Texas DWI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

Texas calls the offense DWI — Driving While Intoxicated — under Texas Penal Code §49.04, not DUI. A DWI arrest in Texas triggers two separate cases: a criminal prosecution in county or district court, and an administrative Administrative License Revocation (ALR) action by Texas DPS. They run on different timelines, and a driver can win one and lose the other.

The legal threshold

Texas's DWI thresholds:

Adults 21+: 0.08% BAC, or any "loss of normal use of mental or physical faculties" from alcohol or drugs.
Drivers under 21: any detectable amount of alcohol — Texas's zero-tolerance "DUIA" (Driving Under the Influence of Alcohol by a Minor).
Commercial drivers (CDL): 0.04% BAC.
"Intoxicated" by drugs: no per-se threshold; impairment is measured by officer observation, Standardized Field Sobriety Tests, and Drug Recognition Expert evaluations.

Texas allows convictions on either the per-se BAC or on impairment evidence alone — even below 0.08%.

The Administrative License Revocation (ALR)

After a DWI arrest, the officer typically takes the driver's Texas driver license on the spot and issues a Notice of Suspension/Temporary Driving Permit. The temporary permit is valid for 40 days. The ALR suspension takes effect on day 41 unless the driver requests a hearing in writing within 15 days of arrest:

90 days for a first chemical-test failure.
180 days for a chemical-test refusal first offense.
1 year for a chemical-test failure with prior ALR or DWI history.
2 years for a chemical-test refusal with prior history.

First-offense criminal penalties

A first DWI is a Class B misdemeanor in Texas, carrying:

3 days to 6 months in county jail (probation usually replaces the jail term on a first offense without aggravators).
A fine up to $2,000, plus court costs.
A criminal driver license suspension of 90 days to 1 year, separate from ALR.
Mandatory Texas DWI Education Program (12 hours) within 180 days of probation start.
Annual surcharge of $3,000-$6,000 in lieu of the old Driver Responsibility Program — a 2019 reform replaced the old surcharge schedule with a fee tied to conviction.
SR-22 financial responsibility filing for two years — see Texas insurance.

Higher BAC and child passenger

A DWI with a measured BAC of 0.15% or higher is automatically a Class A misdemeanor — up to 1 year in jail, $4,000 fine, and an ignition interlock device (IID) requirement on every vehicle the driver operates for as long as they hold a Texas license under the conviction. A DWI with a passenger under 15 is automatically a state jail felony, with 180 days to 2 years in state jail and a $10,000 maximum fine.

Ignition interlock devices

Texas requires an IID on every vehicle the driver owns or operates as a condition of probation when the BAC was 0.15% or higher, or for any second or subsequent DWI. The device is installed at the driver's expense (about $70-$100 a month plus a $100-$150 install fee), and the data is reported to the supervising court. Failed tests can extend probation and the IID period.

Repeat offenses

A second DWI is automatically a Class A misdemeanor: 30 days to 1 year in jail, up to $4,000 fine, 180 days to 2 years license suspension, and IID. A third DWI is a third-degree felony: 2 to 10 years in state prison and up to $10,000 in fines. Texas has no lookback period — every prior DWI counts toward enhancement, no matter how long ago. Felony DWI also carries a permanent record that affects employment, housing, and federal background checks.

Open container and refusal

Texas's open container law is a separate Class C misdemeanor with a $500 maximum fine. Refusing a chemical test triggers a longer ALR suspension and is admissible in court at trial; Texas courts have repeatedly upheld the constitutionality of consequences for refusal. Drivers should consult a DWI attorney before deciding whether to refuse.