Texas DWI Laws: Penalties, BAC Limit & License (2026)

In Texas the offense is called driving while intoxicated (DWI), and under Penal Code 49.04 a person commits it by operating a motor vehicle in a public place while intoxicated, which includes a blood or breath alcohol concentration (BAC) of 0.08 percent or more. A first DWI is a Class B misdemeanor punishable by up to a $2,000 fine, 72 hours to 180 days in jail, and a driver license suspension of up to one year, according to the Texas Department of Transportation.

This guide is part of our DUI Laws by State series.

What counts as a DWI in Texas

Texas charges the offense as driving while intoxicated under Penal Code 49.04. Section 49.01 defines intoxication two ways: not having the normal use of mental or physical faculties because of alcohol or drugs, or having a BAC of 0.08 percent or more. Because the first definition does not require a specific number, a driver can be convicted below 0.08 if the State proves loss of normal faculties. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the zero-tolerance law in Alcoholic Beverage Code 106.041, which makes it an offense for a minor to drive with any detectable amount of alcohol. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes. If a chemical test shows a BAC of 0.15 percent or more, a first DWI is elevated from a Class B to a Class A misdemeanor under Section 49.04.

First-offense DWI penalties in Texas (jail, fines, suspension)

A first DWI is a Class B misdemeanor. According to the Texas Department of Transportation, the penalties include a fine of up to $2,000, up to 180 days in jail (with three mandatory days of confinement), and loss of the driver license for up to one year. Courts frequently grant community supervision (probation) in place of most jail time for a first offense, with conditions that can include a DUI education program, community service, and an ignition interlock device. The Texas Driver Responsibility Program surcharge that once added thousands of dollars in annual fees was repealed in 2019, so first offenders no longer face that surcharge, though reinstatement fees still apply. The 0.15 percent or higher reading raises the offense to a Class A misdemeanor, with a higher fine ceiling and up to one year in jail.

Two first-offense situations are felonies even with no prior conviction and no crash. Under Penal Code 49.04(e), a DWI committed while operating in a school crossing zone during the hours the reduced speed limit applies to the zone is a state jail felony; that subsection was added by Acts 2025, 89th Legislature, Regular Session, Chapter 991 (S.B. 826) and took effect September 1, 2025. Under Penal Code 49.045, a DWI with a passenger younger than 15 years of age in the vehicle is also a state jail felony. A state jail felony is punished by 180 days to two years in a state jail and a fine of up to $10,000 under Penal Code 12.35.

Watch out: The Texas DPS administrative license revocation runs on a separate track from the criminal case. You can have the DWI charge reduced or dismissed and still lose your license through ALR, and you generally must request an ALR hearing within 15 days of the notice of suspension.

Ignition interlock requirements in Texas

Texas does not impose an automatic ignition interlock requirement on every first DWI, which sets it apart from many states that mandate the device for all offenders. The court may order an interlock as a condition of bond or community supervision, and the Texas DPS notes that an offender who needs to keep driving may have to apply for an interlock-restricted license. The device becomes effectively mandatory in several situations: a first offense with a BAC of 0.15 percent or more, a second or subsequent offense, and as a condition of obtaining an occupational (essential need) license while suspended. The interlock requires a breath sample before the engine starts and at random points during a trip, and it logs every reading for the court or supervision officer.

License suspension and the administrative (ALS) process in Texas

Texas runs two suspension systems at once. The administrative license revocation (ALR) is a civil action by the Texas DPS that is, in the agency's words, unrelated to the criminal court case. As the Texas DPS ALR program explains, a driver 21 or older who fails the chemical test (0.08 percent or more) faces a 90-day suspension on a first offense, while a driver who refuses the test faces a 180-day suspension. The arresting officer serves a notice of suspension that also acts as a temporary driving permit, and the suspension takes effect about 40 days later unless the driver requests a hearing within 15 days. A separate court-ordered suspension of up to one year can follow a conviction. Drivers who need to drive for work, school, or essential household duties may petition for an occupational license.

Repeat offenses and the Texas look-back period

Texas treats prior DWIs more harshly than most states because it has no general look-back period for felony enhancement. The 10-year washout that once limited the use of old convictions was repealed in 2005, so under Penal Code 49.09 a prior DWI counts toward enhancement no matter how long ago it happened. A second DWI is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000, and Penal Code 49.09(a) sets a minimum term of confinement of 30 days. A third DWI is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000, as the Texas Department of Transportation sets out. For a plain repeat DWI the felony threshold is therefore the third offense, although a first or second DWI is already a state jail felony in the school crossing zone and child passenger situations described above. Intoxication assault under Section 49.07 (causing serious bodily injury) and intoxication manslaughter under Section 49.08 (causing death) are felonies regardless of offense number.

