Texas Traffic Laws: Points, Tickets, License Suspension and DUI
Texas driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for Texas
- Point system
- Texas repealed its Driver Responsibility Program (Transportation Code Chapter 708), which had assessed point surcharges, effective September 1, 2019; DPS reinstated licenses suspended only for unpaid surcharges. Tex. Transp. Code § 521.292; DPS, Driver Responsibility Program
- Points for speeding
- No points or surcharges are assessed since the Driver Responsibility Program was repealed in 2019. A speeding conviction is a moving violation that counts toward DPS's habitual-violator suspension (four in 12 months or seven in 24 months). Tex. Transp. Code § 521.292(b); DPS, Driver Responsibility Program
- Legal BAC limit
- 0.08 for drivers generally ('intoxicated' includes an alcohol concentration of 0.08 or more). Drivers under 21 commit an offense with any detectable amount of alcohol. Tex. Penal Code § 49.01; Tex. Alco. Bev. Code § 106.041
- First-offense DUI penalties
- A first DWI is a Class B misdemeanor with a minimum of 72 hours in jail (up to 180 days and a fine up to $2,000). With an open container, the minimum is six days. Tex. Penal Code §§ 49.04, 12.22; Tex. Transp. Code § 521.344(a)
Last verified: 2026-10-27
Tickets and points
| Point system | Texas repealed its Driver Responsibility Program (Transportation Code Chapter 708), which had assessed point surcharges, effective September 1, 2019; DPS reinstated licenses suspended only for unpaid surcharges. DPS still suspends the license of a 'habitual violator': a driver with four or more moving-violation convictions from separate incidents in 12 consecutive months, or seven or more in 24 months. Drivers under 18 can be suspended for two or more moving violations within 12 months. |
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| Points for speeding | No points or surcharges are assessed since the Driver Responsibility Program was repealed in 2019. A speeding conviction is a moving violation that counts toward DPS's habitual-violator suspension (four in 12 months or seven in 24 months). |
| Traffic school | A driver charged with an eligible traffic misdemeanor can have the charge dismissed by completing a TDLR-approved driving safety course. To qualify, the driver must have a Texas license or permit (or be active-duty military or a military spouse or dependent), must not have completed a course in the 12 months before the offense, must show proof of financial responsibility, and must, on or before the answer date on the notice to appear, plead guilty or no contest and request the course. The court defers judgment and allows 90 days to complete the course. Not eligible: speeding 95 mph or more or 25 mph or more over the limit, serious traffic violations, and certain other offenses. |
| Paying or fighting a ticket | Fine-only traffic tickets are handled in justice or municipal courts. The defendant may plead guilty, not guilty, or no contest, orally or in writing as the court directs, and the notice to appear lists the answer date by which the driver must respond (including any request to take a driving safety course). Payment methods and local deadlines vary by court; check the court named on the citation. |
| Paying or looking up a ticket online | Traffic tickets (Class C misdemeanors) are handled by local justice and municipal courts, and payment, plea options and fine information come from the court assigned to the ticket. For a citation from the Texas Highway Patrol, the DPS "THP Citation Search" finds the court's contact information for citations issued within the last 24 months (search by driver license or ID number, date of birth and name, matching your license). For citations from other agencies, contact the issuing agency. Court jurisdiction: https://www.txcourts.gov/about-texas-courts/trial-courts/ |
License suspension
| License suspension | DPS suspends licenses for reasons including driving while suspended or without a license after denial, being a habitually reckless or negligent driver, being a habitual violator (4 moving violations in 12 months or 7 in 24), causing a crash with serious injury or damage, out-of-state offenses, and, for drivers under 18, two or more moving violations in 12 months. DWI convictions and failing or refusing a breath or blood test also lead to suspensions. Surcharge-only suspensions ended with the 2019 repeal of the Driver Responsibility Program, but other suspensions, fines, and fees still apply. |
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| Hardship or restricted license | A person whose license is suspended (other than for a physical or mental disability or a finding that they cannot drive safely), including after a DWI conviction or an administrative suspension, may apply for an occupational driver's license. The court order sets permitted hours, days, reasons, and routes, bars driving commercial vehicles, and may require an ignition interlock, alcohol testing, or counseling. |
