DUI Laws in Texas (2026): Penalties Are Stricter Than Ever

Most people don’t realize how harsh Texas is about drunk driving. Seriously. Even one drink can land you in legal trouble if you’re under 21. And if you’re over 21? The penalties just got tougher in 2025.

Let me break down exactly what you need to know about DUI and DWI laws in Texas. Trust me, this stuff matters.

What’s the Difference Between DUI and DWI?

Here’s something that confuses people all the time.

In Texas, DUI and DWI are actually different charges. A DUI applies only to people under 21. A DWI applies to anyone operating a vehicle while intoxicated.

Think of it this way. If you’re under 21, Texas has zero tolerance. Any detectable amount of alcohol means you’re breaking the law. We’re talking about even a trace amount, like 0.01% blood alcohol concentration.

For adults 21 and over? You’re legally intoxicated at 0.08% BAC. But officers can still arrest you below that level if they believe alcohol affects your driving ability.

Pretty straightforward, right?

Texas Zero Tolerance Law for Minors

Okay, this one’s critical if you’re under 21.

Texas has what’s called a Zero Tolerance Law. It makes it illegal for anyone under 21 to drive with any detectable alcohol in their system. Any amount. Even half a beer can trigger a charge.

The legal limit for adults is 0.08%. For minors? There is no safe amount.

If an officer suspects you have alcohol in your system, they can arrest you. Your vehicle can be towed. Your license can be suspended for 60 days on the first offense.

Wait, it gets more serious.

If your BAC reaches 0.08% or higher as a minor, you face the same DWI charges as adults. Plus additional penalties for being underage. The consequences stack up fast.

First Offense DWI Penalties for Adults

Let’s talk about what happens if you’re 21 or older and get your first DWI.

As of September 1, 2025, penalties got harsher. Senate Bill 2320 increased the classification for certain DWI offenses.

Here’s what you’re looking at for a first offense:

If your BAC is below 0.15%:

Class B misdemeanor
Up to $2,000 fine
72 hours to 180 days in jail (with a minimum 72-hour sentence)
License suspension for 90 days to one year

If your BAC is 0.15% or higher:

Class A misdemeanor (this changed in 2025)
Up to $4,000 fine
30 days to one year in jail
License suspension for up to two years
Mandatory ignition interlock device

Honestly, that BAC level of 0.15% makes a huge difference. That’s nearly twice the legal limit.

You’ll also face additional costs beyond the fines. Court costs, attorney fees, alcohol education programs, and increased insurance rates all add up quickly. Some people end up paying $10,000 or more total.

Second DWI Offense

A second DWI is where things get really expensive.

This is automatically a Class A misdemeanor. The penalties include:

Up to $4,000 fine
One month to one year in jail
License suspension for 180 days to 18 months
Mandatory ignition interlock device

Hold on, this part is important.

Courts now have broader authority to impose continuous alcohol monitoring. You might need to wear an ankle monitor. You’ll probably face longer probation periods and more frequent court check-ins.

Third DWI and Beyond

Yep, this one’s no joke.

A third DWI is a third-degree felony in Texas. The penalties jump significantly:

Up to $10,000 fine
2 to 10 years in prison
License suspension for up to two years
Permanent criminal record

Under the 2025 updates, repeat felony DWI offenders may face enhanced sentencing if the offense occurs within ten years of a prior felony DWI.

What About DWI with a Child in the Car?

This is a separate charge called child endangerment.

If you’re driving impaired with a passenger under 15 years old, you face additional charges:

Up to $10,000 fine
State jail felony
Two to 10 years in prison
Additional 180-day license suspension

These penalties apply on top of your regular DWI charges. Basically, you’re looking at double the trouble.

Ignition Interlock Devices Explained

So what exactly is an ignition interlock device?

It’s a breathalyzer installed in your car. You blow into it before starting the vehicle. If it detects alcohol above a certain level, your car won’t start.

