DUI Laws in Texas: Penalties, BAC Limits & License Suspension

In Texas, the charge is Driving While Intoxicated (DWI), not "DUI" — Texas reserves "DUI" for a separate, lesser offense that applies only to drivers under 21. The per se limit for adults is 0.08 blood alcohol concentration (BAC), defined as intoxication as a matter of law under Texas Penal Code §49.01. If you were arrested, the single most urgent thing to know is this: Texas's Administrative License Revocation (ALR) program can suspend your license before you're ever convicted of anything, and you generally have only 15 days from the date you're served notice to request a hearing and stop that suspension from taking effect automatically. Miss it, and the clock cannot be reset.

What a DWI Is Called in Texas

Texas law uses "Driving While Intoxicated" (DWI) for adult drivers, codified at Texas Penal Code §49.04. "Intoxication" is defined two ways under §49.01: not having the normal use of mental or physical faculties because of alcohol or drugs, or having a BAC of 0.08 or higher. The second definition is the "per se" standard — if a test shows 0.08 or above, the state doesn't have to prove impairment separately. Drivers under 21 face a different statute entirely, discussed below, and the acronym for that offense is "DUI," not DWI.

BAC Limits in Texas: Standard, Commercial, and Underage

• General/adult limit: 0.08 BAC — the same per se standard used across the United States.
• Commercial driver's license (CDL) limit: 0.04 BAC while operating a commercial motor vehicle. A CDL holder who tests at or above 0.04 faces disqualification through the Texas Department of Public Safety, separate from any DWI charge.
• Under-21 zero tolerance: Texas does not use a numeric threshold like 0.02 for minors. Under the Texas Alcoholic Beverage Code §106.041, it is illegal for anyone under 21 to drive with any detectable amount of alcohol in their system. This is charged as "Driving Under the Influence of Alcohol by a Minor" — a lower-level offense than adult DWI — but a driver under 21 who tests at 0.08 or higher can instead face the full adult DWI charge.
• High-BAC threshold (0.15): Texas treats 0.15 BAC as a major dividing line. Under Texas Penal Code §49.04(d), a first DWI with a test result of 0.15 or higher is a Class A misdemeanor rather than the usual Class B — a higher jail and fine ceiling, but still a misdemeanor, not a felony. A 2025 bill (Senate Bill 2320) proposed making high-BAC and repeat DWIs felonies, but it did not pass, so these penalty levels have not changed. Always confirm the current classification of a specific charge with the Texas Penal Code or a Texas defense attorney.

Refusing a Breath or Blood Test: Implied Consent in Texas

By driving on Texas roads, you've already agreed to Texas's implied consent law, Texas Transportation Code Chapter 724. An officer who arrests you for DWI can request a breath or blood specimen, and must first read you a statutory warning explaining the consequences of refusal. If you refuse:

• Your license is automatically suspended for 180 days on a first refusal, if you have no other alcohol- or drug-related enforcement contact on your driving record in the preceding 10 years.
• The suspension jumps to 2 years if your record shows one or more prior alcohol- or drug-related enforcement contacts within that 10-year window.
• Refusal is not a way to avoid trouble. Under Texas law, your refusal can be introduced as evidence against you at trial, and officers can in many cases seek a warrant to draw blood anyway, particularly in cases involving a prior DWI, a crash with injury, or a child passenger.

This refusal suspension is separate from — and runs independently of — any suspension tied to a DWI conviction itself.

The ALR Clock: You Have 15 Days to Save Your License

Texas's pre-conviction license suspension process is called the Administrative License Revocation (ALR) program, run by the Texas Department of Public Safety (DPS), with hearings conducted by the State Office of Administrative Hearings (SOAH). It is triggered by a test failure (0.08 or above) or a test refusal, and it moves on its own timeline, separate from your criminal case.