| Checking and reinstating a license | If your Texas license or driving privilege is suspended, revoked, cancelled or denied, check the DPS License Eligibility page to see what you must submit for reinstatement. Pay any reinstatement fee online there (about 24-48 hours to process), or mail payment with your documents to DPS Central Cash Receiving, P.O. Box 15999, Austin, TX 78761-5999. Send remaining compliance documents by mail (Enforcement and Compliance Service, P.O. Box 4087, Austin, TX 78773-0320), fax (512-424-2848) or email (driver.improvement@dps.texas.gov, PDF only), with your full name, date of birth and license number on each document; allow 21 business days. License eligibility lookup: https://txapps.texas.gov/txapp/txdps/dleligibility/login.do |
DUI / DWI
| Legal BAC limit | 0.08 for drivers generally ('intoxicated' includes an alcohol concentration of 0.08 or more). Drivers under 21 commit an offense with any detectable amount of alcohol. The commercial driver limit was not confirmed. |
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| First-offense DUI penalties | A first DWI is a Class B misdemeanor with a minimum of 72 hours in jail (up to 180 days and a fine up to $2,000). With an open container, the minimum is six days. With an alcohol concentration of 0.15 or more, it is a Class A misdemeanor. In a school crossing zone while the reduced speed limit applies, it is a state jail felony (effective Sept. 1, 2025). A court-ordered license suspension for a first DWI conviction is 90 days to one year. |
| When a DUI is a felony | In Texas, DWI is a third-degree felony if the person has two prior convictions for an intoxication-related offense (operating a motor vehicle, aircraft, watercraft or amusement ride while intoxicated), or one prior conviction for intoxication manslaughter. Driving while intoxicated with a passenger younger than 15 is a state jail felony, even on a first offense. Intoxication assault (causing serious bodily injury) is a third-degree felony, and intoxication manslaughter (causing death) is a second-degree felony. Both can be raised to higher felony grades in certain cases, such as when the victim is a peace officer, firefighter or EMS worker, or when more than one person is killed. Section 49.09 has no time limit on prior convictions (the subsections that once had one were repealed in 2005). Deferred adjudication for DWI counts as a conviction for enhancement under 49.09(g). |
| Refusing a breath test | Refusing a breath or blood test brings a 180-day license suspension (two years if the driver had an alcohol- or drug-related enforcement contact in the previous 10 years). Failing the test brings a 90-day administrative suspension for an adult (one year with a prior contact in 10 years). The officer issues a DIC-25 notice; the driver may request a hearing within 15 days of receiving it. Minors face 60-180 day suspensions for any detectable alcohol and 180 days or more for refusal. |
| DUI lookback period | For criminal penalties, Texas Penal Code § 49.09 raises a DWI to a Class A misdemeanor (minimum 30 days) with one prior intoxication-related driving conviction and to a third-degree felony with two priors; the section as read sets no time limit on how old a prior conviction may be. Administrative license suspensions (failing or refusing a test) look back 10 years for prior alcohol- or drug-related enforcement contacts. |
| How long a DUI stays on your record | Texas lets some people convicted of DWI ask the court for an order of nondisclosure, which stops criminal justice agencies from disclosing the conviction to the public. This applies to a DWI conviction other than one with a BAC of 0.15 or more under 49.04(d), for a person who has no other prior conviction or deferred adjudication except fine-only traffic offenses. The person may petition 3 years after completing the sentence if they used an ignition interlock for at least 6 months as a condition of the sentence, or 5 years after otherwise. The court may not grant it if the offense caused a collision involving another person. Nondisclosure is not expungement. Source: Texas Government Code 411.0736 |
| Sobriety checkpoints | Not used in Texas. In Holt v. State (1994), the Texas Court of Criminal Appeals ruled that checkpoints would be unconstitutional without authorization from the Texas Legislature, and legislative attempts to authorize sobriety checkpoints have failed (per a 2006 Texas Transportation Commission minute order). A 2014 NHTSA technical assessment prepared for Texas reported that sobriety checkpoints are not used anywhere in the state. 2014 assessment: https://egrants.bts.txdot.gov/eGrantsHelp/Reports/TexasMotorcycleSafetyAssessment.pdf |
Phones and distracted driving
| Phone and texting laws | Drivers may not use a portable wireless device to read, write, or send an electronic message while driving unless the vehicle is stopped. Defenses include hands-free use, GPS navigation, reporting illegal activity or emergencies, reading a message believed to concern an emergency, and playing music. A first offense is a fine of $25 to $99; a repeat offense is $100 to $200; causing death or serious bodily injury is a Class A misdemeanor (up to $4,000 and one year in jail). Other restrictions (for example, school zones and drivers under 18) are in Tex. Transp. Source: Tex. Transp. Code § 545.4251 |
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Where to get help in Texas
Traffic Tickets & DUI FAQ
How does the driver point system work in Texas?
