Texas DWI Laws & Penalties
Last reviewed:
Texas law says 'driving while intoxicated' (DWI). 'DUI' in Texas specifically means a minor with any detectable alcohol (Alcoholic Beverage Code § 106.041) — pages must keep these distinct.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 any detectable amount, enhanced at 0.15%).
- Lookback period: lifetime. No washout period for enhancement — prior DWI convictions count regardless of age (10-year limitation removed in 2005).
- Primary statute: Tex. Penal Code § 49.04 (offense); § 49.09 (enhancements)
BAC 0.15+ elevates a first offense from Class B to Class A misdemeanor (§ 49.04(d)) and raises the state 'superfine' to $6,000.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class B misdemeanor (Class A if BAC 0.15+) | 72 hours – 180 days; mandatory min 72 hours (6 days if open container in vehicle) | $0–$2,000 (criminal fine up to $2,000, PLUS mandatory state 'superfine' of $3,000 ($6,000 if BAC 0.15+) under Transp. Code § 709.001 — the 2019 replacement for the repealed annual surcharge program) | 90 days – 1 year; hardship: occupational/essential-need license available, IID may be required | Not required |
| Second offense | Class A misdemeanor | 30 days – 1 year; mandatory min 30 days (72 hours as probation condition minimum; 5 days if probated) | $0–$4,000 (criminal fine up to $4,000, plus superfine $4,500 if second conviction within 36 months (else $3,000)) | 180 days – 2 years; hardship: occupational license with mandatory IID | Required |
| Third offense | third-degree felony | 2 years – 10 years (state prison, TDCJ); mandatory min 2 years (probation possible with conditions incl. 10 days county jail) | $0–$10,000 (criminal fine up to $10,000, plus superfine per Transp. Code § 709.001) | 180 days – 2 years; hardship: occupational license with mandatory IID | Required |
First offense
- Classification: Class B misdemeanor (Class A if BAC 0.15+)
- Jail: 72 hours – 180 days; mandatory min 72 hours (6 days if open container in vehicle)
- Fine: $0–$2,000 (criminal fine up to $2,000, PLUS mandatory state 'superfine' of $3,000 ($6,000 if BAC 0.15+) under Transp. Code § 709.001 — the 2019 replacement for the repealed annual surcharge program)
- License suspension: 90 days – 1 year; hardship: occupational/essential-need license available, IID may be required
- Alternative disposition: Deferred adjudication available for first-time DWI since Sept 2019 (BAC under 0.15) — requires ignition interlock during deferral; successful completion avoids conviction but still counts as a prior for future enhancement.
- Interlock: Required if BAC 0.15+ as bond condition and for deferred adjudication.
- Older sources mention annual DPS surcharges — that program (Driver Responsibility Program) was repealed in 2019 and replaced by the one-time superfines above.
Second offense
- Classification: Class A misdemeanor
- Jail: 30 days – 1 year; mandatory min 30 days (72 hours as probation condition minimum; 5 days if probated)
- Fine: $0–$4,000 (criminal fine up to $4,000, plus superfine $4,500 if second conviction within 36 months (else $3,000))
- License suspension: 180 days – 2 years; hardship: occupational license with mandatory IID
- IID required as a bond condition for any repeat DWI charge and on any occupational license.
Third offense
- Classification: third-degree felony
- Jail: 2 years – 10 years (state prison, TDCJ); mandatory min 2 years (probation possible with conditions incl. 10 days county jail)
- Fine: $0–$10,000 (criminal fine up to $10,000, plus superfine per Transp. Code § 709.001)
- License suspension: 180 days – 2 years; hardship: occupational license with mandatory IID
- Enhancement per § 49.09(b) with two prior intoxication-offense convictions.
Refusing a chemical test (implied consent)
180-day ALR (administrative license revocation) suspension for refusal (2 years with a prior alcohol-related contact within 10 years). Test failure (BAC 0.08+): 90-day suspension (1 year with prior). ALR is separate from any criminal suspension.
Statute: Tex. Transp. Code ch. 724 (implied consent); ch. 524 (ALR)
Ignition interlock
IID mandatory as a bond condition for repeat DWI and DWI 0.15+; mandatory on occupational licenses after alcohol-related suspensions; mandatory during first-offense deferred adjudication. No general post-reinstatement IID period for a bare first conviction.
Statute: Tex. Code Crim. Proc. art. 17.441; Transp. Code § 521.246
Frequently asked questions
What is the penalty for a first DWI in Texas?
A first DWI in Texas is a Class B misdemeanor (Class A if BAC 0.15+). Jail: 72 hours – 180 days; mandatory min 72 hours (6 days if open container in vehicle). Fine: $0–$2,000 (criminal fine up to $2,000, PLUS mandatory state 'superfine' of $3,000 ($6,000 if BAC 0.15+) under Transp. Code § 709.001 — the 2019 replacement for the repealed annual surcharge program). License suspension: 90 days – 1 year; hardship: occupational/essential-need license available, IID may be required.
What is the legal BAC limit in Texas?
0.08% for most drivers, 0.04% for commercial drivers, and any detectable amount for drivers under 21.
How long does Texas look back at prior DWI offenses?
lifetime. No washout period for enhancement — prior DWI convictions count regardless of age (10-year limitation removed in 2005).