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 | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| Class A misdemeanor | 100% | 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.
Recent DRIVING WHILE INTOXICATED 2ND cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| 60,384 | Bastrop | Jun 16, 2025 | Aug 27, 2026 | Guilty or no-contest plea |
| 61,642 | Bastrop | Aug 19, 2026 | Aug 27, 2026 | Guilty or no-contest plea |
| CR-2026-02895-C | Denton | May 1, 2026 | Aug 26, 2026 | Guilty or no-contest plea |
| 196128301010 | Harris | Apr 24, 2026 | Aug 26, 2026 | Convicted (plea vs. trial not recorded) |
| 2025CR0408 | Comal | Apr 24, 2025 | Aug 26, 2026 | Guilty or no-contest plea |
| CR-2026-02521-C | Denton | Apr 20, 2026 | Aug 26, 2026 | Guilty or no-contest plea |
| CR-2026-03497-C | Denton | May 18, 2026 | Aug 26, 2026 | Guilty or no-contest plea |
| 26-CCR-249427 | FortBend | Apr 10, 2026 | Aug 25, 2026 | Guilty or no-contest plea |
| CR-2026-00381-A | Denton | Jan 22, 2026 | Aug 24, 2026 | Guilty or no-contest plea |
| 195829001010 | Harris | Apr 2, 2026 | Aug 24, 2026 | Convicted (plea vs. trial not recorded) |
Related charges
- DRIVING WHILE INTOXICATED 3RD OR MORE IAT § 49.09(b)
- BOATING WHILE INTOXICATED 2ND § 49.09(a)
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.