DRIVING WHILE INTOXICATED 2ND
Driving While Intoxicated 2ND in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “DRIVING WHILE INTOXICATED 2ND” means
Driving while intoxicated, second offense, is graded by Texas Penal Code § 49.09(a), which elevates driving while intoxicated to a Class A misdemeanor when the State proves, in addition to the elements of § 49.04 — that the person was intoxicated while operating a motor vehicle in a public place — that the person has one prior conviction for an offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated. 'Intoxicated' means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of substances into the body, or having an alcohol concentration of 0.08 or more. Substantially similar convictions from other states count as prior convictions.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for DRIVING WHILE INTOXICATED 2ND in Texas
Across 38,529 Texas bail settings for this charge (110 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $3,000 (middle half: $2,000 – $5,000). 11% of defendants were released on a personal bond, and bail was denied in 808 cases. When this was the only charge at booking (23,050 records), the median was $3,000 and 15% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 3,807 | $1,250 | $750 – $2,500 | 22% | 1% |
| Bexar | 2,752 | $2,500 | $2,000 – $4,000 | 1% | 3% |
| Dallas | 2,567 | $2,500 | $1,500 – $3,500 | 1% | 1% |
| Travis | 2,070 | $5,000 | $4,000 – $7,500 | 49% | 3% |
| Denton | 1,872 | $5,000 | $2,500 – $5,000 | 1% | 0% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
How real DRIVING WHILE INTOXICATED 2ND cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
Charged with DRIVING WHILE INTOXICATED 2ND?
Find Texas criminal defense attorneys with verified case histories in your county.
Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.