Texas · DWI · Checked October 2026

DWI Laws in Texas

What Happens if You Get a DWI in Texas?

Texas calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 15 days to challenge your license suspension
First offense jail: 72 hours (3 days) to 180 days
First offense fine: Up to $2,000
First offense license: 90 days to 1 year (court-set, on conviction)
Felony: A DWI is a third-degree felony if you have two previous convictions for intoxicated operation (motor vehicle, aircraft, watercraft or amusement ride), or one previous intoxication manslaughter conviction, with no time limit on the priors. DWI with a passenger under 15, DWI in an active school crossing zone, intoxication assault and intoxication manslaughter are felonies on their own

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Texas DWI Laws: Key Facts

Legal limit (adults): 0.08 BACTex. Penal Code §§ 49.01(2)(B), 49.04(d); Tex. Alco. Bev. Code § 106.041(a); Tex. Transp. Code § 522.081 (commercial 0.04, as summarized by DPS)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0 BAC (A minor (under 21) commits an offense by operating a motor vehicle in a public place with any detectable amount of alcohol in the minor's system.)
Enhanced penalties from: 0.15 BAC
Lookback period: Texas sets no time limit on prior convictions used to enhance a DWI to a Class A misdemeanor or a felony (the former 10-year rule in § 49.09(e) was repealed in 2005). Shorter windows apply only to specific consequences: five years for the mandatory interlock and longer license suspension, 36 months for the higher state traffic fine, and 10 years of enforcement contacts for the longer administrative suspension.
Insurance filing: SR-22, Filed evidence of financial responsibility may be cancelled only after the second anniversary of the date it was required, and only if DPS received no suspension-triggering conviction in the preceding two years.

Texas DWI Penalties by Offense

DWI penalties in Texas for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class B misdemeanor	Class A misdemeanor	Third-degree felony
Jail	72 hours (3 days) to 180 days	30 days to 1 year	2 to 10 years in prison
Fine	up to $2,000	up to $4,000	up to $10,000
License suspension	90 days to 1 year (court-set, on conviction)	180 days to 2 years; 1 to 2 years if the offense was committed within five years of the previous offense	180 days to 2 years; 1 to 2 years if the offense was committed within five years of the previous offense
Ignition interlock	Required as a condition of community supervision if BAC was 0.15 or more; required on deferred adjudication for DWI unless the judge waives it after an alcohol evaluation; required for drivers under 21 placed on community supervision; the court may order it in other cases.	Required as a condition of community supervision. If the offense was committed within five years of the previous one, the court must order an interlock on every vehicle you own or operate until one year after the license suspension ends.	Required as a condition of community supervision; the five-year interlock order under Penal Code § 49.09(h) also applies when the offense was within five years of the previous one.

First offense: Tex. Penal Code §§ 49.04(b), 12.22; Tex. Transp. Code §§ 521.344(a)(2)(A), 709.001; Tex. Code Crim. Proc. art. 42A.408 · Second offense: Tex. Penal Code §§ 49.09(a), 49.09(h), 12.21; Tex. Transp. Code §§ 521.344(a)(2)(B)-(C), 709.001; Tex. Code Crim. Proc. art. 42A.408(c) · Third offense: Tex. Penal Code §§ 49.09(b)(2), 12.34; Tex. Transp. Code § 521.344(a)(2)(B)-(C); Tex. Code Crim. Proc. art. 42A.408(c)

When Penalties Are Higher

Open container of alcohol in the driver's immediate possession: Still a Class B misdemeanor, but the minimum jail term rises from 72 hours to six days.Tex. Penal Code § 49.04(c)
BAC 0.15 or higher: A first offense becomes a Class A misdemeanor (up to 1 year in jail and a $4,000 fine), an interlock is required as a condition of community supervision, and the state traffic fine is $6,000.Tex. Penal Code §§ 49.04(d), 12.21; Tex. Code Crim. Proc. art. 42A.408(c)(1); Tex. Transp. Code § 709.001(b)(3)
Passenger younger than 15: DWI with child passenger is a state jail felony: 180 days to 2 years in a state jail and a fine up to $10,000.Tex. Penal Code §§ 49.045, 12.35
Driving in a school crossing zone while the reduced school speed limit applies: The DWI is a state jail felony: 180 days to 2 years in a state jail and a fine up to $10,000.Tex. Penal Code §§ 49.04(e), 12.35
Causing serious bodily injury to another (intoxication assault): Third-degree felony (2 to 10 years); second-degree if the injury is a traumatic brain injury resulting in a persistent vegetative state or the victim is a firefighter or EMS worker on duty; first-degree if the victim is a peace officer or judge on duty.Tex. Penal Code §§ 49.07, 49.09(b-1), 49.09(b-4)
Causing a death (intoxication manslaughter): Second-degree felony; first-degree if the victim was an on-duty peace officer, judge, firefighter or EMS worker, or in other cases listed in § 49.09(b-2).Tex. Penal Code §§ 49.08, 49.09(b-2)