Texas repealed its Driver Responsibility Program (Transportation Code Chapter 708), which had assessed point surcharges, effective September 1, 2019; DPS reinstated licenses suspended only for unpaid surcharges. DPS still suspends the license of a 'habitual violator': a driver with four or more moving-violation convictions from separate incidents in 12 consecutive months, or seven or more in 24 months. Drivers under 18 can be suspended for two or more moving violations within 12 months.
How many points is a speeding ticket in Texas?
No points or surcharges are assessed since the Driver Responsibility Program was repealed in 2019. A speeding conviction is a moving violation that counts toward DPS's habitual-violator suspension (four in 12 months or seven in 24 months).
Can traffic school remove a ticket or points in Texas?
A driver charged with an eligible traffic misdemeanor can have the charge dismissed by completing a TDLR-approved driving safety course. To qualify, the driver must have a Texas license or permit (or be active-duty military or a military spouse or dependent), must not have completed a course in the 12 months before the offense, must show proof of financial responsibility, and must, on or before the answer date on the notice to appear, plead guilty or no contest and request the course. The court defers judgment and allows 90 days to complete the course. Not eligible: speeding 95 mph or more or 25 mph or more over the limit, serious traffic violations, and certain other offenses.
How do I pay or look up a traffic ticket online in Texas?
Traffic tickets (Class C misdemeanors) are handled by local justice and municipal courts, and payment, plea options and fine information come from the court assigned to the ticket. For a citation from the Texas Highway Patrol, the DPS "THP Citation Search" finds the court's contact information for citations issued within the last 24 months (search by driver license or ID number, date of birth and name, matching your license). For citations from other agencies, contact the issuing agency.
How do I check if my license is suspended and get it reinstated in Texas?
If your Texas license or driving privilege is suspended, revoked, cancelled or denied, check the DPS License Eligibility page to see what you must submit for reinstatement. Pay any reinstatement fee online there (about 24-48 hours to process), or mail payment with your documents to DPS Central Cash Receiving, P.O. Box 15999, Austin, TX 78761-5999. Send remaining compliance documents by mail (Enforcement and Compliance Service, P.O. Box 4087, Austin, TX 78773-0320), fax (512-424-2848) or email (driver.improvement@dps.texas.gov, PDF only), with your full name, date of birth and license number on each document; allow 21 business days.
How do you pay or contest a traffic ticket in Texas?
Fine-only traffic tickets are handled in justice or municipal courts. The defendant may plead guilty, not guilty, or no contest, orally or in writing as the court directs, and the notice to appear lists the answer date by which the driver must respond (including any request to take a driving safety course).
What gets your license suspended in Texas?
DPS suspends licenses for reasons including driving while suspended or without a license after denial, being a habitually reckless or negligent driver, being a habitual violator (4 moving violations in 12 months or 7 in 24), causing a crash with serious injury or damage, out-of-state offenses, and, for drivers under 18, two or more moving violations in 12 months. DWI convictions and failing or refusing a breath or blood test also lead to suspensions. Surcharge-only suspensions ended with the 2019 repeal of the Driver Responsibility Program, but other suspensions, fines, and fees still apply.
