Arrested for DWI
in Texas?
A DWI arrest in Texas is serious — but it doesn't have to define your future. Understanding the law is your first step. Get a free evaluation and connect with an experienced Texas DWI attorney who can fight for you.
- BAC limit: 0.08% (0.00% if under 21)
- 10 years lookback period for prior offenses
- You have 15 days to request a license hearing
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Texas DWI Penalties by Offense
Texas uses a 10 years lookback period — prior convictions within that window escalate your penalties significantly.
First Offense
- Jail3 days minimum
- FineUp to $2,000
- License Suspension90 to 365 days
- Ignition InterlockNo
Second Offense
- ClassificationClass A Misdemeanor
- PenaltiesNot less than 30 days or more than 1 year and/or not more than $4,000
- Lookback Window10 years
Third Offense & Beyond
- Classification3rd Degree Felony
- PenaltiesNot less than 2 years or more than 10 years and a fine of not more than $10,000
- StatusFelony Offense
Aggravated DWI (BAC ≥ 0.15%): Higher BAC levels trigger enhanced penalties in Texas. If your BAC was significantly above the legal limit, you may face mandatory minimums, additional fines, or elevated charges. An experienced Texas DWI attorney can evaluate the specific circumstances of your case.
What Happens to Your License
Texas operates a two-track system — your license faces consequences from both the court and the DMV independently. You must act fast on both fronts.
- 15-Day Rule: You have just 15 days from your arrest to request an administrative hearing to contest your license revocation. Miss this window and your license is automatically revoked.
- 1st Offense Suspension: 90 to 365 days A restricted or hardship license for employment purposes may be available.
- Refusal Consequences: Refusing a chemical test triggers an automatic license revocation of 180 days under Texas's implied consent law — separate from any criminal penalties.
- Ignition Interlock: Mandatory ignition interlock device required.
Texas DWI Defense Strategies
Even if you failed a breath test, that doesn't mean your case is lost. Experienced Texas DWI attorneys challenge charges on multiple grounds:
Special Texas DWI Circumstances
Under 21
Texas applies a strict zero-tolerance policy — any detectable alcohol for drivers under 21. First & second offense (Class C misdemeanor) – Not more than $500; Subsequent offense – Not more than 180 days and/or not less than $500 or more than $2,000. A DWI on a young driver's record can affect college applications, employment, and insurance for years.
Commercial Drivers
CDL holders in Texas are held to a stricter 0.04% BAC standard while operating a commercial vehicle. A DWI conviction can result in a 1-year CDL disqualification for a first offense — and a lifetime ban for a second offense. Even an off-duty DWI in your personal vehicle can threaten your commercial license and livelihood.
Drug DWI
Texas law prohibits driving under the influence of any drug — including prescription medications and marijuana — not just alcohol. You do not need to be above a BAC limit for drug dwi charges; impairment alone is sufficient. The same criminal penalties apply, and drug dwi cases often involve more complex evidence that an experienced attorney can challenge.
Don't Face Texas's DWI System Alone
The 15-day deadline to protect your license is already counting down. Get your free evaluation now and find out exactly where you stand.
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Legal Disclaimer: The information on this page is for general educational purposes only and reflects laws as reported by the NHTSA Digest of Impaired Driving Laws. DWI laws in Texas change frequently. This is not legal advice. Always consult a licensed Texas DWI attorney for guidance specific to your situation.