- Classification: Class A Misdemeanor
- Jail exposure: 30-day mandatory minimum — up to 1 year county jail
- Maximum fine: $4,000 maximum
- License: 180-day suspension upon conviction; ALR 15-day deadline still applies at arrest
- 5-day mandatory minimum applies if prior conviction within past 5 years (§49.09(h))
What Changes on a Second DWI
A second DWI conviction is charged as a Class A misdemeanor under §49.09. The mandatory minimum jumps from 72 hours to 30 days in county jail. The fine ceiling doubles. The license suspension period extends. And prosecutors in virtually every Texas county treat second-offense DWIs differently — more scrutiny, less flexibility in plea negotiations, and a higher likelihood of mandatory conditions.
Under §49.09(h), if the prior DWI conviction was within the past five years, a five-day mandatory minimum applies — even if deferred adjudication was used for the earlier offense. The timeline between arrests matters, and an attorney reviews the charging instrument carefully to determine which provisions actually apply to your specific case.
Bond and Conditions at This Level
Bond on a second DWI typically runs $2,500–$5,000, and almost always comes with mandatory interlock and alcohol monitoring conditions from the outset. Prosecutors are less inclined toward lenient offers — but this is also where evidence challenges and procedural defects matter most, because the stakes are significantly higher than a first arrest.
What a Second DWI Means for a Potential Third
A third DWI is charged as a third-degree felony — 2 to 10 years in prison, not county jail. If you are on probation or bond from a second DWI when arrested, bond revocation proceedings begin immediately. This is why defeating or reducing a second-offense DWI matters so much. See the Third DWI felony page → Call 800-225-5394 now for a second-offense DWI consultation.