What is the legal blood alcohol limit in Texas?
0.08 for drivers generally ('intoxicated' includes an alcohol concentration of 0.08 or more). Drivers under 21 commit an offense with any detectable amount of alcohol.
What is the penalty for a first DUI in Texas?
A first DWI is a Class B misdemeanor with a minimum of 72 hours in jail (up to 180 days and a fine up to $2,000). With an open container, the minimum is six days. With an alcohol concentration of 0.15 or more, it is a Class A misdemeanor. In a school crossing zone while the reduced speed limit applies, it is a state jail felony (effective Sept. 1, 2025). A court-ordered license suspension for a first DWI conviction is 90 days to one year.
What happens if you refuse a breathalyzer in Texas?
Refusing a breath or blood test brings a 180-day license suspension (two years if the driver had an alcohol- or drug-related enforcement contact in the previous 10 years). Failing the test brings a 90-day administrative suspension for an adult (one year with a prior contact in 10 years). The officer issues a DIC-25 notice; the driver may request a hearing within 15 days of receiving it. Minors face 60-180 day suspensions for any detectable alcohol and 180 days or more for refusal.
How long does a DUI count as a prior offense in Texas?
For criminal penalties, Texas Penal Code § 49.09 raises a DWI to a Class A misdemeanor (minimum 30 days) with one prior intoxication-related driving conviction and to a third-degree felony with two priors; the section as read sets no time limit on how old a prior conviction may be. Administrative license suspensions (failing or refusing a test) look back 10 years for prior alcohol- or drug-related enforcement contacts.
Can you get a hardship license in Texas?
A person whose license is suspended (other than for a physical or mental disability or a finding that they cannot drive safely), including after a DWI conviction or an administrative suspension, may apply for an occupational driver's license. The court order sets permitted hours, days, reasons, and routes, bars driving commercial vehicles, and may require an ignition interlock, alcohol testing, or counseling.
Is it illegal to hold your phone while driving in Texas?
Drivers may not use a portable wireless device to read, write, or send an electronic message while driving unless the vehicle is stopped. Defenses include hands-free use, GPS navigation, reporting illegal activity or emergencies, reading a message believed to concern an emergency, and playing music. A first offense is a fine of $25 to $99; a repeat offense is $100 to $200; causing death or serious bodily injury is a Class A misdemeanor (up to $4,000 and one year in jail).
Is a DUI a felony in Texas?
In Texas, DWI is a third-degree felony if the person has two prior convictions for an intoxication-related offense (operating a motor vehicle, aircraft, watercraft or amusement ride while intoxicated), or one prior conviction for intoxication manslaughter. Driving while intoxicated with a passenger younger than 15 is a state jail felony, even on a first offense. Intoxication assault (causing serious bodily injury) is a third-degree felony, and intoxication manslaughter (causing death) is a second-degree felony. Both can be raised to higher felony grades in certain cases, such as when the victim is a peace officer, firefighter or EMS worker, or when more than one person is killed.
How long does a DUI stay on your record in Texas?
Texas lets some people convicted of DWI ask the court for an order of nondisclosure, which stops criminal justice agencies from disclosing the conviction to the public. This applies to a DWI conviction other than one with a BAC of 0.15 or more under 49.04(d), for a person who has no other prior conviction or deferred adjudication except fine-only traffic offenses. The person may petition 3 years after completing the sentence if they used an ignition interlock for at least 6 months as a condition of the sentence, or 5 years after otherwise. The court may not grant it if the offense caused a collision involving another person.
Are DUI checkpoints legal in Texas?
Not used in Texas. In Holt v. State (1994), the Texas Court of Criminal Appeals ruled that checkpoints would be unconstitutional without authorization from the Texas Legislature, and legislative attempts to authorize sobriety checkpoints have failed (per a 2006 Texas Transportation Commission minute order). A 2014 NHTSA technical assessment prepared for Texas reported that sobriety checkpoints are not used anywhere in the state.
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