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. Instead of the annual Driver Responsibility Program surcharges — repealed September 1, 2019 (HB 2048) — each DWI conviction now carries a one-time state fine of $3,000, $4,500, or $6,000 (Transportation Code ch. 709), and the state requires ignition interlock devices for repeat offenders and high-BAC first offenders. For offenses committed on or after September 1, 2025, a DWI in a school crossing zone during the time the reduced speed limit applies is a state jail felony even for a first offense (SB 826). 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%; state jail felony if in a school crossing zone during reduced-speed hours, effective Sept 1, 2025) | 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%), plus a one-time state fine of $3,000 — $6,000 if BAC ≥ 0.15% (Transportation Code ch. 709) | Court sets 90 days to 1 year (Transportation Code § 521.344); no suspension for a first offense if the DWI education program is a probation condition completed within 180 days. The administrative ALR suspension is separate: 90 days (test 0.08%+) or 180 days (refusal) | Mandatory at BAC ≥ 0.15% and on deferred adjudication (CCP art. 42A.551(c), (e-1)); otherwise at court discretion, including as a condition of an occupational license |
| 2nd Offense | Class A Misdemeanor | 30 days to 1 year — the 30-day minimum applies to every second offense (§ 49.09(a)). If probation is granted, at least 72 hours of jail must be served as a condition (CCP art. 42A.401), raised to 5 days if the new offense occurred within 5 years of the prior (§ 49.09(h)) | Up to $4,000, plus a one-time state fine of $4,500 if the conviction is within 36 months of the prior (Transportation Code § 709.001) — $6,000 if BAC ≥ 0.15% | 180 days to 2 years (Transportation Code § 521.344); 1 to 2 years if the offense occurred within 5 years of the prior (§ 49.09(h)) | Mandatory for a second offense within 5 years of the prior — the court must order an IID on every vehicle, running from the end of the license suspension to its first anniversary (§ 49.09(h)); otherwise at court discretion, including as a bond condition and for an occupational license |
| 3rd Offense | Third-Degree Felony | 2 to 10 years in state prison (§ 49.09(b)); if probation is granted, at least 10 days of jail must be served as a condition (CCP art. 42A.401) | Up to $10,000 | 180 days to 2 years (Transportation Code § 521.344); 1 to 2 years if the offense occurred within 5 years of the prior (§ 49.09(h)) | 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 for probation; DWI Intervention Program for repeat offenders or when ordered on a substance abuse evaluation |
| 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 suspension; refusal with a prior alcohol-related enforcement contact within 10 years: 2-year suspension. A test result of 0.08% or higher: 90 days (first) or 1 year (prior within 10 years) (Transportation Code § 724.035). You have 15 days from the arrest to request an ALR hearing. 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 |
| DWI in a school crossing zone (during reduced-speed hours) | State jail felony even for a first offense — 180 days to 2 years in state jail and up to a $10,000 fine (§ 49.04(e), effective September 1, 2025) |
| 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. Second-degree felony (2 to 20 years) if the victim is a firefighter or EMS personnel on duty, or if the injury is a traumatic brain injury resulting in a persistent vegetative state; first-degree felony (5 to 99 years or life) if the victim is a peace officer or judge on duty (§ 49.09(b-1), (b-4)) |
| DWI causing death (Intoxication Manslaughter) | Second-degree felony — 2 to 20 years in prison and up to $10,000 fine. First-degree felony (5 to 99 years or life) if the victim is a peace officer or judge on duty, or — for offenses on or after September 1, 2025 — if more than one person died in the same transaction (§ 49.09(b-2)) |
| 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 firefighter or EMS personnel on duty — or the injury is a traumatic brain injury resulting in a persistent vegetative state — the charge is a second-degree felony (2 to 20 years); if the victim is a peace officer or judge on duty, it is a first-degree felony (5 to 99 years or life) (§ 49.09(b-1), (b-4)). If death results (§ 49.08), the offense is intoxication manslaughter — a second-degree felony, or first-degree if the victim was a peace officer or judge on duty or, for offenses on or after September 1, 2025, more than one person died in the same transaction (§ 49.09(b-2)).
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+): Class B misdemeanor — up to $2,000 fine and up to 180 days in jail, 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 and cannot be expunged, but a first-time DWI with BAC below 0.15% may be eligible for an order of nondisclosure (sealing) under Government Code §§ 411.0731/411.0736 after a waiting period — generally two years after completing probation (BAC 0.15% or higher is not eligible). 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.
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 Transportation Code § 709.001
- One-time state fines for DWI convictions ($3,000 / $4,500 / $6,000 if BAC ≥ 0.15%) — replaced the repealed Driver Responsibility Program
- 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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