Texas DWI & DUI Laws: Penalties, BAC Limits & What Happens After an Arrest (2026)
Texas takes drunk and impaired driving seriously. A DWI arrest can lead to thousands in fines, license suspension, and jail time — even on a first offense.
DWI vs DUI in Texas
| Term | Applies To | BAC Limit |
|---|---|---|
| DWI (Driving While Intoxicated) | Adults 21+ | 0.08% |
| DUI (Driving Under Influence) | Under 21 | Any detectable amount |
BAC Limits
- 0.08% — Legal limit for adults
- 0.04% — Commercial drivers (CDL)
- 0.00% — Under 21 (zero tolerance)
- 0.15% — Enhanced penalty threshold
Penalties by Offense
| Offense | Fine | Jail | License Suspension |
|---|---|---|---|
| 1st DWI | Up to $6,000 | 72 hrs – 180 days | 90 days – 1 year |
| 2nd DWI | Up to $10,000 | 30 days – 1 year | 180 days – 2 years |
| 3rd DWI (felony) | Up to $10,000 | 2 – 10 years | 180 days – 2 years |
| DWI with child | Up to $10,000 | 180 days – 2 years | 180 days |
Implied Consent Law
By driving in Texas, you automatically consent to breath/blood testing. Refusing a test triggers an automatic 180-day license suspension through the ALR process.
The ALR Hearing
You have 15 days from arrest to request an ALR hearing. Miss the deadline = automatic suspension. The hearing determines your suspension regardless of criminal case outcome.
How Defensive Driving Helps
DWI/DUI charges cannot be dismissed with a driving safety course. However, the course teaches critical alcohol awareness (Topic 5) that can prevent future incidents.
Frequently Asked Questions
Can I dismiss a DWI with a driving course?
No. DWI/DUI charges are not eligible for dismissal through defensive driving. The course provides education and prevention.
What is the look-back period?
Texas has no look-back limit. A DWI from 20 years ago still counts as a prior offense.
Can I get an occupational license?
Yes. A court can grant a restricted license for work, school, and essential activities during suspension.
Does a first DWI stay on my record?
Yes. DWI convictions in Texas cannot be expunged. Deferred adjudication may be available for first offenses.
Is alcohol awareness in the defensive driving course?
Yes. Topic 5 covers physiological effects, BAC, and legal consequences of impaired driving.
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