Here’s when you’ll need one:

First DWI with BAC of 0.15% or higher (mandatory)
Any second or subsequent DWI (mandatory)
DWI with a child passenger (mandatory)
Sometimes as a condition of probation or to get an occupational license

The device costs roughly $100 to install. Then you pay $2.50 to $3.50 per day to lease it. That adds up to about $75 to $105 per month.

The device also requires random breath samples while you’re driving. If you don’t provide a sample or if alcohol is detected, alarms go off. Lights flash. The horn sounds. All breath samples are logged and accessible to the court.

Pretty intense, right?

Administrative License Revocation (ALR)

Here’s something people don’t always realize.

Your license can be suspended immediately after arrest, even before you’re convicted. This is called Administrative License Revocation.

If you refuse a breath or blood test, your license is suspended for:

180 days for a first refusal
Two years for a subsequent refusal within 10 years

You have only 15 days from your arrest to request an ALR hearing. Miss that deadline and your license is automatically suspended.

Wondering if you should refuse the test? There’s no easy answer. Refusing triggers automatic suspension. But test results can be used against you in court.

Penalties for Underage DUI

Let’s break down what happens if you’re under 21 and get caught.

First offense (under 17):

Class C misdemeanor
Up to $500 fine
20 to 40 hours of community service
License suspension for 60 to 180 days
Mandatory alcohol awareness course

First offense (17 to 20):

Class B misdemeanor
Up to $2,000 fine
72 hours to 180 days in jail
License suspension for one year

Second offense:

Up to $500 fine (if under 17)
Up to 60 hours of community service
License suspension for 120 days to two years

Sound complicated? It’s actually not. The main thing to remember is this: any alcohol equals trouble if you’re under 21.

Can You Get a DWI Reduced or Dismissed?

Sometimes, yes.

An experienced attorney might get charges reduced or dismissed if:

The traffic stop was illegal
Field sobriety tests were administered incorrectly
The breathalyzer wasn’t properly calibrated
Blood samples weren’t handled correctly
Your rights were violated

Deferred adjudication is also possible for first-time offenders. This keeps the conviction off your permanent record if you complete probation successfully.

Refusing a BAC Test

Texas has an “implied consent” law.

By operating a vehicle in Texas, you automatically consent to BAC testing if arrested for DWI. Refusing means:

Immediate license suspension
Evidence of refusal can be used against you in court
Police can still get a warrant to force a blood draw

Honestly, refusing doesn’t protect you the way some people think it does.

Open Container Laws

Even if you’re not driving drunk, having open alcohol in your vehicle is illegal.

Texas law prohibits open containers of alcohol in the passenger area of a vehicle. This applies whether you’re the driver or a passenger.

Exception: Open containers are allowed in the living quarters of motorhomes or in vehicles for hire like limousines or party buses.

Enhanced Penalties You Should Know About

Certain situations trigger harsher penalties:

DWI with an open container:

Minimum six-day jail sentence
Class A misdemeanor (changed in 2025)

Intoxication assault (causing serious injury):

Third-degree felony
Up to $10,000 fine
Up to 10 years in prison

Intoxication manslaughter (causing death):

Second-degree felony
Up to $10,000 fine
2 to 20 years in prison

These are the cases that change lives forever.

What to Do If You’re Arrested for DWI

Okay, pause. Read this carefully.

If you’re arrested for DWI in Texas:

Stay calm and polite. Anything you say can be used against you. Don’t argue with the officer or admit guilt.

Request an ALR hearing within 15 days. This is critical for fighting your license suspension.

Contact a DWI defense attorney immediately. The sooner you get legal help, the better your chances.

Don’t discuss your case with anyone except your attorney. Not friends, not family, not on social media.

Getting Your License Back

After a DWI conviction, reinstating your license requires several steps:

Complete any required alcohol education program. Texas offers 12-hour and 32-hour DWI education courses.

Serve your suspension period. This varies based on the offense.

Pay reinstatement fees. Typically around $100 to $125.

File an SR-22 certificate. This proves you have proper insurance coverage.

If required, install an ignition interlock device before driving.

Wait, it gets better. Some offenders qualify for an occupational license during suspension. This allows limited driving for work, school, or essential household duties.

