Texas DWI Laws and Penalties for a Conviction

Driving while intoxicated (DWI) in Texas can result in serious criminal penalties. If you're convicted of DWI, the penalties will depend mostly on the number of prior convictions you have.

Penalties for a DWI conviction often include jail, fines, and a license suspension. These penalties usually increase each time a driver gets a new DWI conviction.

Texas's DWI Laws

Texas officially uses the term "driving while intoxicated" 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:

• with a blood alcohol concentration (BAC) of .08% or more, or
• while intoxicated by drugs or alcohol.

(Tex. Penal Code §§ 49.01, 49.04 (2025).)

What Does "Intoxicated" Mean?

Generally, you're 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.) (Tex. Penal Code § 49.01 (2025).)

For underage drivers (those younger than 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. See below for a detailed discussion of these zero tolerance laws.

Blood Alcohol Concentration (BAC) Limits and Per Se DWIs

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 several factors such as gender, body size, and the number and strength of drinks.

Getting a DWI Without Actually Driving

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. (Tex. Penal Code § 49.04 (2025).)

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." (Kirsch v. State, 366 S.W.3d 864 (Tex. App. 2012).)

DWI Penalties for a First, Second, and Third Conviction

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. The court also may order probation as a condition of its sentence.

(Tex. Penal Code §§ 12.21, 12.22, 12.34, 49.04, 49.09; Tex. Trans. Code §§ 521.246, 521.344 (2025).)

Aggravated (Felony) DWI Laws

In Texas, a DWI can be charged as a felony under certain circumstances.

Third or Subsequent DWIs are Felonies

When an offender has two or more prior DWI convictions, the third offense generally can be charged as a third-degree felony. See the above chart for the penalties for a third DWI conviction.

Minor Passengers

Operating a vehicle while intoxicated is a "state jail felony" when the driver has at least 1 passenger who's younger than 15 years old. Convicted motorists are looking at 180 days to 2 years in jail and up to $10,000 in fines. (Tex. Penal Code §§ 12.35, 49.045 (2025).)

Felony Charges for DWIs Involving Injuries and Deaths

Any DWI—even a first offense—can be charged as a felony if the driver ends up killing or causing "serious bodily harm" to someone while operating a vehicle under the influence. Depending on whether someone died or was seriously injured, these offenses are called "intoxication assault" and "intoxication manslaughter."

Intoxicated assault is generally a third-degree felony. A conviction carries 2 to 10 years in prison and up to $10,000 in fines. (Tex. Penal Code §§ 12.34, 49.07 (2025).)

Intoxicated manslaughter is normally a second-degree felony. Second-degree felonies carry 2 to 20 years in prison and up to $10,000 in fines. (Tex. Penal Code §§ 12.33, 49.08 (2025).)

Special Zero-Tolerance Rules for Minors (DUIA)

Because it's illegal for anyone who's underage to consume alcohol in Texas, the state has enacted alcohol "zero tolerance" rules for drivers younger than 21. Underage drivers with "any detectable amount of alcohol" in their system can be convicted of driving under the influence of alcohol ("DUIA"), whether they're actually intoxicated or not. And minors who meet the DWI standard for intoxication as described above can be convicted of both DWI and DUIA. (Tex. Alco. Bev. Code §§ 106.01, 106.041 (2025).)

DUIA is generally a class C misdemeanor. A first conviction carries a fine of up to $500, a minimum 60-day license suspension, and 20 to 40 hours of community service. Attendance in an "Alcohol Awareness Course"—for the minor and possibly the parent—is also required. The penalties increase for minors who are at least 17 years old and have more than 1 prior conviction. (Tex. Alco. Bev. Code §§ 106.041, 106.115; Tex. Penal Code § 12.23; Tex. Trans. Code § 524.022 (2025).)

Implied Consent and Refusing a Blood or Breath Test

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 license suspension for 180 days for a first offense or 2 years for a second or subsequent offense. (Tex. Trans. Code §§ 724.011, 72.035 (2025).)

For purposes of determining what is a second or third refusal, prior DWI convictions, refusals, and failed BAC tests (.08% or greater) within the past 10 years are counted. (Tex. Trans. Code §§ 524.001, 72.035 (2025).)

Plea Bargaining in DWI Cases

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.

Getting Help From a DWI Lawyer

If you've been arrested for driving under the influence in Texas, you should seriously consider talking to a DWI attorney. A DWI lawyer can review your case and let you know whether you have any good defenses and what your options might be for a plea or trial.