More on Texas DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

License suspended (or a license denied) for 180 days, or 2 years if your record shows an alcohol- or drug-related enforcement contact in the previous 10 years. The suspension starts on the 40th day after notice unless you request a hearing within 15 days.Tex. Transp. Code §§ 724.011, 724.035, 724.041

Official source: if you refuse a breath or blood test in Texas

Getting a Occupational Driver's License (Essential Need License)

You petition a justice, county or district court. The order sets hours, reasons and routes, limits driving to 4 hours in any 24 (up to 12 on a showing of necessity), and cannot cover a commercial vehicle. After a conviction under Penal Code §§ 49.04-49.08, the judge must require an interlock unless it finds the interlock unnecessary for community safety; drivers restricted to an interlock are not held to the hour, reason or route limits. DPS requires an SR-22 and a fee, and the signed order works as a license for 45 days while DPS processes it.

Official source: getting a occupational driver's license (essential need license) in Texas

Ignition Interlock

First offense: Required as a community supervision condition when BAC was 0.15 or more, on deferred adjudication for DWI (unless waived after an alcohol evaluation), and for drivers under 21; otherwise at the court's discretion. Repeat offenses: Required as a community supervision condition for a repeat offense; for a second or later offense within five years of the last, required on every vehicle you own or operate until one year after the license suspension ends. You pay for the device unless the court finds you cannot; when ordered as a community supervision condition it must stay installed for at least half the supervision period. An occupational license after a DWI conviction carries an interlock unless the court waives it. Driving an employer-owned vehicle for work is exempt if the employer is notified and you do not own or control the business.

Official source: ignition interlock in Texas

Can a DWI Come Off Your Record?

An order of nondisclosure (record sealing from public view) is available for a first DWI that did not involve a BAC of 0.15 or more and did not cause a collision involving another person, whether you received deferred adjudication, community supervision or a completed sentence, if you have no other prior conviction except a fine-only traffic offense. Waiting period: Deferred adjudication: 2 years after discharge and dismissal. Community supervision after conviction: 2 years after completion with at least 6 months of interlock, otherwise 5 years. Conviction with sentence completed: 3 years with at least 6 months of interlock, otherwise 5 years. You petition the court that handled the case. The court may not grant the order if the prosecutor shows the offense caused a collision involving another person, including a passenger. Offenses involving family violence and certain other offenses bar nondisclosure.

Official source: can a dwi come off your record? in Texas

Drivers Under 21

A minor (under 21) commits an offense by operating a motor vehicle in a public place with any detectable amount of alcohol. A minor at or above 0.08 or impaired can also be charged with DWI under Penal Code § 49.04. Class C misdemeanor (fine up to $500) plus 20 to 40 hours of alcohol-related community service for a first offense (40 to 60 with a prior). With two prior convictions, a minor who is not a child faces a $500 to $2,000 fine and up to 180 days in jail. Administrative suspension: 60 days first, 120 days with one prior, 180 days with two or more.

Official source: drivers under 21 in Texas

Driving After Using Drugs

Yes. The same DWI statute applies: 'intoxicated' includes not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of them, or any other substance. Being legally entitled to use the substance is not a defense.

Official source: driving after using drugs in Texas

More on DWI Law in Texas

For the state's own guidance, see Texas Department of Public Safety: Administrative License Revocation (ALR) Program.

This page summarizes Texas law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Texas can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in Texas?

Jail: 72 hours (3 days) to 180 days. Fine: up to $2,000. License suspension: 90 days to 1 year (court-set, on conviction).

How Long Do You Have to Request a License Hearing in Texas?

15 days. How it is counted: the date you receive the notice of suspension (the date the officer serves it on you). If DPS mails the notice instead, it is presumed received on the fifth day after mailing, so DPS tells drivers they have 20 days from the mailing date. DPS must receive the request at its Austin headquarters in writing, by fax, or another way DPS allows; DPS accepts requests online, by mail, email, phone or fax. A late request is denied and the suspension starts on the 40th day after notice. If you miss it, the suspension usually takes effect automatically.

When Is a DWI a Felony in Texas?

A DWI is a third-degree felony if you have two previous convictions for intoxicated operation (motor vehicle, aircraft, watercraft or amusement ride), or one previous intoxication manslaughter conviction, with no time limit on the priors. DWI with a passenger under 15, DWI in an active school crossing zone, intoxication assault and intoxication manslaughter are felonies on their own.

Do You Need an SR-22 After a DWI in Texas?

Yes. How long: Filed evidence of financial responsibility may be cancelled only after the second anniversary of the date it was required, and only if DPS received no suspension-triggering conviction in the preceding two years. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.