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Texas DUI Laws: What You Need to Know

Arrested or worried about a DWI charge? Here is how Texas law works, what the penalties can be, and the license deadline that starts the day you get your notice.

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Attorneys listed may offer free consultations. This is legal information, not legal advice.

Last reviewed: October 2026

The basics

Quick facts about Texas DWI law

Adult DWI is defined in Texas Penal Code 49.04. You commit DWI if you are intoxicated while operating a motor vehicle in a public place.

BAC limit 0.08 and other signs of intoxication

Under Texas law, "intoxicated" means either:

a blood or breath alcohol concentration (BAC) of 0.08 or more, or
not having the normal use of your mental or physical faculties because of alcohol, drugs, or a combination.

That means a BAC under 0.08 does not automatically rule out a DWI charge. Read Penal Code chapter 49 (opens in new tab).

Terms

DUI vs. DWI in Texas

DWI (Driving While Intoxicated) applies to drivers of any age who meet the intoxication definition above.

DUI (Driving Under the Influence) in Texas applies to drivers under 21 with any detectable amount of alcohol. No 0.08 threshold is needed. An under 21 driver can also face a DWI charge if the evidence shows intoxication.

General ranges

Texas DUI penalties: Texas DWI by offense

These are general statutory ranges. Actual outcomes can vary based on the facts, prior history, and the court.

Offense: First offense
Charge level: Class B misdemeanor (usually)
Fine: Up to $2,000
Jail or prison: 72 hours to 180 days
License suspension: 90 days to 1 year

Offense: First offense, BAC 0.15+ at testing
Charge level: Class A misdemeanor
Fine: Up to $4,000
Jail or prison: Up to 1 year
License suspension: 90 days to 1 year

Offense: Second offense
Charge level: Class A misdemeanor
Fine: Up to $4,000
Jail or prison: 30 days to 1 year
License suspension: 180 days to 2 years

Offense: Third offense
Charge level: Third degree felony
Fine: Up to $10,000
Jail or prison: 2 to 10 years prison
License suspension: 180 days to 2 years

Texas DWI penalty ranges by offense
Offense	Charge level	Fine	Jail or prison	License suspension
First offense	Class B misdemeanor (usually)	Up to $2,000	72 hours to 180 days	90 days to 1 year
First offense, BAC 0.15+ at testing	Class A misdemeanor	Up to $4,000	Up to 1 year	90 days to 1 year
Second offense	Class A misdemeanor	Up to $4,000	30 days to 1 year	180 days to 2 years
Third offense	Third degree felony	Up to $10,000	2 to 10 years prison	180 days to 2 years

A court may also order an ignition interlock device as a condition of bond or probation.

Fines, court costs, and the old surcharge program

Texas once charged annual DWI surcharges under the Driver Responsibility Program. That program was repealed effective September 1, 2019, and those surcharges no longer apply. Today, a DWI case can still involve court fines, court costs, and other fees set by law, which are separate from the old program. See the Texas DPS Driver Responsibility Program page (opens in new tab).

When charges increase

Felony DWI and other situations in Texas

DWI with a child passenger

Driving while intoxicated with a passenger younger than 15 is a state jail felony.

Intoxication assault

Causing serious bodily injury to another person while intoxicated is a felony.

Intoxication manslaughter

Causing a death while intoxicated is a felony.

Open container

Knowingly possessing an open container in a vehicle's passenger area on a public highway is generally a Class C misdemeanor, with legal exceptions. An open container in a driver's immediate possession during DWI can raise the minimum jail time to six days.

DWI in a school crossing zone

Under current Penal Code chapter 49, effective September 2025, DWI in a school crossing zone during reduced speed hours is a state jail felony. So a first DWI is not always a misdemeanor.

DUI under 21

Under 21 drivers can face DUI for any detectable alcohol, plus DWI if intoxicated, along with separate license consequences.

Separate from the criminal case

Driver's license suspension and the ALR hearing

Administrative License Revocation (ALR) is a civil process through Texas DPS. It runs separately from the criminal DWI case.

Failed test (0.08 or more), adult noncommercial driver: usually 90 days.
Refusal: usually 180 days.
Longer suspensions can apply with prior history.

