What are the DWI laws and penalties in Texas?
What happens after a DWI arrest in TexasAs of October 20, 2026
- Arrest and chargeChemical test, notice of license action, first court date set.
- 15-day deadlineRequest an ALR hearing within 15 days or the suspension starts on day 40.
- Court casePlea or trial, then sentencing: fine, program, probation or jail.
- License backSuspension served, interlock if ordered, reinstatement fee paid.
A first DWI in Texas is a crime: a Class B misdemeanor, or a Class A misdemeanor if your blood or breath result was 0.15 or more. It becomes a felony with two prior intoxication convictions or a child under 15 in the car.
What are the penalties for a first-offense DWI in Texas?
A first DWI in Texas is a Class B misdemeanor: up to 180 days in county jail, a fine up to $2,000 plus a mandatory $3,000 state traffic fine, and a license suspension of 90 days to 1 year, usually with probation conditions.
| Penalty | First offense | Second offense (with any prior, no matter how old) |
|---|---|---|
| Offense level | Class B misdemeanor (Class A at 0.15+) | Class A misdemeanor |
| Jail | 72 hours to 180 days | 30 days to 1 year |
| Fine | Up to $2,000 plus $3,000 state fine | Up to $4,000 plus $3,000 to $4,500 state fine |
| License | 90 days to 1 year by court; 90 days ALR | 180 days to 2 years by court; 1 year ALR |
| Ignition interlock | Court's choice; mandatory at 0.15+ or under 21 | Mandatory for at least half of probation |
| Also | Probation, DWI education class, court costs, possible community service | Repeat-offender program; at least 72 hours jail if probated |
The state traffic fine under Transp. Code § 709.001 comes on top of the court's fine: $3,000 for a first conviction, or $6,000 if your result was 0.15 or more. It is waived only if you prove you cannot pay. At 0.15 or more the charge itself becomes a Class A misdemeanor under Penal Code § 49.04(d), with a court fine of up to $4,000.
Most sentences come with community supervision (probation) and its conditions: a DWI education program, court costs, and often community service or an alcohol evaluation. If you do not finish the education program, DPS revokes your license until you do.
Source: Tex. Penal Code § 49.04(b)-(d); § 12.22; Tex. Transp. Code § 521.344(a); § 709.001(b)(1); Tex. Code Crim. Proc. art. 42A.408(b) — confinement in jail for a term not to exceed 180 days (…) a fine not to exceed $2,000 (§ 12.22); not less than 90 days or more than one year (§ 521.344(a))
Do you go to jail for a first DWI in Texas?
Texas sets a minimum of 72 hours in county jail for a first DWI and a maximum of 180 days, but courts commonly probate the jail term through community supervision.
The minimum rises to 6 days if an open container of alcohol was in the vehicle (Penal Code § 49.04(c)). A first offense with a result of 0.15 or more is charged as a Class A misdemeanor, which raises the maximum to 1 year in jail.
How long is your license suspended for a DWI in Texas?
Texas has two separate suspensions. The DPS administrative (ALR) suspension for a failed test is 90 days (1 year with a prior alcohol- or drug-related contact in 10 years). After conviction, the court orders a separate suspension of 90 days to 1 year.
The court-ordered suspension under Transp. Code § 521.344 starts on a date the court sets, no later than 30 days after the conviction. If the court puts you on probation and requires the DWI education program or an ignition interlock, DPS may not revoke your license during that probation. An occupational (restricted) license may be available during a suspension.
The ALR suspension is a civil matter handled by DPS, separate from the criminal case; a result of 0.08 or more (0.04 in a commercial vehicle) triggers it. Drivers under 21 get a 60-day ALR suspension for a first failed test, 120 days with one prior and 180 days with two or more.
An ignition interlock on a first offense is up to the court, but it is mandatory if your result was 0.15 or more or you were under 21 at the time. Once ordered, it must be installed within 30 days at your cost and stay on for at least half of the probation period (Code Crim. Proc. art. 42A.408).
How many days do you have to request a DPS hearing after a DWI arrest in Texas?
You have 15 days from the day you are served the Notice of Suspension to request an ALR hearing with DPS (20 days from the mailing date if a blood-test result is mailed later). Miss it and the suspension starts on the 40th day.
The officer usually serves the notice at the arrest; if blood was drawn, DPS mails it once the result comes in. Your request must reach DPS headquarters in Austin within the deadline, and DPS accepts requests online, by mail, email, phone or fax. A late request is denied.
The hearing is held by the State Office of Administrative Hearings; DPS says to allow up to 60 days for scheduling. An administrative law judge decides whether DPS proved its case, and the decision can be appealed.
What happens if you refuse a breathalyzer in Texas?
Refusing the breath or blood test is not a crime in Texas, but DPS suspends your license for 180 days on a first refusal, or 2 years if you had an alcohol- or drug-related enforcement contact in the 10 years before the arrest.
Texas is an implied-consent state (Transp. Code ch. 724). The refusal suspension is an ALR action: the officer serves the Notice of Suspension at the arrest, the same hearing deadline applies, and the suspension runs independently of the criminal case. There is no fine for the refusal itself, and refusing does not change the class of the DWI charge.
If you are later convicted as a first offender, the court must credit the refusal suspension against its own court-ordered suspension from the same arrest (§ 521.344(c)). Commercial drivers face a separate CDL disqualification under § 522.081.
Source: Tex. Transp. Code § 724.035(a)-(c); § 724.041(a); § 724.046(a)-(b); § 521.344(c) — not later than the 15th day after the date on which the person receives notice
What is the penalty for a second DWI in Texas?
