Under the driving while intoxicated Texas law, DWI is defined as operating a motor vehicle in a public place while lacking normal use of mental or physical faculties due to alcohol or drugs, OR having a BAC of 0.08% or higher. As of 2026, a first offense is typically a Class B misdemeanor, carrying a minimum of 72 hours in jail and fines up to $2,000. Penalties escalate sharply for repeat offenders or those carrying a child passenger at the time of the arrest.
Texas does not use the term DUI for adult offenders – DWI applies to everyone 21 and over. DUI in Texas specifically refers to minors (under 21) caught driving with any detectable amount of alcohol – which is any amount at all under the state’s zero-tolerance law.
BAC Limits in Texas
|
Driver Type |
Legal BAC Limit |
Notes |
|---|---|---|
|
Standard adult driver (21+) |
0.08% |
At or above = per se DWI |
|
Commercial vehicle drivers |
0.04% |
Stricter – half the standard limit |
|
Drivers under 21 |
Any detectable amount |
Zero tolerance – even 0.01% = DUI |
|
Open container in vehicle |
Enhanced penalties |
Adds 6-day minimum jail to 1st offense |
Texas DWI Penalties by Offense
|
Offense |
Classification |
Jail Time |
Fine |
License Suspension |
|---|---|---|---|---|
|
1st DWI |
Class B Misdemeanor |
72 hrs – 180 days |
Up to $2,000 |
90 days – 1 year |
|
1st DWI with BAC 0.15+ |
Class A Misdemeanor |
Up to 1 year |
Up to $4,000 |
90 days – 1 year |
|
2nd DWI |
Class A Misdemeanor |
30 days – 1 year |
Up to $4,000 |
180 days – 2 years |
|
3rd DWI |
3rd Degree Felony |
2 – 10 years prison |
Up to $10,000 |
180 days – 2 years |
|
DWI with child passenger |
State Jail Felony |
180 days – 2 years |
Up to $10,000 |
180 days – 2 years |
|
DWI causing serious injury |
3rd Degree Felony |
2 – 10 years |
Up to $10,000 |
Varies |
|
DWI causing death (Intox. Manslaughter) |
2nd Degree Felony |
2 – 20 years |
Up to $10,000 |
Varies |
What Happens After a DWI Arrest in Texas
- You are taken into custody and booked at the local jail.
- You will be asked to take a breath or blood test – refusing triggers an automatic 180-day license suspension (ALR).
- You have 15 days to request an Administrative License Revocation (ALR) hearing to contest the suspension.
- If released on bond, you must appear for arraignment where charges are formally read.
- Hiring a DWI defense attorney as early as possible significantly impacts your outcome.
Ignition Interlock Device (IID) Requirements
Texas courts frequently order convicted DWI offenders to install an IID – a breathalyzer connected to the ignition of their vehicle. The car will not start if alcohol is detected. IID requirements typically apply to all DWI convictions and are mandatory for repeat offenders.
Long-Term Consequences of a Texas DWI
- Criminal record – a DWI conviction in Texas cannot be expunged unless the charge was dismissed.
- Auto insurance rates typically double or triple after a DWI conviction.
- Employment impact – many employers conduct background checks; some professions prohibit convictions.
- Annual surcharge – Texas previously charged $1,000-$2,000/year for 3 years post-conviction (surcharge program ended in 2019 but older convictions may still carry fees).
A DWI in Texas is not a minor traffic ticket – it is a criminal charge with serious, lasting consequences. If you’ve been charged, consulting a qualified DWI defense attorney before making any statements or decisions is the most important step you can take.
