every element of a DWI charge — the traffic stop, the field sobriety tests, the breath or blood test — can be challenged. The sooner you have a defense attorney reviewing the evidence, the more options you have.

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