Texas DWI Laws: What Every Driver Needs to Know

Texas DWI Laws: What Every Driver Needs to Know

Driving While Intoxicated (DWI) in Texas is a serious offense that can have long-lasting legal, financial, and personal consequences. Whether you're a first-time offender or simply want to stay informed, understanding Texas DWI laws is essential for protecting your rights and making responsible decisions.

 

What Is a DWI in Texas?

In Texas, a person is legally intoxicated and may be charged with DWI when their blood alcohol concentration (BAC) is 0.08% or higher. However, you can still be arrested and charged even if your BAC is below 0.08% if you're impaired by alcohol or drugs.

Texas law also includes drug-related DWIs, which apply to both illegal substances and prescription medications that impair your ability to drive.

 

BAC Limits by Driver Type

  • Commercial Drivers: Legal limit is 0.04% BAC
  • Drivers Under 21: Subject to zero-tolerance laws—any detectable alcohol can result in a DUI charge
  • Repeat Offenders: May face enhanced penalties even at lower BAC levels

Penalties for DWI in Texas

The penalties for a DWI conviction in Texas vary based on the number of prior offenses and the circumstances of the arrest:

First Offense

  • Up to $2,000 fine
  • 3 to 180 days in jail
  • License suspension for up to 1 year
  • DWI education program required

Second Offense

  • Up to $4,000 fine
  • 1 month to 1 year in jail
  • License suspension up to 2 years
  • Possible ignition interlock device

Third Offense

  • Up to $10,000 fine
  • 2 to 10 years in prison
  • License suspension up to 2 years
  • Mandatory alcohol dependency evaluation

When a DWI Becomes a Felony in Texas

A DWI charge can be elevated to a felony under certain conditions:

  • Third or subsequent offense
  • DWI with a child passenger under 15
  • DWI causing serious injury or death

Felony DWIs carry longer prison sentences, higher fines, and permanent criminal records.

Legal Defenses for DWI Charges

Being charged with a DWI doesn’t mean you’ll be convicted. Common legal defenses include:

  • Lack of probable cause for the traffic stop
  • Inaccurate breathalyzer or field sobriety tests
  • Medical conditions that mimic intoxication
  • Improper police procedures

If you're facing a DWI charge, consult a Texas DWI attorney immediately to explore your legal options.

How to Avoid a DWI in Texas

  • Know your limits and avoid driving after drinking
  • Use rideshare services or designate a sober driver
  • Understand your legal rights during a traffic stop
  • Stay informed about Texas DWI laws and penalties

Helpful Resources

For more information, visit the Texas Department of Transportation’s DWI page.

Need Legal Help?

If you or someone you know is facing a DWI charge in Texas, don’t wait. Contact Omar Saman today for a free consultation and protect your future (713) 521-9955.