The 15 day deadline

You generally have 15 days from the date you were served the notice of suspension to request an ALR hearing. If no hearing is requested, the suspension generally begins on the 40th day.

Some people receive a notice by mail after blood test results. In those cases the request is generally due 20 days from mailing, and suspension generally begins 40 days from the presumed date of receipt.

Your notice may serve as a temporary driving permit for eligible drivers. It is not blanket permission to drive. Check your notice and the DPS ALR program page (opens in new tab).

Typical timeline

What happens after a DWI arrest

1
Arrest
An officer arrests you and may request a breath or blood specimen.
2
Notice and temporary permit
You may receive a notice of suspension, which may serve as a temporary permit if you are eligible.
3
15 day ALR window
The deadline to request an ALR hearing generally runs from the date of service.
4
Bond and arraignment
Bond can be set early, sometimes before arraignment. The order of these steps varies by county.
5
Court proceedings
Settings, evidence review, and negotiations in the criminal case.
6
Possible outcomes
Dismissal, deferred adjudication, probation, or conviction. Eligibility for each varies.

Next steps

How a Texas DWI attorney can help

Review the evidence, including stop details, test procedures, and video.
Track deadlines, including the ALR hearing request.
Evaluate your case and explain realistic options in your county.

No attorney can guarantee a particular result.

Talk to an Attorney About Your Case

Who we are

About LISA

LISA (Legal Information Service Assistant) is an AI assistant that helps people understand legal issues, find resources, use document tools, and connect with attorneys who may offer a free consultation.

LISA is not a lawyer and not a law firm, and does not give legal advice. LISA is a program of the nonprofit LextFoundation.org (opens in new tab).

FAQs

Frequently asked questions about Texas DWI

Is a first DWI in Texas a felony?

Usually not. A first DWI is generally a Class B misdemeanor, or Class A if BAC was 0.15 or higher. Some first offenses can be felonies, such as DWI with a child passenger under 15, intoxication assault, intoxication manslaughter, or DWI in a school crossing zone during reduced speed hours.

Will I go to jail for a first DWI in Texas?

For a typical first Class B DWI, the jail range is 72 hours to 180 days. A BAC of 0.15 or higher raises the possible maximum to one year. Time served depends on the facts, court, and eligibility for options like probation. An attorney can explain your options.

How long is a license suspension after a Texas DWI?

Through the ALR process, an adult noncommercial driver who fails a test is usually suspended 90 days, and a refusal usually brings 180 days. Longer periods can apply with prior history. A criminal conviction can bring a separate suspension.

What is the 15 day deadline after a DWI arrest?

You generally have 15 days from the date you were served the notice of suspension to request an ALR hearing. If you do not, the suspension generally begins on the 40th day. Some mailed blood-result notices allow 20 days from mailing instead.

What BAC is considered drunk driving in Texas?

For adults, 0.08 or higher is legally intoxicated. You can also be intoxicated at any BAC if alcohol or drugs caused loss of normal mental or physical faculties. Drivers under 21 can face DUI for any detectable amount.

What happens if I refuse a breath or blood test in Texas?

Under implied consent law, refusal usually leads to an ALR suspension, often 180 days for a first refusal, and the refusal may be used as evidence. Officers can also seek a warrant for blood. This page cannot tell you what to do in your situation.

What is the difference between DUI and DWI in Texas?

DWI applies to any driver who is intoxicated. DUI in Texas applies to drivers under 21 with any detectable amount of alcohol. An under 21 driver can face DWI too if the evidence shows intoxication.

Can a Texas DWI be dismissed or reduced?

Sometimes. Possible outcomes include dismissal, a reduced charge, deferred adjudication where eligible, probation, or conviction. Results depend on the evidence and the facts, and no one can guarantee an outcome.

Do I need an attorney for a Texas DWI?

You are not required to hire one, but a licensed Texas attorney can review the evidence, track deadlines, and evaluate your options. Many people speak with an attorney before the 15 day ALR window closes.

How long does a DWI stay on my record in Texas?

A DWI conviction generally stays on your criminal record permanently. Sealing may be possible in limited circumstances, such as some first offenses with deferred adjudication or certain conditions. Eligibility varies, so ask an attorney.

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