A Complete Guide to Texas DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Texas DUI Laws: From First Offense to Felony Charges

Introduction

Texas takes "Driving While Intoxicated" (DWI) very seriously, with some of the most comprehensive and stringent laws in the nation. Unlike many states that use "DUI," Texas specifically refers to it as DWI. Penalties are severe and escalate significantly with repeat offenses, higher Blood Alcohol Concentration (BAC) levels, and other aggravating factors like having a child passenger. Both criminal penalties from the courts and administrative sanctions from the Texas Department of Public Safety (DPS) are imposed.

The General Framework of Texas DWI Laws

In Texas, a person commits a DWI offense if they are intoxicated while operating a motor vehicle in a public place. "Intoxicated" is defined as:

"Per Se" DWI: Having a BAC of $0.08%$ or more. Proof of actual impairment is not required for this definition.
Loss of Faculties: Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body. This applies even if BAC is below $0.08%$ if impairment is evident.

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Key Definitions:

Operating a Motor Vehicle: This can include being in "actual physical control" of a vehicle, even if it's not moving (e.g., asleep in the driver's seat with keys in the ignition).
Public Place: Includes public roads, streets, highways, parking lots, and other areas generally accessible to the public.

Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more while operating a commercial vehicle.
Drivers Under 21 (Zero Tolerance Law): Any detectable amount of alcohol ( $0.00%$ BAC is the standard, though practically, any measurable amount can lead to charges). This is often referred to as a "DUI minor" charge, distinct from an adult DWI.

Implied Consent Law and Administrative License Revocation (ALR)

Texas has an implied consent law. By operating a motor vehicle on public roads, you automatically consent to a chemical test (breath or blood) if lawfully arrested for DWI.

Refusal to Test: Refusing to submit to a chemical test (breath or blood) after a lawful DWI arrest triggers an automatic administrative license suspension by the Texas DPS, separate from any criminal proceedings. The fact of your refusal can also be used as evidence against you in court.

First refusal: 180-day license suspension.
Subsequent refusals (within 10 years of a prior DWI conviction, a prior ALR suspension for refusal, or a prior conviction for intoxication assault/manslaughter): 2-year license suspension.

You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to contest this suspension. If you don't request a hearing or if the suspension is upheld, your license will be suspended. During this administrative suspension, you may be eligible for an Occupational Driver's License (also known as a "hardship license") which allows limited driving for work, school, and essential household duties, often requiring an Ignition Interlock Device (IID).

"No Refusal" Weekends: During holidays and busy periods, many Texas counties implement "No Refusal" weekends. During these times, law enforcement agencies have judges on call to quickly issue search warrants for blood draws if a suspected DWI driver refuses a breath test. This means that even if you refuse, officers can legally obtain a blood sample, making it very difficult to avoid chemical testing.

Texas DWI Statistics

Impaired driving remains a significant and tragic problem in Texas. The state consistently ranks high in alcohol-related crashes and fatalities.

In 2023, there were over 26,000 alcohol-related crashes in Texas, resulting in 1,138 fatalities and thousands of injuries.
Texas consistently ranks among the states with the highest number of DWI arrests. Approximately 340 DWI arrests are made per 100,000 licensed drivers annually.
Alcohol-related crashes disproportionately contribute to fatalities. While they account for a smaller percentage of overall crashes, they make up a substantial percentage of all traffic deaths.
Most alcohol-related crashes occur at night and on weekends.

Penalties for DWI in Texas

Texas uses a 10-year "look-back" period for enhancing DWI penalties. This means any prior DWI conviction within the last 10 years will count towards classifying a subsequent offense. DWI convictions are permanent criminal offenses in Texas and cannot be expunged.

Mandatory DWI Education Program: For most DWI convictions, the court will require completion of a state-approved DWI Education Program.

First-time offenders: Typically a 12-hour DWI Education Class.
Repeat offenders: Often a 32-hour DWI Intervention Class.
Drug-related offenses: May require a 15-hour Drug Offender Education Program (DOEP).
Victim Impact Panel (VIP): Often required for all offenders to hear personal testimonies from victims of impaired driving.

