Texas DWI Laws — Complete Reference for 2026
Co-Founding Partners
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
Penal Code — the criminal offenses
The substantive offenses (what makes it a crime):
| Statute | Offense | Classification |
|---|---|---|
| §49.01 | Definitions (intoxicated, operate, etc.) | N/A |
| §49.04 | DWI (basic offense) | Class B; Class A if 0.15+ |
| §49.045 | DWI with Child Passenger | State jail felony |
| §49.05 | Flying While Intoxicated | Misdemeanor |
| §49.06 | Boating While Intoxicated (BWI) | Misdemeanor |
| §49.07 | Intoxication Assault | 3rd degree felony |
| §49.08 | Intoxication Manslaughter | 2nd degree felony |
| §49.09 | Enhanced Offenses (3rd DWI) | 3rd degree felony |
| §49.10 | No Defense by Validity of Source | N/A |
| §49.11 | Mental State Required | N/A |
These provisions are the heart of Texas DWI law. Every other code provision flows from these.
Transportation Code — license consequences and testing
Transportation Code Chapter 521 governs driver's license suspension and reinstatement:
- §521.342: Suspension upon conviction or deferred adjudication for DWI
- §521.371-.376: Habitual offender designation
- Subchapter L (§521.241-.252): Occupational driver's license procedures
- §521.372: Suspension for drug-related conviction (separate from DWI)
Transportation Code Chapter 524 governs Administrative License Revocation:
- §524.011-.014: Officer notice of suspension procedures
- §524.022-.041: ALR hearing procedures, request deadline (15 days), evidence rules
- §524.051-.052: Period of suspension by category
Transportation Code Chapter 724 governs implied consent:
- §724.011: Implied consent of driver
- §724.015: Officer statutory warnings before specimen request
- §724.035: Suspension consequences of refusal
- §724.012: Forced blood draw circumstances (post-Birchfield)
Code of Criminal Procedure — procedure and disposition
Bond conditions, plea structures, probation:
- Art. 17.441: Ignition interlock as bond condition
- Art. 17.40-.42: Conditions of bond generally
- Art. 38.43: Evidence retention; defense access to retesting
- Art. 42A.054: Probation eligibility for felony DWI
- Art. 42A.101: Deferred adjudication availability (post-2019 for first DWI)
- Art. 42A.401: Substitution of community service for mandatory minimum jail
- Art. 42A.551: Shock probation for state jail felony DWI cases (e.g., DWI with child passenger)
- Ch. 55: Expunction (for dismissed/acquitted DWI cases)
Government Code — record sealing
Post-conviction record-clearing provisions:
- §411.0731: Nondisclosure for DWI deferred adjudication (specific waiting periods by BAC: 2 years under-0.15, 5 years 0.15+)
- §411.0727: Nondisclosure for certain DWI Class C cases
- §411.072-.0726: General nondisclosure framework
- §411.074: Disqualifications from nondisclosure
- §508.145: Parole eligibility for sentenced DWI defendants (felony DWI)
Health & Safety Code — drug-related DWI
For DWI cases involving drugs rather than (or in addition to) alcohol:
- Ch. 481: Texas Controlled Substances Act — defines which substances are scheduled
- §481.102-.106: Penalty Groups 1-4 definitions
- §481.1022 (post-2023): Penalty Group 1-B
- Agriculture Code Ch. 122: Hemp exception for THC analysis purposes
Recent legislation timeline
The 2019 reforms and subsequent changes:
| Year | Bill | Effect |
|---|---|---|
| 2019 | HB 3582 | Authorized deferred adjudication for first DWI |
| 2019 | HB 2048 | Repealed Driver Responsibility Program surcharges |
| 2019 | SB 1418 | Expanded ignition interlock requirements |
| 2021 | HB 1024 | Expanded DWI court programs |
| 2021 | SB 781 | Implied consent procedural updates |
| 2023 | HB 6 | provisions; affects drug-impaired DWI |
| 2023 | HB 2502 | Implied consent procedural updates |
Texas DWI law continues to evolve. Cases filed in 2026 are governed by the 2019 reforms plus subsequent updates. Pre-2019 cases were governed by harsher framework.
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
What's the BAC limit for DWI in Texas?
0.08 for adult drivers in passenger vehicles. 0.04 for commercial drivers (CDL holders operating commercial motor vehicles). Any detectable amount for drivers under 21 (Alcoholic Beverage Code §106.041 zero-tolerance for minors). 0.15 is the threshold for enhanced first-offense DWI as a Class A misdemeanor.
Can I get a DWI for prescription medication?
Yes. Penal Code §49.04 covers intoxication from "alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance." Prescription medications are covered. The state must prove that the medication caused loss of normal faculties — which can be challenging where the defendant was taking the medication as prescribed.
How long do I have to request an ALR hearing?
15 days from the date of arrest. The deadline is strict; missing it results in automatic license suspension. The 15-day clock starts when the temporary driving permit is issued, which is typically the day of arrest. Defense attorneys typically file the ALR hearing request immediately upon retention.
What's the difference between probation and deferred adjudication for DWI?
Both involve supervision and conditions. Probation requires a guilty plea + final conviction; the conviction is permanent. Deferred adjudication requires a guilty plea but no entry of conviction; if completed successfully, the case is dismissed without conviction. Deferred adjudication generally produces better long-term outcomes through eligibility for nondisclosure.
Has Texas legalized hemp affected DWI law?
Indirectly. Hemp-derived products with THC under 0.3% are legal under Texas Agriculture Code Chapter 122. However, lab testing for DWI purposes typically detects THC presence rather than source. A driver showing impairment from any THC source can be charged with DWI. The hemp-derived defense may apply for possession charges but not directly for DWI charges, where the question is impairment rather than source.