Watch out: Refusing the breath or blood test does not protect your license. A first refusal triggers a 180-day ALR suspension, twice the 90-day suspension for failing the test, and the refusal can be used against you in the criminal case.

Refusing a breath or blood test in Texas

Texas's implied consent law, in Transportation Code Chapter 724, provides that by driving on a public road you have consented to a breath or blood test if lawfully arrested for DWI. According to the Texas DPS, a first refusal results in a 180-day driver license suspension, and a second refusal within 10 years results in a two-year suspension. Failing the test produces a shorter 90-day suspension on a first offense. Because the refusal suspension is longer, refusing usually makes the license consequences worse, and officers can also seek a warrant to draw blood, particularly in no-refusal enforcement periods and in cases involving an accident with injuries. The driver may contest the ALR suspension at a hearing requested within 15 days of the notice.

Can you expunge or seal a DWI in Texas

A full expunction is generally available in Texas only when a DWI charge ends in an acquittal or dismissal, not a conviction. A conviction cannot be erased, but certain first DWI convictions can be sealed through an order of nondisclosure under Government Code Sections 411.0731 and 411.0736, which keep the record from most public view while still allowing law enforcement and some agencies to see it. Eligibility is narrow: the person generally must have no other convictions beyond fine-only traffic offenses, and both pathways apply only to an offense under Penal Code 49.04 other than one punishable under Subsection (d) of that section, so a BAC of 0.15 percent or more rules out sealing whether or not the person was placed on community supervision. Waiting periods of two to five years apply, measured from completion of the community supervision or sentence and shortened if an interlock was used for at least six months. A sealed DWI still counts as a prior for enhancement purposes. People with DWIs involving an accident or injury are typically ineligible for nondisclosure.

What to do after a DWI arrest in Texas

A Texas DWI creates two separate matters: a criminal case in court and an administrative license case at the DPS. The deadlines are short, so a common first step is to request an ALR hearing within 15 days of the notice of suspension, because missing that window generally means the suspension takes effect automatically. The criminal case moves on its own schedule from arraignment through pretrial and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. With two cases running at once, have a Texas DWI lawyer look at the 15-day ALR deadline and the charge in a free consultation (attorney advertising). Keep the arrest paperwork, the notice of suspension, and any test results in a safe place.

More Texas Laws

• Texas Expungement Laws
• Texas Warrant Search

Frequently Asked Questions

What is the BAC limit in Texas?

The per se limit is 0.08 percent BAC under Penal Code 49.01 and 49.04. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule under Alcoholic Beverage Code 106.041 that bars any detectable amount of alcohol.

How long do you lose your license for a first DWI in Texas?

A first DWI conviction can mean a suspension of up to one year. Separately, the DPS administrative license revocation suspends the license for 90 days if you failed the test or 180 days if you refused it, even before any conviction.

Is a first DWI a felony in Texas?

Usually not, but it can be. A first DWI is normally a Class B misdemeanor, or a Class A misdemeanor if the BAC was 0.15 percent or higher. With no prior conviction it is a state jail felony if the driver was operating in a school crossing zone during the reduced speed limit hours under Penal Code 49.04(e), or had a passenger younger than 15 under Penal Code 49.045. DWI also becomes a third-degree felony on the third offense, or sooner if it causes serious injury or death.

Do you need an interlock for a first DWI in Texas?

Not always. The court may order an ignition interlock as a condition of bond or probation, and it is effectively required for a first offense with a BAC of 0.15 percent or more, for repeat offenders, and to obtain an occupational license while suspended.

What happens if you refuse a breathalyzer in Texas?

Under implied consent, refusing the test triggers a 180-day administrative license suspension on a first arrest, twice the 90-day suspension for failing the test. Officers can also obtain a warrant for a blood draw, and the refusal can be used as evidence.

How long does a DWI stay on your record in Texas?

A DWI conviction stays on your criminal record permanently unless it is sealed through an order of nondisclosure. For felony enhancement, Texas has no look-back period, so a prior DWI counts no matter how many years have passed.

Can you get a DWI expunged in Texas?

A full expunction is generally available only if the DWI was dismissed or you were acquitted. A first DWI conviction cannot be expunged, but it may be sealed through an order of nondisclosure under Government Code 411.0731 or 411.0736 if you meet the eligibility rules.

What is the look-back period for DWI in Texas?

Texas has no general look-back period for felony DWI enhancement. The former 10-year washout was repealed in 2005, so under Penal Code 49.09 prior DWI convictions count toward a felony regardless of how long ago they occurred.