DUI Laws in Texas (DWI)
Texas uses the term "DWI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is Lifetime (no lookback period. 3rd offense (no lookback period — all priors count regardless of age). Below are the full details of Texas's DUI laws and penalties.
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Overview
Texas uses the term DWI (Driving While Intoxicated) rather than DUI, with DUI reserved exclusively for minors under 21. Texas is notably strict: a third DWI is a third-degree felony carrying 2 to 10 years in prison, and there is no lookback period — all prior DWI convictions count regardless of how long ago they occurred. The state also imposes substantial surcharges through its Driver Responsibility Program and requires ignition interlock devices for all repeat offenders and high-BAC first offenders. Texas has one of the highest DWI fatality rates in the nation, which drives aggressive enforcement and prosecution.
Official term: DWI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | Any detectable amount (under 21 — DUI); 0.08% triggers adult DWI charges |
| Enhanced Penalty | 0.15% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class B Misdemeanor (Class A if BAC ≥ 0.15%) | 72 hours to 180 days (up to 1 year if BAC ≥ 0.15%); mandatory 6 days if open container in vehicle | Up to $2,000 (up to $4,000 if BAC ≥ 0.15%) | 90 days to 1 year | Required if BAC ≥ 0.15%; may be ordered at court discretion for lower BAC to obtain occupational license |
| 2nd Offense | Class A Misdemeanor | 30 days to 1 year (mandatory minimum 5 days if within 5 years of first; otherwise 72 hours) | Up to $4,000 | 180 days to 2 years | Required as condition of bond and for occupational license |
| 3rd Offense | Third-Degree Felony | 2 to 10 years in state prison (mandatory minimum 10 days as condition of probation if granted) | Up to $10,000 | 180 days to 2 years | Required upon license reinstatement and as condition of bond |
| Felony | Third-Degree Felony (3rd offense); may be enhanced to Second-Degree if prior felony DWI | 2 to 10 years in state prison (2nd-degree: 2 to 20 years) | Up to $10,000 | 180 days to 2 years; may face permanent revocation upon subsequent felony | Required upon any license reinstatement |
Felony threshold: 3rd offense (no lookback period — all priors count regardless of age). Lookback period: Lifetime (no lookback period — all prior DWI convictions count regardless of when they occurred).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | 24 to 100 hours (commonly ordered as condition of probation) | Up to 2 years community supervision | DWI Education Program (12-hour course) required; DWI Intervention Program if BAC ≥ 0.15% |
| 2nd Offense | 80 to 200 hours | Up to 2 years community supervision | DWI Intervention Program (32-hour course) and possible substance abuse evaluation/treatment |
| 3rd Offense | 160 to 600 hours | Up to 10 years community supervision if prison is probated | Court-ordered substance abuse treatment program; may require residential treatment |
| Felony | 160 to 600 hours as condition of probation | Up to 10 years community supervision | Court-mandated substance abuse treatment; may include inpatient rehabilitation |
Implied Consent Law
Under Texas Transportation Code § 724.011, anyone arrested for DWI is deemed to have consented to breath or blood testing. Law enforcement may also obtain a mandatory blood draw warrant for refusals, particularly in cases involving accidents with injuries, deaths, or when a child passenger is present.
Refusal penalties: First refusal: 180-day license suspension. Second or subsequent refusal: 2-year license suspension. Officers commonly obtain blood draw warrants from on-call judges, making refusal less effective at avoiding testing.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | First offense elevated to Class A misdemeanor; up to 1 year jail and $4,000 fine |
| Child passenger under 15 | State jail felony (DWI with Child Passenger) — 180 days to 2 years in state jail, up to $10,000 fine, regardless of prior history |
| Open container in the vehicle | Mandatory minimum 6 days jail for first offense instead of 72 hours |
| DWI causing serious bodily injury (Intoxication Assault) | Third-degree felony — 2 to 10 years in prison and up to $10,000 fine |
| DWI causing death (Intoxication Manslaughter) | Second-degree felony — 2 to 20 years in prison and up to $10,000 fine |
| Prior felony DWI conviction | New DWI may be charged as second-degree felony with 2 to 20 years in prison |
DUI with Injury
Classification: Intoxication Assault — Third-Degree Felony
2 to 10 years in state prison, fines up to $10,000, license suspension of 180 days to 2 years, and mandatory restitution to the victim. If the victim is a peace officer, firefighter, or emergency medical services personnel, the charge is elevated to a second-degree felony (2 to 20 years).
Underage DUI
DUI by Minor (under 21 with any detectable amount): Class C misdemeanor for first offense — up to $500 fine, 60-day license suspension, 20-40 hours community service, mandatory alcohol awareness course. Second offense: up to $500 fine, 120-day suspension, 40-60 hours community service. Third offense (age 17+): up to $2,000 fine, 180-day suspension, 40-60 hours community service. If the minor's BAC is 0.08% or higher, they face standard adult DWI charges.
Diversion Programs
Program: Pretrial Diversion / DWI Court Programs
Many Texas counties offer pretrial diversion or specialty DWI court programs for first-time offenders. These are not mandated statewide but are available at the discretion of county district attorneys. Programs typically require 12-18 months of compliance including substance abuse treatment, regular testing, community service, and victim impact panels.
Eligibility: Generally limited to first-time DWI offenders with BAC below 0.15%, no accidents or injuries, no child passenger, and no prior criminal history. Availability and specific requirements vary significantly by county — Harris, Travis, Bexar, and Dallas counties have established programs.
How Long a DUI Stays on Your Record
A DWI conviction remains on your Texas criminal record permanently and cannot be expunged. There is no lookback period — every prior DWI counts for enhancement purposes for life. A DWI arrest that did not result in conviction may be eligible for expunction or nondisclosure in certain circumstances.
Key Statutes
- Texas Penal Code § 49.04
- Driving While Intoxicated — primary DWI offense definition
- Texas Penal Code § 49.045
- DWI with Child Passenger — state jail felony for DWI with passenger under 15
- Texas Penal Code § 49.07
- Intoxication Assault — DWI causing serious bodily injury
- Texas Penal Code § 49.08
- Intoxication Manslaughter — DWI causing death
- Texas Penal Code § 49.09
- Enhanced offenses and penalties for repeat DWI offenders
- Texas Transportation Code § 724.011
- Implied consent — requirement to submit to chemical testing
- Texas Alcoholic Beverage Code § 106.041
- DUI by Minor — driving under the influence by a person under 21
Frequently Asked Questions
What is the difference between DUI and DWI in Texas?
Is a first DWI a felony in Texas?
How long does a DWI stay on your record in Texas?
Can you get a DWI dismissed in Texas?
What is an occupational license in Texas after a DWI?
Do you go to jail for a first DWI in Texas?
How much does a DWI cost in Texas?
Can police take your blood without consent in Texas?
Related Guide
DUI license recovery in Texas→Step-by-step guide to getting your license back after a DUI in Texas — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Texas DPS — DWI & License Suspension Information
Texas Department of Public Safety — license reinstatement, ALR hearings, and occupational license information.
- Texas Penal Code Chapter 49 — Intoxication Offenses
Full text of Texas Penal Code Chapter 49 covering DWI, intoxication assault, and intoxication manslaughter.
- Texas Legal Aid — State Bar Lawyer Referral
Texas State Bar lawyer referral service to find affordable DWI defense attorneys.
- MADD Texas — Victim Resources
Mothers Against Drunk Driving Texas chapter — victim assistance, court accompaniment, and support groups.
- Texas Ignition Interlock Program
Information on Texas ignition interlock requirements, approved vendors, and compliance procedures.
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