Texas DWI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DWI in Texas
Texas DWI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DWI's.
If you’ve been charged with Texas DWI, the law allows 15 days for your Texas DWI Lawyer to make a request for a Texas Department of Public Safety administrative hearing to help save your driving license
What are the penalties for DWI in Texas?
The penalties for driving while intoxicated in Texas will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
TX DWI Penalties
Texas is a state with a lifetime 'washout period' also known as a 'look back period'
Drivers License Yearly Surcharge
A $1,000 yearly surcharge on the license of any driver convicted of DWI within the preceding 36 months will be applied unless:
(1) the driver had alcohol concentration of 0.16% or more at the time the analysis was performed in which case the charge will increase to $2,000; OR
(2) it is a second or subsequent DWI conviction within a 36 month period in which case the surcharge will increase to $1,500.
A surcharge for the same offense may not be applied for more than three years.
1st DWI Offense - Class B Misdemeanor
The penalty upon conviction of a first DWI offense in Texas:
- Fines: up to $2,000
- Imprisonment: up to 180 days in jail (minimum term of confinement of 72 hours)
- Drivers License Suspension: not less than 90 days and no more than 1 year
- Ignition Interlock: possible ignition interlock device (IID) restriction for a period of not less than half the period of any community supervision order imposed
- Annual license surcharge fee of between $1,000 - $2,000 for a period of three years in order to retain drivers license
- TX SR22 Insurance (proof of financial responsibility) Requirement
2nd DWI Offense - Class A Misdemeanor
The penalty upon conviction of a second DWI offense in Texas:
- Fines: up to $4,000
- Imprisonment: up to 1 year in jail (minimum term of confinement of 30 days)
- Drivers License Suspension: not less than 180 days and no more than 2 years
- Ignition Interlock: possible ignition interlock device (IID) restriction for a period of not less than half the period of any community supervision order imposed
- Annual license surcharge fee of between $1,000 - $2,000 for a period of three years in order to retain drivers license
- TX SR22 Insurance (proof of financial responsibility) Requirement
3rd DWI Offense - Second Degree Felony
The penalty upon conviction of a third DWI offense in Texas:
- Fines: up to $10,000
- Imprisonment: no less than 2 years and no more than 20 years in state penitentiary
- Drivers License Revocation: not less than 1 year or more than 2 years
- Ignition Interlock: possible ignition interlock device (IID) restriction for a period of not less than half the period of any community supervision order imposed
- Annual license surcharge fee of between $1,000 - $2,000 for a period of three years in order to retain drivers license
- TX SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
In Texas any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood if lawfully arrested for driving under the influence. It is an offense to refuse to submit or fail to complete a blood alcohol test when required to do so.
If any person refuses to submit to the taking of a specimen for chemical test analysis, evidence of the refusal may be admissible in court in any subsequent prosecution.
Chemical Test Refusal Penalties - Texas
First Chemical Test Refusal
If a person's driving record shows no prior alcohol or drug related enforcement contacts.
- Drivers License Suspension: not less than 180 days (60 days if person under 21). Automatic drivers license suspension (regardless of whether or not the person who refuses the test is subsequently prosecuted as a result of the arrest)
- TX SR22 Insurance (proof of financial responsibility) Requirement
Second (or subsequent) Chemical Test Refusal
If a person's driving record shows one or more alcohol or drug related enforcement contacts during the 10 years preceding the date of arrest.
- Drivers License Suspension: 2 years drivers license suspension
- TX SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Texas
The maximum legal BAC (blood alcohol content) limits in Texas for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Texas it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Texas it is an offense to drive any motor vehicle that requires a commercial drivers license with 0.04% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.00%
In the State of Texas it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.00% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Texas and implied consent laws are enforced.
