Texas calls the offense DWI (Driving While Intoxicated), not DUI. The BAC per-se limit is 0.08% for standard drivers (0.04% commercial; any detectable amount for under-21 under Zero Tolerance). A first-offense DWI is a Class B misdemeanor (72 hours to 180 days jail, up to $2,000 fine, 90 days to 1 year license suspension). Second offense is a Class A misdemeanor. Third or subsequent is a third-degree felony (2–10 years prison, up to $10,000 fine). Texas has no lookback period — prior DWI convictions count as priors forever. Intoxication Assault (serious bodily injury) is a third-degree felony; Intoxication Manslaughter (death) is a second-degree felony (2–20 years). A separate Administrative License Revocation (ALR) process runs alongside criminal proceedings — the deadline to request an ALR hearing is 15 days.
| Governing statute | Tex. Penal Code Ch. 49 (Intoxication Offenses) |
|---|---|
| Statutory name | Driving While Intoxicated (DWI) — not DUI |
| BAC limit (standard) | 0.08% |
| BAC limit (commercial) | 0.04% |
| BAC limit (under 21) | Any detectable amount (Zero Tolerance — DUI-Minor) |
| Definition of 'intoxicated' | Impaired OR 0.08% BAC OR any amount of controlled substance |
| First offense | Class B misdemeanor · 72 hr–180 days jail · $2,000 fine max |
| Third+ offense | 3rd-degree felony · 2–10 years prison · $10,000 fine max |
| Lookback period | None — priors count forever |
| ALR hearing deadline | 15 days from date of notice |
DWI vs DUI in Texas
Texas uses DWI (Driving While Intoxicated) as the primary offense name for adult drivers. DUI (Driving Under the Influence) is a separate, lesser offense that in Texas applies only to minors (under 21) with any detectable alcohol in their system — the Zero Tolerance offense under Tex. Alco. Bev. Code § 106.041. Adults 21+ are prosecuted for DWI, not DUI.
When outsiders (and this website) discuss "DUI in Texas," they generally mean adult DWI. When you see references to "DUI" in Texas law or courts, it typically refers to the underage Zero Tolerance offense — a Class C misdemeanor with substantially lower penalties than adult DWI.
BAC limit and 'intoxicated' definition
Texas uses the standard 0.08% BAC per-se limit for adult drivers. Under Tex. Penal Code § 49.01(2), a person is "intoxicated" if:
- They don't have normal use of mental or physical faculties by reason of introduction of alcohol, a controlled substance, drug, dangerous drug, or other substance into the body; OR
- They have a BAC of 0.08% or more.
Note the disjunctive definition: you can be convicted of DWI without any BAC evidence at all if the state proves impairment. This is one reason field sobriety tests (walk-and-turn, one-leg stand, HGN) matter — they support the impairment prong even when BAC is below 0.08%.
BAC categories
- 0.08%–0.14%: Standard DWI (Class B misdemeanor first offense).
- 0.15%+: First-offense DWI enhanced to Class A misdemeanor under
Tex. Penal Code § 49.04(d). - Commercial (0.04%+): Federal DOT standard applies to CDL holders.
- Under 21 (any detectable): DUI-Minor under Zero Tolerance.
First offense penalties
A first-offense DWI in Texas is a Class B misdemeanor under Tex. Penal Code § 49.04:
- Jail: 72 hours to 180 days (mandatory minimum 72 hours; up to 6 days if open container in vehicle at time of offense).
- Fine: Up to $2,000.
- License suspension: 90 days to 1 year (through DPS driver's license division).
- Community service: Typically 24–100 hours as part of community supervision.
- DWI Education Program: Required — 12 hours minimum.
- Annual surcharge: $1,000/year for 3 years (or $2,000 if BAC 0.16%+) — this was reformed in 2019 into a "state fine" of up to $6,000 depending on offense circumstances.
BAC 0.15%+ enhancement
First-offense DWI with BAC 0.15% or higher is Class A misdemeanor: up to 1 year jail, up to $4,000 fine. This is a significant escalation — Texas is one of a small number of states where a single elevated-BAC reading turns first-offense DWI into a Class A.
Repeat offenses
Second offense — Class A misdemeanor
Under Tex. Penal Code § 49.09(a):
- 30 days to 1 year jail (mandatory minimum 30 days).
- Up to $4,000 fine.
- 180 days to 2 years license suspension.
- Ignition interlock device (IID) typically required as condition of bond and probation.
Third or subsequent offense — Third-degree felony
Under Tex. Penal Code § 49.09(b):
- 2 to 10 years prison (Texas Department of Criminal Justice).
- Up to $10,000 fine.
- 180 days to 2 years license suspension.
- IID required.
- Felony record has substantial collateral consequences (voting rights, firearm rights, employment).
Felony DWI offenses
Texas has several ways DWI escalates to felony:
- DWI 3rd or subsequent — third-degree felony (2–10 years).
- DWI with child passenger under 15 (
Tex. Penal Code § 49.045) — state jail felony (180 days to 2 years state jail, up to $10,000 fine) even on first offense. - Intoxication Assault — third-degree felony (see below).
- Intoxication Manslaughter — second-degree felony (see below).
