New Texas DWI Laws — Complete 2026 Update
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
2019 reforms — the biggest shift
The 2019 Texas legislative session produced the most substantial DWI law changes in decades:
HB 3582 — Deferred adjudication for DWI. Before 2019, DWI was excluded from deferred adjudication eligibility — meaning every DWI conviction was permanent. HB 3582 changed this for first-DWI cases:
- First-time DWI defendants can now plead to deferred adjudication
- Successful completion = no conviction enters; case is dismissed
- Nondisclosure available 2 years after discharge (under-0.15 BAC) or 5 years (0.15+)
- Eligibility excludes cases with intoxication assault, intoxication manslaughter, or DWI with child passenger
HB 2048 — Driver Responsibility Program repeal. Texas had imposed substantial annual surcharges on DWI defendants ($1,000-$2,000/year for 3 years). These were widely criticized as disproportionately impacting low-income drivers and resulting in long-term license suspensions when surcharges went unpaid. HB 2048 repealed the entire program, replacing it with a one-time DPS reinstatement fee.
SB 1418 — Ignition interlock expansion. Expanded ignition interlock device requirements, particularly for Class A misdemeanor DWI (BAC 0.15+) and repeat offenders. Now standard requirement for any driving privileges during DWI case pendency.
2021 session updates
The 2021 session continued refinement:
HB 1024 — DWI court program expansion. Authorized expanded DWI court programs in additional Texas counties, providing structured treatment alternative to traditional prosecution.
SB 781 — Implied consent procedures. Updated procedural requirements for chemical testing, including specific warnings officers must provide.
HB 558 — Underage DWI. Enhanced penalties for DWI by drivers under 21, including extended ignition interlock requirements.
2023 session updates
The 88th Texas Legislature in 2023 made several important changes:
HB 6 — provisions. Created enhancements for DWI cases involving as the impairing substance. Expanded the framework for drugged driving prosecution. Added the Penalty Group 1-B classification for in possession cases.
HB 2502 — Implied consent updates. Updated procedural requirements for chemical testing including specific timeline rules and warrant procedures for blood draws.
SB 224 — Catalytic converter and DWI. Added catalytic converter theft enhancements; not directly DWI-related but affects general criminal procedure.
HB 644 — Recidivist enhancements. Refined penalty enhancements for repeat DWI offenders with specific aggravating circumstances.
How the changes affect current DWI cases
For Texas DWI cases filed in 2026, the most consequential changes are:
1. Deferred adjudication availability. First-time DWI defendants can negotiate deferred adjudication outcomes that didn't exist before 2019. This has substantially changed plea negotiations, with most first-DWI cases now structured around deferred adjudication eligibility.
2. No DRP surcharges. The surcharge framework that imposed years of post-conviction financial burden is gone. Total cost of DWI is lower than pre-2019, though still substantial.
3. Universal interlock requirement. Ignition interlock is now standard for most DWI cases during case pendency and probation. Previously, interlock was selectively imposed; now it's the default.
4. -specific framework. Cases involving impairment can face enhanced charges or be charged under separate provisions. Defense analysis must consider PG 1-B framework where applicable.
5. Updated chemical testing procedures. The specific warnings, timelines, and warrant requirements have been refined. Defense suppression motions must reference current statutory framework.
Texas Penalty Group 1-B Charges
| Weight | Offense | Range |
|---|---|---|
| Under 1 g | State jail felony | 180 days-2 years |
| 1-4 g | 3rd degree felony | 2-10 years |
| 4-200 g | 2nd degree felony | 2-20 years |
| 200-400 g | 1st degree felony | 5-99 years |
| 400 g+ | Enhanced | 10-life + $100K |
| HB 6 (2023): delivery causing death is first-degree felony murder under Penal Code § 19.02 | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Does the deferred adjudication change apply retroactively?
Generally yes for cases that hadn't reached final disposition before September 1, 2019. Cases that resolved before that date remain governed by the prior law. Cases pending or filed after the effective date can use the new framework. Defendants whose pre-2019 cases are still active may have eligibility for the new framework.
Are the DRP surcharges still being collected on old cases?
No. The 2019 repeal eliminated the program entirely. Outstanding surcharges from prior years were also forgiven in many cases. Drivers who had license suspensions tied to unpaid surcharges typically had those suspensions cleared as part of the 2019 reforms. Confirm specific status with TxDPS or a defense attorney.
Has marijuana legalization affected Texas DWI law?
Indirectly. Texas has not legalized marijuana, but the 2019 hemp law (HB 1325) and 2023 expanded TCUP (medical cannabis) program created legal cannabis pathways that didn't exist before. DWI involving cannabis impairment is still prosecutable; the legal status of hemp products doesn't directly affect DWI charging. The state must still prove impairment beyond reasonable doubt.
What about Texas DWI law changes coming in 2025?
The 2025 legislative session may produce additional changes. Possible topics include: expanded DWI court programs, refined deferred adjudication rules, ignition interlock device modifications, chemical testing procedure updates. Check for current legislation when major changes occur.
How can I tell if my DWI is governed by old or new law?
The arrest date determines applicable law. Cases arrested before September 1, 2019, are governed by pre-2019 law (no deferred adjudication for DWI, DRP surcharges applicable). Cases arrested after that date are governed by current law. The transition rules can be complex; consult a defense attorney for cases that span the 2019 effective date.
