Texas DWI Laws 2026 Complete Reference
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
DWI offense definitions
Texas Penal Code § 49.04 (DWI): operating vehicle while intoxicated. Texas Penal Code § 49.045 (DWI with child passenger under 15). Texas Penal Code § 49.07 (Intoxication Assault — DWI causing serious bodily injury). Texas Penal Code § 49.08 (Intoxication Manslaughter — DWI causing death). Texas Penal Code § 49.09 (Enhanced Offenses and Penalties — subsequent DWI penalties). Definitions: "intoxicated" = (A) not having the normal use of mental or physical faculties due to alcohol/drug/dangerous drug/combination, OR (B) BAC 0.08+. "Motor vehicle" includes cars, trucks, motorcycles, boats (separate boating DWI statute applies).
Penalties by offense level
First DWI — Class B misdemeanor. 72 hours-180 days jail; up to $2,000 fine; license suspension 90 days-1 year. Open container = 6 days mandatory minimum. BAC 0.15+ = Class A misdemeanor (30 days-1 year; up to $4,000). Second DWI — Class A misdemeanor. 30 days-1 year jail; up to $4,000 fine; license suspension 180 days-2 years; mandatory ignition interlock. Third DWI — third-degree felony. 2-10 years state prison; up to $10,000 fine; license suspension 180 days-2 years; mandatory ignition interlock. DWI with child passenger — state-jail felony. 180 days-2 years; up to $10,000 fine. Intoxication assault — third-degree felony (2-10 years). Intoxication manslaughter — second-degree felony (2-20 years).
Administrative License Revocation (ALR)
Texas Transportation Code Chapter 524 — separate civil process from criminal DWI. Triggered by: failure of breath/blood test (BAC 0.08+); refusal of breath/blood test. ALR suspensions: failure of test — 90 days first offense; 1 year second offense. Refusal of test — 180 days first offense; 2 years second offense. ALR hearing must be requested within 15 days of arrest — typical pitfall is missing this deadline. Hearing standards: state must prove probable cause; reasonable suspicion; lawful arrest. ALR runs separately from criminal case — can lose ALR while winning criminal case.
Blood draws and breath testing
Texas Transportation Code § 724.012 allows mandatory blood draws after DWI arrest in specific circumstances: prior DWI conviction; DWI with child passenger; DWI causing serious bodily injury; refusal cases with warrant. Otherwise, breath testing standard. Texas Intoxilyzer 9000 used for breath testing. Blood testing for prosecution typically by Texas DPS Crime Lab. Specimen handling: chain of custody documentation; evidence preservation; testing methodology challenges available to defense. Drug DWI: no per-se BAC threshold for drugs — impairment evidence required; Drug Recognition Expert (DRE) evaluation common.
Recent Texas DWI law developments
Recent changes affecting Texas DWI: HB 2048 (2019) — abolished Driver Responsibility Program (DRP) surcharges going forward; pre-2019 surcharges remain owed. HB 3016 (2017) — limited nondisclosure for first-time DWI with BAC under 0.15 after waiting period. Texas SB 1148 (2019) — strengthened DWI with child passenger enforcement. Recent /HB 6 (2023) — applies if DWI involves . Body camera/dashcam evidence — increasing importance for defense; preservation requests essential. EtG testing — increasingly used in DWI probation for ongoing accountability.
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 DWI charges, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts across the full DWI spectrum — first-offense Class B, BAC-≥-0.15 Class A enhancement, second-offense Class A, third-offense felony (§ 49.09(b)), DWI with child passenger (§ 49.045), intoxication assault (§ 49.07), and intoxication manslaughter (§ 49.08). Reggie's prosecutor background includes the DWI side of the docket; the defense work draws on knowing the state's playbook.
Frequently Asked Questions
What's the BAC limit in Texas?
0.08% for drivers 21+ under Texas Penal Code § 49.04. 0.04% for commercial drivers under § 49.07. Any detectable alcohol for drivers under 21 under Alcoholic Beverage Code § 106.041 (DUI by Minor). Above 0.15% triggers Class A misdemeanor enhancement under § 49.04.
What's the difference between DWI and DUI in Texas?
DWI (Driving While Intoxicated) under Penal Code § 49.04: drivers 21+ with BAC 0.08+ or impaired by drugs. DUI by Minor under Alcoholic Beverage Code § 106.041: drivers under 21 with any detectable alcohol. Adult drivers in Texas are never charged with "DUI" — only DWI.
Is third DWI a felony in Texas?
Yes — third-degree felony under Penal Code § 49.09. 2-10 years state prison; up to $10,000 fine. Habitual offender enhancement under § 12.42 if prior felonies. Felony DWI carries collateral consequences: voting rights affected; firearm restrictions; permanent record.
What's ALR in Texas?
Administrative License Revocation under Transportation Code Chapter 524 — separate civil license suspension process from criminal DWI. Triggered by failure of or refusal to take breath/blood test. ALR hearing must be requested within 15 days of arrest. ALR runs separately from criminal case.
Can Texas DWI be sealed?
Limited eligibility under HB 3016 (2017). First-time DWI with BAC under 0.15 may be eligible for nondisclosure after specific waiting periods. DWI second offense, BAC over 0.15, and felony DWI generally not eligible for sealing. Full expunction available only for dismissals/acquittals.
