Texas DWI Laws and Statutes

Complete reference guide to Texas driving while intoxicated laws, penalties, and legal procedures.

Legal Definition of DWI in Texas

Texas Penal Code Section 49.04

A person commits driving while intoxicated if the person is intoxicated while operating a motor vehicle in a public place.

Definition of "Intoxicated" (Penal Code 49.01):
  1. 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; OR
  2. Having an alcohol concentration of 0.08 or more.
Note: You can be charged with DWI even if your BAC is below 0.08 if the officer believes your mental or physical faculties are impaired.

DWI Penalty Structure

Offense Classification Jail Time Fine License Suspension
First DWI Class B Misdemeanor 3 days - 180 days Up to $2,000 90 days - 1 year
First DWI (BAC 0.15+) Class A Misdemeanor 6 days - 1 year Up to $4,000 90 days - 1 year
Second DWI Class A Misdemeanor 30 days - 1 year Up to $4,000 180 days - 2 years
Third DWI Third Degree Felony 2 - 10 years Up to $10,000 180 days - 2 years
DWI with Child Passenger State Jail Felony 180 days - 2 years Up to $10,000 180 days - 2 years
Intoxication Assault Third Degree Felony 2 - 10 years Up to $10,000 180 days - 2 years
Intoxication Manslaughter Second Degree Felony 2 - 20 years Up to $10,000 180 days - 2 years

Blood Alcohol Concentration Limits

0.08%

Standard Adult Limit

Drivers 21 and older operating non-commercial vehicles

0.04%

Commercial Drivers

CDL holders operating any vehicle (commercial or personal)

0.00%

Under 21

Zero tolerance - any detectable amount

Administrative License Revocation (ALR)

Transportation Code Chapter 524

ALR is the automatic suspension of your driver's license following a DWI arrest, separate from criminal proceedings.

Suspension Triggers:
  • BAC of 0.08 or higher
  • Refusal to provide breath or blood sample
  • Minor with any detectable alcohol
Key Deadlines:
  • 15 days: Request ALR hearing
  • 40 days: Suspension begins (if no hearing requested)
  • 41st day: Eligible for occupational license

Enhanced Penalties and Aggravating Factors

High BAC (0.15+)
  • Elevated from Class B to Class A misdemeanor
  • Minimum 6 days in jail
  • Fine up to $4,000
  • Required ignition interlock device
Child Passenger (Under 15)
  • Automatic felony charge
  • State jail felony (180 days - 2 years)
  • Fine up to $10,000
  • Child endangerment charges possible
Accident with Serious Injury
  • Intoxication assault charges
  • Third degree felony
  • 2-10 years in prison
  • Civil liability for damages
Accident with Death
  • Intoxication manslaughter charges
  • Second degree felony
  • 2-20 years in prison
  • Potential life sentence for repeat offenders

Texas Implied Consent Law

Transportation Code Section 724.011

By driving on Texas roads, you automatically consent to chemical testing if arrested for DWI.

What You Consent To:
  • Blood or breath testing if arrested for DWI
  • Testing by qualified technician
  • Use of approved testing equipment
  • Testing within reasonable time of arrest
Consequences of Refusal:
  • Automatic license suspension
  • Possible search warrant for blood
  • Refusal used as evidence of guilt
  • Enhanced penalties if convicted

Common Legal Defenses

Procedural Defenses
  • Lack of reasonable suspicion for stop
  • Lack of probable cause for arrest
  • Miranda rights violations
  • Improper field sobriety tests
Scientific Defenses
  • Breath test machine malfunction
  • Blood test contamination
  • Rising blood alcohol defense
  • Medical conditions affecting tests
Constitutional Defenses
  • Illegal search and seizure
  • Due process violations
  • Right to counsel violations
  • Speedy trial violations

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