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The Penalty for a Driving While Intoxicated (DWI) charge depends on the number of prior DWI convictions, the presence of a child under the age of 15 was in the vehicle, if there was an open container, and the result of the BAC test.


A 1st offense DWI Penalty without any enhancing factors is:

 A Class B misdemeanor, with a minimum term of confinement of 72 hours.

This equals a 1st offense Driving While Intoxicated penalty of:

  • Up to a $2,000 fine.
  • Jail time between 3 days and 180 days.
  • License suspension for up to 2 years.
  • Annual surcharge up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

Note: An experienced DWI attorney will likely keep you from serving any jail time.


A 2nd offense DWI Penalty without any enhancing factors is:

A Class A misdemeanor, with a minimum term of confinement of 30 days.

This equals a 2nd offense DWI penalty of:

  • Up to a $4,000 fine.
  • Jail time between 30 days and 1 year.
  • License suspension between 180 days and 2 years.
  • Annual license surcharge.
  • Ignition Interlock Device (Breath device in vehicle)

A 3rd offense DWI Penalty without any enhancing factors is:

A felony of the third degree.

This equals a 3rd offense penalty of:

  • Up to a $10,000 fine.
  • Jail time between 2 years and 10 years.
  • Rehabilitative confinement for alcohol treatment.

Proven Defense by a Former Law Enforcement Officer

Many people who are charged with an Austin DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes. Depending on the facts of the case, what if

  • Instead of months of suspension, you don’t lose your license at all?
  • Instead of making a deal for probation, you never get convicted?
  • Instead of having a DWI conviction, your record stays clean?
  • Instead of cutting bad deals, you get a vigorous DWI defense?

While every case depends on the facts and circumstances at play, mounting an aggressive defense to DWI charges may be your best option. The Austin Criminal Defense attorneys at Stephen T Bowling, P.C., handle all drunk driving cases, defending clients in both the criminal proceedings and driver’s license hearings.

Don’t trust just anyone with your Austin DWI defense. Contact the law firm of Stephen T Bowling, PC, by e-mail or call us at 512-599-9000 to schedule your free consultation with an Austin DWI lawyer to discover some strategies we pursue in defending Austin Driving While Intoxicated cases.

We offer payment plans and accept major credit cards, including Visa, MasterCard, and Discover.

DWI Case Factors

What is Intoxicated?
What is “operating” a motor vehicle?
What is a “Public Place”?
Drugged Driving
DWI Penalties
DWI with a Child under 15
DWI with a BAC over 0.15
DWI with Open Container
14 day Driver’s License Requirement

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