Fines and Surcharges: In addition to court-imposed fines, Texas also imposes annual surcharges for retaining a driver's license after a DWI conviction. These can be substantial:

$1,000 per year for 3 years for a first offense.
$1,500 per year for 3 years for a second or subsequent offense.
$2,000 per year for 3 years if BAC was $0.15%$ or higher.

First Offense DWI (Class B Misdemeanor)

Jail Time: Minimum 72 hours (3 days), up to 180 days.
- If an open container of alcohol was present, minimum 6 days jail.
Fines: Up to $2,000.
License Suspension: 90 days to 1 year.
- Eligibility for Occupational Driver's License, often with IID.
DWI Education Program: Mandatory.
IID: May be required by the court, especially if BAC was $0.15%$ or higher, or as a condition for an Occupational License.
Probation: Often granted, with conditions like community service, substance abuse evaluation, and random drug/alcohol testing.

Enhanced First Offense (BAC $0.15%$ or higher - Class A Misdemeanor):

Jail Time: Up to 1 year.
Fines: Up to $4,000.
Other penalties as above, with IID more likely.

Second Offense DWI (within 10 years - Class A Misdemeanor)

Jail Time: Minimum 30 days, up to 1 year.
Fines: Up to $4,000.
License Suspension: 180 days to 2 years.
- Eligibility for Occupational Driver's License, almost always with mandatory IID.
DWI Intervention Program: Mandatory.
IID: Mandatory installation for a period determined by the court.
Vehicle Forfeiture: Possible in certain cases.

Third Offense DWI (Felony of the Third Degree)

Prison Time: 2 to 10 years in state prison.
Fines: Up to $10,000.
License Suspension: 180 days to 2 years.
- Eligibility for Occupational Driver's License with mandatory IID, but potentially after a longer waiting period.
IID: Mandatory installation for a period determined by the court.
Vehicle Forfeiture: Possible.
Felony Criminal Record: Permanent, leading to loss of civil rights (e.g., voting, firearm ownership).

Other Significant Penalties:

DWI with Child Passenger (Under 15 years old - State Jail Felony):
- State Jail Time: 180 days to 2 years in a state jail facility.
- Fines: Up to $10,000.
- License Suspension: 90 days to 2 years.
- IID: Mandatory.
- Can also trigger a Child Protective Services (CPS) investigation for child endangerment, potentially leading to loss of child custody.
Intoxication Assault (Causing Serious Bodily Injury - Felony of the Third Degree):
- Prison Time: 2 to 10 years in state prison.
- Fines: Up to $10,000.
- License Suspension: 180 days to 2 years (can be longer).
Intoxication Manslaughter (Causing Death - Felony of the Second Degree):
- Prison Time: 2 to 20 years in state prison.
- Fines: Up to $10,000.
- License Suspension: 180 days to 2 years (can be longer).
Underage DUI (Minor with any detectable alcohol):
- First offense: Class C Misdemeanor, fines up to $500, 20-40 hours community service, 60-day license suspension (or longer), mandatory alcohol awareness course.
- If an underage driver has a BAC of $0.08%$ or higher, they can be charged with an adult DWI in addition to underage penalties.
Driving While License Invalid (DWLI) or Suspended (DWLS) for DWI: A separate criminal offense with its own penalties, including potential jail time and further license suspension.
Ignition Interlock Device (IID): Frequently mandated, costs are borne by the offender.
Collateral Consequences: Beyond legal penalties, DWI convictions lead to significantly increased auto insurance premiums (requiring SR-22 filing), difficulty with employment (especially for commercial drivers), professional license issues, and restrictions on international travel (e.g., entry into Canada).

Conclusion

Texas has extremely tough DWI laws, characterized by escalating penalties, substantial fines and surcharges, mandatory education programs, and aggressive enforcement tactics like "No Refusal" weekends. The state's permanent record for DWI convictions and the severe consequences for aggravating factors (like high BAC or child passengers) underscore its firm commitment to curbing impaired driving. Navigating a DWI charge in Texas is complex and requires a thorough understanding of these laws. Anyone facing a DWI charge in the Lone Star State should immediately seek consultation with an experienced Texas DWI defense attorney to protect their rights and future.

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