DRIVING WHILE INTOXICATED 2NDTexas Penal Code (PC) § 49.09(a)
“DRIVING WHILE INTOXICATED 2ND” stands for Driving While Intoxicated, 2nd Offense, a Class A misdemeanor under Texas Penal Code (PC) § 49.09(a). It is punishable by up to 1 year in county jail and a fine up to $4,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “DRIVING WHILE INTOXICATED 2ND” mean?
“DRIVING WHILE INTOXICATED 2ND” stands for Driving While Intoxicated, 2nd Offense, a Class A misdemeanor under Texas PC § 49.09(a).
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.
What usually happens to a DRIVING WHILE INTOXICATED 2ND charge?
24% ended without a conviction, 0% in deferred adjudication and 75% in a conviction.
How 9,259 resolved DRIVING WHILE INTOXICATED 2ND charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 4,584 | 34% | 0% | 65% | 317 |
| Collin | 1,129 | 8% | 0% | 92% | 140 |
| Williamson | 578 | 24% | 0% | 76% | 303 |
| Hays | 536 | 10% | 2% | 88% | 347 |
| Brazoria | 455 | 18% | 0% | 82% | 219 |
| Galveston | 450 | 29% | 0% | 70% | 248 |
| FortBend | 340 | 22% | 1% | 78% | 304 |
| Comal | 277 | 8% | 0% | 92% | 277 |
| Dallas | 237 | 23% | 0% | 76% | 200 |
| Bell | 208 | 2% | 1% | 97% | 330 |
| Montgomery | 139 | 0% | 0% | 100% | 196 |
| Travis | 112 | 30% | 6% | 57% | 472 |
Outcome is the final disposition recorded on the charge. “Other” (75) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a DRIVING WHILE INTOXICATED 2ND case take to resolve?
Typically about 9 months: half of resolved cases closed within 273 days of filing.
Across 9,258 resolved DRIVING WHILE INTOXICATED 2ND charges filed 2019–2023, the median time from filing to disposition was 273 days. The middle half took between 141 and 461 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real DRIVING WHILE INTOXICATED 2ND cases end?
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
What is the punishment for Driving While Intoxicated, 2nd Offense in Texas?
Up to 1 year in county jail and a fine up to $4,000.
| 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.
How much is bail for DRIVING WHILE INTOXICATED 2ND in Texas?
The median bail is $3,000, and 11% of defendants were released on a personal bond.
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.
Charged with DRIVING WHILE INTOXICATED 2ND?
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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.