- Boating and flying while intoxicated — separate offenses under Ch. 49, similar penalty structures.
Intoxication Assault + Intoxication Manslaughter
Intoxication Assault
Under Tex. Penal Code § 49.07, a person commits Intoxication Assault by operating a motor vehicle while intoxicated and by reason of that intoxication causing serious bodily injury to another. It's a third-degree felony: 2 to 10 years prison, up to $10,000 fine. If the victim suffers a "traumatic brain injury that results in a persistent vegetative state," it's enhanced to second-degree felony.
Intoxication Manslaughter
Under Tex. Penal Code § 49.08, causing death by reason of intoxication is Intoxication Manslaughter — a second-degree felony: 2 to 20 years prison, up to $10,000 fine. If the victim is a firefighter or EMS personnel in the performance of duty, it's enhanced to first-degree felony (5 to 99 years or life).
Community supervision cap: For Intoxication Manslaughter, community supervision (probation) cannot exceed 10 years, and any period of community supervision includes a mandatory minimum of 120 days incarceration as a condition (Tex. Code Crim. Proc. Art. 42A.401).
Administrative License Revocation (ALR)
Texas runs a separate administrative process alongside the criminal DWI case. Under the ALR statute (Tex. Transp. Code Ch. 524), the Texas Department of Public Safety (DPS) will automatically suspend your license after a DWI arrest based on either:
- A BAC test showing 0.08% or higher: 90 days first refusal or failure; 1 year for repeat.
- Refusal to submit to a BAC test: 180 days first refusal; 2 years for repeat.
The 15-day hearing deadline
You have 15 days from receipt of the ALR notice to request a hearing. Miss this deadline and the administrative suspension goes into effect automatically. The hearing is your one opportunity to challenge the administrative suspension — it's separate from the criminal case defense.
Critical: The 15-day deadline is absolute. Request the ALR hearing immediately after arrest, before hiring criminal counsel if necessary. The hearing itself may not occur for months, but the request must be timely.
Ignition interlock device (IID)
Texas requires IID installation in several DWI scenarios:
- Condition of bond after first-offense DWI with BAC 0.15%+ or second offense —
Tex. Code Crim. Proc. Art. 17.441. - Condition of probation for any DWI conviction where community supervision is granted (very common).
- Condition of occupational license for many drivers seeking to drive during suspension.
- Mandatory for second and subsequent DWI.
Typical IID costs: $70–$100 installation, $60–$100/month monitoring. Devices must be installed by state-certified vendors.
No lookback period
Unlike most US states (which use 5, 7, or 10-year lookback windows for prior-DWI enhancement), Texas has no lookback period. A prior DWI conviction from any point in your life counts as a prior for enhancement purposes.
This means a 20-year-old first DWI plus a new DWI at age 40 makes the new offense a second DWI (Class A). A 15-year-old first plus a 10-year-old second plus a new DWI is a felony DWI. Priors from other states generally count under Texas enhancement rules if the other state's offense is substantially similar to Texas DWI.
Occupational license
After a Texas DWI license suspension (criminal or ALR), you may be eligible for an Occupational Driver's License (ODL) under Tex. Transp. Code Ch. 521 permitting limited driving for essential purposes: work, school, essential household duties. Maximum 12 hours per day, must specify vehicles, and typically requires SR-22 filing plus IID.
Petition is filed in the court that had jurisdiction over the DWI (or the county court where you reside). Filing fee varies by county.
State agency contact
Texas Department of Public Safety — Driver License Division
Administers ALR proceedings, license suspensions, and Texas driver license issuance
Compared to neighboring states
Related Texas laws
Related comparisons
Related guides
Recent changes
- September 1, 2023Various procedural reforms to ALR hearings and IID compliance monitoring took effect via 2023 legislative session.
- September 1, 2019Driver Responsibility Program surcharges eliminated and replaced by direct 'state traffic fines' for DWI, reforming a widely-criticized 3-year annual surcharge system that had disproportionate effects on lower-income drivers.
- September 1, 2017First-offense DWI became eligible for non-disclosure (sealing) under
Tex. Gov't Code § 411.0731— a limited remedy allowing certain first-offense DWI records to be sealed from public view (still visible to law enforcement). - 2015Enhanced enforcement of DWI with child passenger provisions.
Need advice on your specific Texas situation?
State Law Handbook doesn't provide legal advice. Connect with a licensed Texas attorney for personal counsel.
Sources
Primary sources
- Texas Penal Code Chapter 49 — Intoxication Offenses. Core statutory DWI, Intoxication Assault, and Intoxication Manslaughter provisions. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
- Texas Transportation Code Chapter 524 — Administrative License Revocation. ALR process, deadlines, and hearing procedures. https://statutes.capitol.texas.gov/Docs/TN/htm/TN.524.htm
- Texas Code of Criminal Procedure Art. 17.441 — IID as Bond Condition. IID requirements for DWI defendants pretrial. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm#17.441
- Texas Department of Public Safety — Driver License Division. State agency handling ALR, license suspension, and occupational license. https://www.dps.texas.gov/section/driver-license
- Texas Government Code § 411.0731 — DWI Non-Disclosure. First-offense DWI non-disclosure eligibility (2017 reform). https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.0731