DUI Laws 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.

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.

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.

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.

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.

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.

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.