Texas DWI Laws: What Every Driver Needs to Know
Driving while intoxicated is one of the most serious traffic offenses in Texas. The consequences go far beyond a fine — they can include jail time, license suspension, and thousands of dollars in costs.
Here's what every Texas driver needs to know.
Quick Summary
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Legal limit: 0.08% BAC for adults 21+
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Zero tolerance: 0.00% for drivers under 21
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First DWI: Up to 180 days in jail, $2,000 fine, license suspension up to 1 year
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Felony DWI: Repeat offenses or accidents causing serious injury
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Ignition interlock: Required after certain DWI convictions
- DWI stays on your record: It affects insurance, employment, and more
The Legal Limit
In Texas, you are legally intoxicated if your blood alcohol concentration (BAC) is 0.08% or higher.
Zero tolerance for minors: If you are under 21, any detectable amount of alcohol (0.00% or higher) can result in a DWI charge. Texas has a zero-tolerance policy for underage drinking and driving.
Commercial drivers: If you hold a CDL, the legal limit is 0.04% — half the adult limit.
First DWI Penalties
A first DWI is a Class B misdemeanor. Penalties include:
- Up to 180 days in jail
- Fine up to $2,000
- License suspension for up to 1 year
- Annual fee of $1,000 or $2,000 for three years to retain your license (if eligible)
- DWI education program
Repeat Offenses
Penalties increase with each conviction.
Second DWI (Class A misdemeanor):
- Up to 1 year in jail
- Fine up to $4,000
- License suspension up to 2 years
- Ignition interlock device required
Third DWI (third-degree felony):
- 2 to 10 years in prison
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Fine up to $10,000
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License suspension up to 2 years
- Ignition interlock device required
DWI with Injury or Death
If you cause an accident while intoxicated and someone is seriously injured, you can be charged with intoxication assault — a third-degree felony punishable by up to 10 years in prison and a $10,000 fine.
If someone dies, you can be charged with intoxication manslaughter — a second-degree felony punishable by up to 20 years in prison.
Ignition Interlock
An ignition interlock device is a breathalyzer connected to your car's ignition. You must blow into it before the car will start. If alcohol is detected, the car won't start.
When it's required:
- Second DWI conviction
- First DWI with a BAC of 0.15% or higher
- Certain other circumstances
How DWI Affects Your Insurance
A DWI conviction will significantly increase your auto insurance premiums. In Texas, drivers with a DWI often see their rates double or triple. Some insurers may refuse to cover you entirely.
You may need to file an SR-22 — a certificate of financial responsibility — which your insurer files with the state. This proves you carry the minimum required coverage. It stays on your record for two years.
What to Do If You're Stopped
If you're stopped on suspicion of DWI:
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Pull over safely. Turn off the engine and keep your hands on the wheel.
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Be polite. You don't have to answer questions beyond identifying yourself, but being combative never helps.
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You can refuse field sobriety tests. These are optional in Texas.
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You can refuse a breath test. But refusal can result in an automatic license suspension.
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You have the right to remain silent. Anything you say can be used against you.
You have the right to an attorney. Ask for one if you're arrested.
How to Avoid a DWI
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Don't drink and drive. Even one drink can affect your judgment.
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Plan ahead. Designate a driver, use rideshare, or stay overnight.
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Don't assume coffee or a cold shower will sober you up. Only time works.
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Watch for medications. Prescription and over-the-counter drugs can impair driving too.
- Be careful the morning after. You can still be intoxicated hours after your last drink.
The Bottom Line
A DWI in Texas is expensive, dangerous, and entirely preventable. The consequences last for years. If you drink, don't drive. It's that simple.
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