A second DWI is a Class A misdemeanor: 30 days to 1 year in county jail, a fine up to $4,000, a court-ordered suspension of 180 days to 2 years, and a mandatory ignition interlock. Any prior intoxication conviction counts, no matter how old.
Texas has no lookback period: the former 10-year washout in Penal Code § 49.09 was repealed effective Sept. 1, 2005, and a deferred adjudication for DWI counts as a conviction. The state traffic fine rises to $4,500 if the second conviction comes within 36 months of the first.
Even if the jail term is probated, the court must order at least 72 hours of continuous confinement, or at least 5 days if the prior offense was within 5 years (Code Crim. Proc. art. 42A.401). On a second offense there is no credit for the ALR suspension against the court-ordered one. A second offense within 5 years of the first raises the court-ordered suspension to 1 to 2 years and requires an interlock on every vehicle you own or drive for the whole suspension period. The interlock ordered as a probation condition must stay installed for at least half of the supervision period. You must also complete a repeat-offender education program, or DPS suspends your license until you do.
Source: Tex. Penal Code § 49.09(a), (g), (h); § 12.21; Tex. Transp. Code § 521.344(a); Tex. Code Crim. Proc. art. 42A.401(a)(1); art. 42A.408(c)(2) — has previously been convicted one time (§ 49.09(a)); a fine not to exceed $4,000 (…) in jail for a term not to exceed one year (§ 12.21)
Is a DWI a felony in Texas?
A first or second DWI is normally a misdemeanor. It becomes a third-degree felony with two prior intoxication convictions or prior intoxication manslaughter, and a state jail felony with a passenger under 15 or, since Sept. 1, 2025, in an active school crossing zone.
The felony tiers come from Penal Code § 49.09(b) (two priors or a prior intoxication manslaughter), § 49.045 (a passenger younger than 15) and § 49.04(e), added by SB 826 for offenses committed on or after Sept. 1, 2025 (a school crossing zone while the reduced speed limit applies).
Crashes are charged separately. Intoxication assault is a felony, raised to second degree when the victim is a firefighter or EMS worker or suffers a traumatic brain injury causing a persistent vegetative state, and to first degree for a peace officer or judge. Intoxication manslaughter is a second-degree felony, raised to first degree when the victim is a listed public servant or, under SB 745 for offenses on or after Sept. 1, 2025, when more than one person dies in the same incident.
Source: Tex. Penal Code § 49.09(b), (b-1), (b-2), (b-4); § 49.045(b); § 49.04(e); § 49.08(b)
How long does a DWI stay on your record in Texas?
A DWI conviction stays on your Texas criminal history permanently and on your DPS driving record with no purge date. A first DWI that ended in probation can be sealed by an order of nondisclosure after 2 or 5 years.
A conviction shows up on employer and licensing background checks with no automatic expiration or seven-year rule. The full DPS driver record (Type 3 and the certified Type AR abstract) lists every crash, violation and suspension with no purge period; only the 3-year history record is time-limited.
Expunction is possible only if the arrest did not end in a conviction, for example after an acquittal or a qualifying dismissal (Code Crim. Proc. art. 55A.002). A conviction cannot be expunged. Instead, a first DWI resolved with community supervision can be sealed under Gov't Code § 411.0731: you can petition 2 years after completing supervision if you had an ignition interlock for at least 6 months, otherwise 5 years. You must have no other prior conviction or deferred adjudication (fine-only traffic tickets excepted), the offense must not be the 0.15-or-more Class A variant, and sealing is barred if the DWI involved a collision with another person, including a passenger. This option has existed since Sept. 1, 2017.
How much does a DWI lawyer cost in Texas?
Law firms report flat fees of about $3,000 to $10,000 for a first-offense Texas DWI without an accident, a reported range rather than a quote. A Houston firm cites about $5,000 without trial and $15,000 or more for tried or aggravated cases.
What moves the price: a Class B versus a Class A (0.15 or more) charge, blood versus breath evidence and lab review, suppression motions, expert toxicology, prior history or a CDL, and whether the case goes to trial. Many firms bundle the ALR hearing into the fee.
On top of the lawyer come the court fine and the mandatory state traffic fine listed under penalties, a $125 DPS reinstatement fee after an ALR suspension, an ignition interlock at about $75 to $150 per month plus installation (usually 6 to 12 months), a DWI education class at about $70 to $200, and SR-22 high-risk insurance at about $1,000 to $2,000 per year for at least 2 years, with higher premiums for about 3 years. All in, a first DWI is commonly reported to cost $10,000 to $25,000.
Fee range: ZealousAdvocate, Blass Law, The Hull Firm — reported figures, not a quote.
Texas statutes and official sources
- Offense: Tex. Penal Code § 49.04
- Penalties: Tex. Penal Code § 12.22 (Class B), § 12.21 (Class A); Tex. Transp. Code § 709.001 (state traffic fine)
- Implied consent / refusal: Tex. Transp. Code § 724.035 (suspension), § 724.041 (hearing), § 724.046 (reinstatement fee)
- Administrative suspension: Tex. Transp. Code § 524.022 (periods), § 524.031 (hearing request)
- Prior offenses / lookback: Tex. Penal Code § 49.09
- Court-ordered license suspension: Tex. Transp. Code § 521.344
- Ignition interlock: Tex. Code Crim. Proc. art. 42A.408
- Jail as probation condition (repeat offenders): Tex. Code Crim. Proc. art. 42A.401
- Nondisclosure (sealing) of first DWI: Tex. Gov't Code § 411.0731
- Child passenger felony: Tex. Penal Code § 49.045
- Definitions (0.08): Tex. Penal Code § 49.01
- Texas DPS - Administrative License Revocation (ALR) Program
About This Information
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