Texas DWI Laws 2026: Complete Guide

Texas takes driving while intoxicated (DWI) very seriously, with strict penalties that increase dramatically for repeat offenses. Understanding Texas DWI laws, the difference between DWI and DUI, your rights during a traffic stop, and the consequences you face is critical if you've been arrested or want to avoid a DWI charge.

DWI vs. DUI in Texas

Texas uses different terms for different alcohol-related driving offenses:

DWI (Driving While Intoxicated) - Texas Penal Code § 49.04

• Applies to adults (21+) and minors
• BAC of 0.08% or higher, OR
• Loss of normal use of mental or physical faculties due to alcohol, drugs, or both
• Criminal offense with jail time possible

DUI (Driving Under the Influence) - Texas Alcoholic Beverage Code § 106.041

• Applies ONLY to minors (under 21)
• ANY detectable amount of alcohol in system
• Does not require 0.08% BAC
• Class C misdemeanor (like traffic ticket)
• Fines, license suspension, community service, alcohol education

Legal BAC Limits in Texas

Important: You can be arrested for DWI below 0.08% if officer believes you're impaired (alcohol, drugs, prescription medications, or any substance affecting driving ability).

DWI Penalties in Texas

First Offense DWI (Class B Misdemeanor)

• Jail Time: 72 hours to 180 days (3-6 days minimum if BAC 0.15%+)
• Fines: Up to $2,000 (up to $4,000 if BAC 0.15%+)
• License Suspension: 90 days to 1 year (can be reduced with occupational license)
• Annual Surcharge: $1,000-$2,000 for 3 years to keep license (DPS Driver Responsibility Program)
• Ignition Interlock: May be required for occupational license
• DWI Education: 12-hour class required

Second Offense DWI (Class A Misdemeanor)

• Jail Time: 30 days to 1 year (minimum 30 days)
• Fines: Up to $4,000
• License Suspension: 180 days to 2 years
• Annual Surcharge: $1,500-$2,000 for 3 years
• Ignition Interlock: Required for at least 1 year after reinstatement
• Community Supervision: Typically includes alcohol monitoring

Third+ Offense DWI (Third Degree Felony)

• Prison: 2-10 years (state prison)
• Fines: Up to $10,000
• License Suspension: 180 days to 2 years
• Annual Surcharge: $1,500-$2,000 for 3 years
• Ignition Interlock: Required for at least 1 year
• Felony Record: Affects employment, voting rights, gun rights

DWI with Child Passenger (Under 15)

State Jail Felony (Penal Code § 49.045):

• Jail: 180 days to 2 years
• Fines: Up to $10,000
• License Suspension: 90 days to 2 years
• Applies to first offense if child present

Intoxication Assault (Third Degree Felony)

DWI causing serious bodily injury (Penal Code § 49.07):

• Prison: 2-10 years
• Fines: Up to $10,000
• License Suspension: 90 days to 1 year (plus potential civil liability)

Intoxication Manslaughter (Second Degree Felony)

DWI causing death (Penal Code § 49.08):

• Prison: 2-20 years
• Fines: Up to $10,000
• License Suspension: 180 days to 2 years
• Civil Lawsuits: Victim's family can sue for damages

Administrative License Revocation (ALR) Hearing

Texas has a separate administrative process run by DPS (not criminal court):

Timeline

1. Day of Arrest: Officer confiscates license, issues temporary driving permit (45 days)
2. Within 15 Days: You MUST request ALR hearing or license automatically suspended on day 40
3. ALR Hearing: Scheduled within 120 days (typically 30-60 days)
4. Outcome: Administrative Law Judge decides suspension regardless of criminal case

ALR Suspension Lengths

• First DWI (failed test): 90-day suspension
• First DWI (refused test): 180-day suspension
• Second+ DWI (failed test): 1-year suspension
• Second+ DWI (refused test): 2-year suspension
• Minor DUI: 60-day suspension (first), 120 days (second)

Occupational Driver License (ODL)

If suspended, you can apply for ODL to drive for:

• Work or work-related duties
• School or educational activities
• Essential household duties
• Medical appointments

Requirements:

• File petition with court
• Show financial hardship
• Install ignition interlock device (IID)
• Maintain SR-22 insurance
• Cost: Filing fee + IID installation/rental ($70-150 install, $60-80/month)

Driver Responsibility Program Surcharges

In addition to fines, DPS assesses annual surcharges to keep your license (Transp. Code Chapter 708):

• DWI Conviction: $1,000/year for 3 years ($3,000 total)
• DWI with BAC 0.16%+: $2,000/year for 3 years ($6,000 total)
• DWI with Minor: $1,000/year for 3 years
• Failure to Maintain Insurance: $250/year for 3 years

Failure to pay surcharges = license suspended until paid.

