Texas law technically uses the term Driving While Intoxicated (DWI) rather than DUI for adult drivers. DUI in Texas applies specifically to minors (under 21) found driving with any detectable amount of alcohol in their system — even if they are not legally "intoxicated." For adults, DWI is the charge when a driver has a blood alcohol concentration (BAC) of 0.08% or higher, or when their mental or physical faculties are impaired by alcohol or drugs.
Both charges carry real consequences, but adult DWI penalties escalate significantly with each offense. For a deeper look at how Texas structures these charges, see our guide on DUI Laws and Penalties.
Texas takes a tiered approach to DWI sentencing. Penalties grow harsher with each subsequent conviction:
| Offense | Classification | Jail Time | Fine (Up To) | License Suspension |
|---|---|---|---|---|
| 1st DWI | Class B Misdemeanor | 72 hrs – 180 days | $2,000 | 90 days – 1 year |
| 1st DWI (BAC ≥ 0.15) | Class A Misdemeanor | Up to 1 year | $4,000 | 90 days – 1 year |
| 2nd DWI | Class A Misdemeanor | 30 days – 1 year | $4,000 | 180 days – 2 years |
| 3rd DWI | 3rd Degree Felony | 2 – 10 years (prison) | $10,000 | 180 days – 2 years |
| DWI w/ Child Passenger | State Jail Felony | 180 days – 2 years | $10,000 | 180 days – 2 years |
Source: Texas Penal Code § 49.04–49.09
Texas imposes a Driver Responsibility Program surcharge on top of court fines — $1,000/year for three years on a first conviction, rising to $1,500/year for a second. Additional costs include:
Even for a first-time DWI in Texas, a judge can sentence you to up to 180 days in county jail. Many first-time offenders avoid active jail through community supervision (probation) — typically 12–24 months — requiring regular check-ins, alcohol monitoring, community service, and an education program. Violate any term and you may serve the original sentence behind bars. A third DWI triggers 2–10 years in state prison as a third-degree felony.
Texas operates two parallel suspension systems — both can apply independently after a DWI arrest:
1. Administrative License Revocation (ALR): Automatically triggered if you fail or refuse a BAC test. The Texas DPS suspends your license within 40 days unless you request a hearing within 15 days of arrest.
2. Court-Ordered Suspension: Imposed by the criminal court upon conviction — typically 90 days to 1 year for a first offense, and up to 2 years for subsequent ones.
During suspension, you may qualify for an Occupational Driver's License (ODL) allowing limited driving for work, school, or medical needs.
Certain circumstances automatically elevate the severity of DWI charges in Texas:
A DWI conviction in Texas is permanent and cannot be expunged. Background checks for employment, housing, and professional licensing will reveal it indefinitely — making early aggressive defense critical.
A felony DWI in Texas can disqualify you from jobs in healthcare, education, law enforcement, transportation, and government. Nursing, law, and financial licenses may be suspended or denied. Even a misdemeanor conviction can raise serious red flags with employers.
After a DWI, insurers classify you as a high-risk driver. Premiums can double or triple for three to five years. Some insurers may cancel your policy entirely, pushing you into a high-risk pool at even higher rates.
For non-citizens, a DWI conviction can trigger visa denial, green card complications, or deportation proceedings — especially when the offense rises to felony level.
At every stage, an experienced criminal defense attorney can significantly change the outcome of your case.
Texas applies a zero-tolerance policy for underage drinking and driving. A minor (under 21) can be charged with DUI if any detectable amount of alcohol is present in their system — even well below 0.08%.
A first underage DUI in Texas is a Class C Misdemeanor, punishable by:
Subsequent offenses escalate quickly. Texas law treats underage DUI seriously, even for a first incident.
Yes — but it takes aggressive, experienced legal representation. A skilled DWI defense attorney may pursue:
Always consult a qualified criminal defense lawyer in Dallas or your local area before making any decisions about your case.
Facing a DWI without legal counsel is a serious gamble. The right attorney can mean the difference between a permanent conviction and a charge that is reduced or dismissed. Browse verified Texas attorneys at FindTheLawyers — Texas Lawyers, or explore our full directory of criminal defense attorneys nationwide.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Texas attorney for advice specific to your situation.
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