Texas · Texas Penal Code §§ 49.04–49.09
Texas calls the offense DWI: driving while intoxicated. "DUI" in Texas is a separate, lesser charge for drivers under 21. Texas has no lookback period, so an old DWI can still raise the penalties for a new one.
Legal term
DWI
Penal Code § 49.04
BAC limit, 21 and over
0.08%
Or loss of normal mental or physical faculties
Commercial drivers
0.04%
While driving a commercial vehicle
Drivers under 21
Any amount
Charged as DUI by a minor
Prior-offense lookback
None
Every prior DWI can count
ALR hearing deadline
15 days
From the date of arrest
On top of the fine, Texas adds a state traffic fine of $3,000 to $6,000 at sentencing, depending on your BAC and recent priors.
| First offense | Second offense | Third offense | |
|---|---|---|---|
| Offense level | Class B misdemeanor (Class A at 0.15%+) | Class A misdemeanor | Third-degree felony |
| Jail or prison | 72 hours to 180 days (6 days minimum with an open container) | 30 days to 1 year | 2 to 10 years in prison |
| Fine | Up to $2,000 (up to $4,000 at 0.15%+) | Up to $4,000 | Up to $10,000 |
| License suspension (court) | 90 days to 1 year | 180 days to 2 years | 180 days to 2 years |
| Ignition interlock | Required at 0.15%+; often a bond condition | Required | Required on probation |
DWI with a child under 15 in the vehicle is a felony even on a first offense. See Felony DWI.
A DWI arrest in Texas starts two cases: an Administrative License Revocation (ALR) case with the Department of Public Safety and a criminal case. They're decided separately.
DPS · starts at arrest
If you failed or refused a breath or blood test, DPS moves to suspend your license. Request an ALR hearing within 15 days of the arrest to challenge it.
If the suspension stands: 90 days for a failed test on a first offense, 1 year with a prior.
Court · starts when charged
A conviction brings its own suspension, shown in the table above.
An occupational license may let you drive to work, school and essential errands, usually with an interlock.
Under Texas's implied consent law, driving means you've agreed to a breath or blood test after a DWI arrest. Refusing brings a longer suspension than failing, and officers can get a warrant for a blood sample anyway.
First refusal
180 days
license suspension
With a prior in 10 years
2 years
license suspension
Your refusal can also be used as evidence against you in the criminal case.
These factors raise the offense level, add jail time or turn a DWI into a felony.
A DWI is a felony in Texas when:
Texas requires an ignition interlock for a repeat DWI and for a first DWI with a BAC of 0.15% or higher. Judges often order one as a bond condition while the case is pending, and it's usually required for an occupational license.
The Texas statutes this guide is based on.