How Much Is Bail for a DWI in Texas?

We pulled public data from all counties in Texas from the years 2022 and 2023 to determine the cost of bail for a DWI in Texas. According to the data, the statewide average bail amount for cash bonds on DWI charges is $5,538.

The table below shows the average bail amount for cash bonds.

However, there is a bit more nuance:

• If you get a Personal Recognizance bond, it has an amount tied to it, but you do not have to pay it (unless you skip bail)
• The bail amount varies a great deal by DWI type. Bail for 1st DWIs on average are $2,819, while 3rd+ DWI bail amounts average $23,087
• There is a wide difference by county. More rural counties tend to be more punitive with bail amounts, and less likely to give out Personal Recognizance bonds

The Difference Between “Bail” and “Bond”

While “bail” and “bond” are often used interchangeably, they aren’t the same.

• Bail is the money (or other collateral) that defendants must provide to be released from jail until their case is resolved. Judges set bail amounts at their discretion, based on the criminal charges and the jurisdiction. Bail is typically returned after the case is resolved, minus court expenses.
• Bond is an arrangement in which a third party provides a guarantee, financial or otherwise, to the court. The bond serves as a promise that the defendant will appear for court proceedings and comply with any additional conditions set by the judge. Depending on the type of bond, violating the conditions or failing to appear can result in fines, forfeiture of the bail amount, or both. A bond typically costs about 10% of the total bail amount, and that money is not refundable.

When a defendant can’t afford to post bail, they must secure a bond to be released.

READ MORE: Bail vs. bond

The Most Common Types of Bond in Texas

In Texas, there are five primary types of bonds available to individuals seeking release from jail following a DWI arrest:

Cash Bond: Involves the defendant, a family member, or a friend paying the entire bail amount directly to the court for the defendant’s release. This is also commonly called bail.

Surety Bond: Involves a third party (bondsman or bond company) assuming responsibility for the defendant’s bail payment. The bond agent receives a deposit from the defendant or their family in exchange for covering the entire bail amount if the defendant does not appear in court.

Personal Recognizance Bond (PR): Considered the most favorable bond type, it allows the court to release the defendant on their own recognizance without requiring payment or surety at all, or for a nominal fee. However, defendants must still appear in court for their hearing.

There are also technically two other types of bonds. One is a Property Bond, which involves putting up collateral. The other is an Attorney Bond, where the attorney serves as a bondsman; however, this is rarely used and creates a huge conflict of interest – never hire an attorney who handles attorney bonds.

The Cost of a Bail Bond in Texas

The cost of a bail bond in Texas generally amounts to 10% to 15% of the total bail amount. For instance, a $20,000 bond would typically cost between $2,000 and $3,000. The specific bail amounts for DWI cases in Texas can vary widely, ranging from a few hundred dollars to over $10,000, depending on the circumstances and the defendant’s prior DUI/DWI record.

The state of Texas made significant changes to the Driver Responsibility Program (DRP) on September 1st, 2019, eliminating yearly surcharges for DWI convictions. Instead, a one-time civil fee system was introduced:

• First DWI offense: $3,000
• Subsequent offense within 36 months: $4,500
• DWI with a 0.15 or higher BAC: $6,000

If the defendant fulfills all required court appearances or if the judge dismisses the charges, they can seek a refund of cash bond payments or the release of property. However, deposits paid to bond agents are typically non-refundable, as they’re considered payment for the bond company’s services.

The average costs for each bond type in Texas are as follows:

• Cash Bond: Full bail amount in cash
• Surety Bond: 10% to 15% of total bail (potentially as low as 1%)
• Property Bond: Value of property at least 150% of bail amount
• Personal Recognizance Bond: No cost
• Attorney Bond: Usually 10% of total bail

Bail Costs for First, Second, and Third DWI Offenses in Texas

The bail amounts for DWI cases rise for repeat offenders. Penalties typically increase with each subsequent conviction, and the costs become difficult for many Texas families to manage.

For a first-time DWI conviction in Texas (a class B misdemeanor), bail often falls within the range of $1,000 to $3,000. However, it can be higher depending on various factors.

A second DWI conviction typically results in bail costs ranging from $3,000 to $7,000, as the charge is elevated to a class A misdemeanor. The court may also require the installation of an Ignition Interlock Device in the defendant’s vehicle.

A third DWI conviction, classified as a third-degree felony, can lead to bail amounts between $10,000 to $20,000. A third DWI with an aggravating factor, including an open container of alcohol in the vehicle or an accident causing severe injury, can significantly increase the bail amount.

Correspondingly, as bail increases, bond deposits also get more expensive, since they’re based on a percentage of the total bail amount.

Average Bail Amount By County in Texas

The following chart shows the average bail amount for Cash / Surety bonds by county in Texas, as well as the percentage of charges that require a Cash / Surety bond.

As you can see, there are large distinctions between counties. The reality is that the justice system isn’t fair. Some counties set lower bail requirements to try to ease jail overcrowding. Others set high bail amounts to set an example that they take a hard-line stance against crime. Often, high bail amounts punish low-level offenders before they’ve been found guilty. Statistics show that more than 60% of Texas’s inmates are in jail because they can’t afford to post bail.

Beating Your DWI Charges

A DWI conviction can have profound and far-reaching consequences on various aspects of life, including employment, travel, income, access to resources, and relationships. It is crucial for individuals facing DWI charges to take proactive steps to defend their rights and future. Seeking legal representation from an experienced DWI attorney is essential, as they will work diligently to protect their clients and explore appropriate bail solutions.