Ignition Interlock Device (IID)

When Required

• Second or subsequent DWI conviction (mandatory 1+ year)
• First DWI with BAC 0.15%+ (judge's discretion)
• Occupational driver license
• Early reinstatement after suspension

How It Works

• Device installed in vehicle by certified installer
• Must blow into device before starting car
• Random "rolling retests" while driving
• Records all tests, violations, and tampering attempts
• Monthly calibration and data download required

Costs

• Installation: $70-$150
• Monthly rental: $60-$90
• Calibration/monitoring: $15-$30/month
• Removal: $50-$100
• Total for 1 year: $1,000-$1,500

Your Rights During DWI Stop

During the Traffic Stop

• You must: Provide driver's license, registration, and insurance
• You have right to: Remain silent beyond basic identification
• You do NOT have to: Answer "have you been drinking?" or incriminating questions
• You do NOT have to: Perform field sobriety tests (FSTs) - these are VOLUNTARY in Texas
• You do NOT have to: Take portable breathalyzer (PBT) at roadside - VOLUNTARY

After Arrest

• Implied Consent: By driving in Texas, you've consented to chemical test if arrested
• You must choose: Breath test OR blood test (your choice if both offered)
• Refusal consequences: Automatic 180-day suspension (first), longer for subsequent
• Refusal used against you: Prosecutor can mention refusal at trial
• Forced blood draw: Possible with warrant (or without for serious accidents, prior DWIs)

Should You Refuse?

Pros of refusal:

• No BAC evidence for prosecution
• May be harder for State to prove intoxication

Cons of refusal:

• Automatic longer license suspension
• Refusal can be mentioned at trial
• Police may get warrant for forced blood draw anyway
• Looks bad to jury

No-Refusal Weekends

Texas implements "No-Refusal" initiatives during high-risk periods (holidays, special events):

• Judges on standby to issue warrants 24/7
• If you refuse breath/blood test, police obtain warrant immediately
• Forced blood draw conducted (legal with warrant)
• Common during: New Year's, Fourth of July, Labor Day, SXSW, Super Bowl

Common DWI Defenses

Procedural Defenses

• No Probable Cause: Officer lacked legal reason to stop you
• Improper Stop: Checkpoint not conducted legally
• Miranda Violations: Statements obtained without proper warnings
• Chain of Custody: Blood sample mishandled or contaminated

Technical Defenses

• Rising BAC: BAC was below limit while driving, rose by time of test
• Mouth Alcohol: GERD, burping, mouthwash, dental work
• Breathalyzer Malfunction: Machine not calibrated or maintained properly
• Blood Test Issues: Improper storage, fermentation, contamination
• Medical Conditions: Diabetes, hypoglycemia affecting tests

Factual Defenses

• Not Driving: Not in actual physical control of vehicle
• Not Intoxicated: Failed FSTs due to medical condition, nervousness, etc.
• Necessity: Emergency required driving

Total Cost of DWI in Texas

Frequently Asked Questions

Can I refuse a breathalyzer in Texas?

You can refuse the roadside portable breathalyzer (PBT) - it's voluntary. However, once arrested, refusing the official breath/blood test triggers automatic license suspension (180 days first offense, 2 years for subsequent). Police can also get a warrant for forced blood draw.

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

Jail is possible (up to 180 days), but many first-time offenders receive probation instead. Minimum 72 hours jail is required by law, but judges often give credit for time served during arrest or allow alternatives like community service. An attorney can help negotiate probation.

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

A DWI conviction stays on your criminal record permanently in Texas. Unlike some misdemeanors, DWIs cannot be expunged (erased) even after completing probation. They can only be non-disclosed if you received deferred adjudication, which is rare for DWI. DWI stays on your driving record for life and counts as a prior for future DWI charges.

What's the difference between DWI and DUI in Texas?

DWI (Driving While Intoxicated) is a criminal offense for any driver with BAC 0.08%+ or impaired faculties. DUI (Driving Under the Influence) is a minor-only offense for drivers under 21 with ANY detectable alcohol (even below 0.08%). DUI is a Class C misdemeanor like a traffic ticket, while DWI is a more serious criminal charge.

Can I get a DWI for marijuana in Texas?

Yes. DWI applies to impairment from any substance - alcohol, marijuana, prescription drugs, illegal drugs, or any combination. There's no specific THC level like the 0.08% BAC for alcohol. Officer testimony, field sobriety tests, and Drug Recognition Expert (DRE) evaluation are used to prove marijuana impairment.