You have 15 days from the date you receive notice of suspension to request an ALR hearing. This deadline is strict — there is no extension for weekends, holidays, or not knowing about it. Miss it, and your suspension automatically takes effect on the 40th day after you were served notice. Request in time, and you generally keep driving while the hearing is scheduled. Because the officer's paperwork at the scene often doubles as your notice of suspension, this deadline can pass before you realize a clock is running — request the hearing immediately, in writing, through DPS.

First-Offense Penalties: Jail, Fines, License, and Interlock

A standard first DWI (BAC under 0.15, no other aggravating facts) is a Class B misdemeanor under Texas Penal Code §49.04. In general terms:

• Jail: a minimum term of confinement of 72 hours, up to a Class B misdemeanor ceiling of 180 days. If a first DWI involved an open container of alcohol, the statutory minimum rises to six days.
• Fines: a Class B misdemeanor fine of up to $2,000, plus court costs and state surcharges that can add substantially to the total. A first DWI that tests at 0.15 or higher is a Class A misdemeanor, raising the ceilings to up to one year in jail and a fine of up to $4,000.
• License suspension (on conviction): separate from any ALR suspension, a first DWI conviction carries a license suspension of not less than 90 days and not more than one year under Texas Transportation Code §521.344.
• Ignition interlock device (IID): not automatically required for every first offense, but judges routinely order one as a bond or probation condition, and it is required if testing showed a BAC of 0.15 or higher.

These are the general statutory ranges, not a prediction of what any individual case will produce. Don't estimate your own exposure from an article like this — ask a Texas defense attorney to review your specific result and charge.

How Far Back Prior DWIs Count in Texas

Texas does not use a "lookback" or "washout" period for counting prior DWI convictions toward felony enhancement. Under Texas Penal Code §49.09, a prior DWI conviction counts toward enhancing a new charge no matter how long ago it happened — a conviction from 15 or 20 years earlier can still enhance a new charge today. This is a meaningful difference from many other states, which cap enhancement lookback at a set number of years. (A separate, narrower 10-year window applies only to calculating the length of an implied-consent refusal suspension, described above — a different rule from felony-enhancement lookback.)

When a DWI Becomes a Felony in Texas

• Third or subsequent DWI: a third-degree felony under Texas Penal Code §49.09(b), regardless of how old the prior convictions are.
• Child passenger: a DWI with a passenger younger than 15 in the vehicle is a state jail felony under Texas Penal Code §49.045 — even on a first DWI.
• Injury or death: causing serious bodily injury while intoxicated can be charged as intoxication assault; causing a death can be charged as intoxication manslaughter — both felonies under Texas Penal Code §§49.07–49.08.

By contrast, a first DWI with a high BAC (0.15 or above) is a Class A misdemeanor, not a felony. Felony DWI carries prison time (not county jail), higher fines, and long-term consequences like loss of certain civil rights. If any of the felony situations above apply to you, treat it as a felony matter and get a Texas criminal defense lawyer involved immediately.

What to Do After a DWI Arrest in Texas

1. Note the date you were served notice of suspension. The 15-day ALR hearing deadline starts running from that date, not from your court date — this is the single most time-sensitive step.
2. Request the ALR hearing in writing right away through the Texas Department of Public Safety, rather than waiting to see what happens with the criminal case. The two processes are separate, and only requesting a hearing preserves your ability to contest the suspension.
3. Get the paperwork from your arrest — the officer's report, any temporary driving permit, and the notice of suspension — and keep it together; you'll need the exact notice date for the hearing request.
4. Contact a Texas criminal defense attorney before your first court date, especially if your BAC tested at 0.15 or above, you have any prior DWI, a child was in the vehicle, or anyone was injured — these facts change your exposure and, in some cases, move a case from misdemeanor to felony.
5. Don't discuss the facts of your arrest publicly (including on social media) before speaking with an attorney, and don't assume any penalty amount until it's confirmed for your specific charge under the current statute.

This article is general legal information about Texas law as of mid-2026, not legal advice for your situation — confirm current deadlines and penalties with the Texas Department of Public Safety or a licensed Texas attorney.