Texas officially uses the term "driving while intoxicated" (DWI) instead of "driving under the influence" (DUI). However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving.
Texas's DWI laws prohibit all motorists from operating a motor vehicle:
Generally, you are considered "intoxicated" if you "lack the normal use of mental or physical faculties" as the result of ingesting alcohol, drugs, or any other substance. (It's also illegal to operate a boat while intoxicated (BWI) in Texas.)
For underage drivers (those under 21 years old), Texas has "zero tolerance" laws making it illegal to get behind the wheel with any detectable amount of alcohol in their system.
In Texas, a motorist can get a DWI even without actually driving: The statute defines DWI as "operating" a vehicle while intoxicated or with a prohibited BAC. So while driving is sufficient for a conviction, it isn't required.
Texas courts have said the term "operate" is very broad and includes any action to "affect the functioning" of a vehicle in a manner that "enables its use."
A drunk driving offense based on BAC—as opposed to the driver's level of impairment—is known as a "per se" DWI. The amount of alcohol a person must drink to reach the legal limit depends on a number of factors such as gender, body size, and the number and strength of drinks.
Texas DWI penalties vary based on the circumstances of the case. But the range of allowable penalties depends, in large part, on how many prior convictions the offender has. Here are what the potential sentences generally look like for a first, second, and third DWI.
| 1st Offense | 2nd Offense | 3rd Offense | |
|---|---|---|---|
|
Jail |
72 hours to six months (12-month maximum with BAC of .15% or more) |
30 days to 12 months |
2 to 10 years |
|
Fines |
Up to $2,000 (or up to $4,000 with BAC .15% or more) |
Up to $4,000 |
Up to $10,000 |
|
License Suspension |
90 days to 12 months |
180 days to 2 years |
180 days to 2 years |
|
Only as a condition of obtaining an "occupational license" |
1 year (with a prior conviction within 5 years) |
1 year (with a prior conviction within 5 years) |
Texas's "implied consent" laws require all drivers lawfully arrested for a DWI to submit to a blood or breath test. Motorists who refuse testing face the following license suspensions periods.
| 1st Offense | 2nd offense | 3rd Offense | |
|---|---|---|---|
|
License Suspension |
180 days |
2 years |
2 years |
For purposes of determining what is a second or third refusal, prior DWI convictions, refusals, and failed BAC test (.08% or greater) within the past ten years are counted.
If you get charged with a DWI in Texas, you might be hoping to get the charge dismissed altogether. However, unless the court throws out evidence that's critical to prove the charge, it's unlikely a prosecutor will agree to a complete dismissal.
But in some cases, a reduction to a "wet reckless" charge is possible. A wet reckless is just a reckless driving offense that involves drugs or alcohol.