Recent Changes to Texas DWI Laws

Let me tell you what changed in 2025.

Senate Bill 2320 increased penalties for certain DWI offenses starting September 1, 2025. The big changes:

Standard first DWI upgraded from Class B to Class A misdemeanor
DWI with BAC of 0.15%+ upgraded from Class A misdemeanor to state jail felony
Minimum jail sentences added for certain offenses

Texas also eliminated the Driver Responsibility Program surcharges in 2019. This saved offenders from paying annual fees on top of other penalties. However, the total cost of a DWI conviction is still substantial.

DWI and Your Future

A DWI conviction stays on your criminal record. This means:

Background checks for employment will show your conviction. Many employers won’t hire someone with a DWI.

College admissions can be affected. Some schools ask about criminal history.

Professional licenses may be denied or revoked. Teachers, nurses, and commercial drivers face serious consequences.

Car insurance rates skyrocket. You’ll pay higher premiums for years.

You might struggle to rent an apartment. Many landlords conduct background checks.

Most people don’t realize how long these consequences last. They can affect you for life.

Commercial Drivers and DWI

Commercial driver’s license holders face stricter standards.

The legal BAC limit for CDL holders is 0.04%, not 0.08%. That’s half the regular limit.

A DWI conviction results in:

Loss of CDL for one year (first offense)
Lifetime CDL disqualification (second offense)
Permanent career damage

Basically, one DWI can end your career as a commercial driver.

Out-of-State Drivers

Texas DWI laws apply to everyone driving in the state.

You don’t have to be a Texas resident. You don’t need a Texas license. If you’re arrested in Texas, you face Texas penalties.

Your home state will also be notified. Most states suspend your license based on out-of-state DWI convictions.

The Real Cost of a DWI

Let’s talk numbers.

Beyond fines and fees, you’ll pay for:

Attorney fees: $3,000 to $10,000+
Court costs: $500 to $1,000
Alcohol education programs: $30 to $300
License reinstatement: $100 to $125
SR-22 insurance: Hundreds more per year
Ignition interlock device: $1,000+ per year
Lost wages from jail time and court appearances
Increased insurance premiums

Many people end up spending $15,000 to $20,000 total. Some spend much more.

Frequently Asked Questions

Can I get a DWI while parked?

Yes, you can. Texas law says you’re “operating” a vehicle if you’re in actual physical control. This means sitting in the driver’s seat with keys in the ignition, even if the car isn’t moving.

What happens if I’m visiting Texas from another state?

Texas laws apply to everyone driving here. You’ll face the same penalties as Texas residents. Your home state will be notified and may take additional action against your license.

Do I have to take a field sobriety test?

No, field sobriety tests are voluntary. However, refusing can give officers additional probable cause for arrest. The officer can still arrest you based on other observations.

Will a DWI show up on background checks?

Yes, DWI convictions are part of your permanent criminal record. They appear on employment background checks, rental applications, and professional license applications.

Can I get my DWI record expunged?

Generally no. Texas doesn’t allow expunction of DWI convictions. However, if your case was dismissed or you were acquitted, you may qualify for expunction. Deferred adjudication cases may qualify for non-disclosure orders.

Final Thoughts

Texas takes drunk driving seriously. The penalties are harsh and getting harsher.

If you’re under 21, any amount of alcohol is illegal. If you’re over 21, stay well under 0.08%. Better yet, don’t drink and drive at all.

Got arrested? Get a lawyer immediately. Request your ALR hearing within 15 days. Don’t try to handle this alone.

Now you know the basics. Stay safe out there.

References

Texas Penal Code § 49.04 – Driving While Intoxicated – https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
Texas Department of Public Safety – DWI Information – https://www.dps.texas.gov/
Texas Department of Transportation – Impaired Driving Laws and Penalties – https://www.txdot.gov/safety/driving-laws/impaired-driving.html
Texas Senate Bill 2320 (2025) – Enhanced DWI Penalties – https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2320
Texas Transportation Code § 521.246 – Ignition Interlock Requirements – https://statutes.capitol.texas.gov/Docs/TN/htm/TN.521.htm