DUI & DWI in Texas

Written by Ben Breiner

Reviewed by Pamela Goforth, Licensed Insurance Agent

Updated May 16, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional.

Texas distinguishes between two separate impaired-driving offenses: Driving While Intoxicated (DWI) under Texas Penal Code § 49.04 — the primary adult offense — and Driving Under the Influence (DUI), which applies exclusively to drivers under 21 with any detectable amount of alcohol. The adult per se Blood Alcohol Concentration (BAC) limit is 0.08%. A DWI conviction in Texas triggers criminal penalties, mandatory license suspension, an Ignition Interlock Device requirement in many cases, a two-year SR-22 insurance filing, and lasting insurance consequences — all addressed below using 2026-verified data from the Texas Department of Public Safety (TxDPS) and official Texas statutes.

DUI vs. DWI in Texas: Legal Definitions and BAC Limits

Under Texas Penal Code § 49.01, “intoxicated” means either having a BAC of 0.08% or more (per se intoxication) or lacking normal use of physical or mental faculties due to any substance. Prosecutors need prove only one prong — impairment evidence can support a conviction even with a BAC below 0.08%. Texas establishes three BAC thresholds:

• Standard adult limit: 0.08% — triggers DWI under Penal Code § 49.04
• Commercial driver limit: 0.04% — triggers Administrative License Revocation (ALR) disqualification at arrest
• Under-21 DUI limit: Any detectable amount — a separate minor offense with distinct penalties not addressed in the adult penalty table below

When BAC reaches 0.15% or higher, Penal Code § 49.04(d) enhances a first-offense DWI from a Class B to a Class A misdemeanor, raising the fine ceiling to $4,000, the maximum jail term to one year, and triggering a mandatory $6,000 state traffic fine under Transportation Code § 709.001 at sentencing.

Criminal Penalties for DUI & DWI in Texas

The table below reflects penal code penalties confirmed by the official Texas Department of Transportation impaired driving page and TxDPS enforcement data. These penal code fines are separate from additional state traffic fines under Transportation Code § 709.001 — $3,000 for a first DWI within a 36-month period, $4,500 for a second within that window — assessed at sentencing in addition to the amounts below.

Offense Tier	Jail / Prison Time	Fine Range (Penal Code)	Criminal License Suspension
First DWI (Class B Misdemeanor)	72 hours – 180 days (mandatory minimum: 72 hours)	Up to $2,000	90 days – 1 year
Second DWI (Class A Misdemeanor)	30 days – 1 year (mandatory minimum: 30 days)	Up to $4,000	180 days – 2 years
Third / Subsequent DWI (Third-Degree Felony)	2 – 10 years (TDCJ)	Up to $10,000	180 days – 2 years

First Offense

A standard first-offense DWI is a Class B misdemeanor: up to $2,000 in fines (plus up to $3,000 in additional state traffic fines under Transportation Code § 709.001 if within a 36-month period), a mandatory 72-hour minimum jail term (up to 180 days), and a court-set license suspension of 90 days to one year. An open container in the vehicle raises the mandatory confinement minimum to six days. Driving DWI with a passenger under 15 is a separate state jail felony with a fine up to $10,000 and 180 days to two years in a state jail facility.

Second Offense

A second DWI is automatically elevated to a Class A misdemeanor under Penal Code § 49.09(a), imposing a mandatory minimum of 30 days in jail (up to one year), a fine ceiling of $4,000, and a license suspension of 180 days to two years. IID installation is commonly required as a condition of the conviction and any probation granted. All sentences and probation terms are set by the court — consult a licensed Texas attorney regarding your specific circumstances.

Third Offense and Felony DWI

A third or subsequent DWI is a Third-Degree Felony under Penal Code § 49.09(b), carrying 2 to 10 years in the Texas Department of Criminal Justice (TDCJ), a fine up to $10,000, and a license suspension of 180 days to two years. A felony DWI conviction creates a permanent record with lasting consequences for employment, housing, and civil rights.

Driver’s License Suspension and Revocation in Texas

A single DWI arrest can produce two independent suspension actions — administrative and criminal — running on separate timelines, each with its own reinstatement fee.

Administrative Suspension

The Administrative License Revocation (ALR) program under Texas Transportation Code Chapters 524 and 724 is a civil action triggered at arrest — entirely independent of the criminal court case. Per the TxDPS ALR program page, adult suspension periods are:

• Test failure (BAC ≥ 0.08%), first offense: 90 days
• Test failure, second or subsequent: 1 year
• Test refusal, first offense: 180 days
• Test refusal, second or subsequent: 2 years

A driver has 15 days from the arrest date to request an ALR hearing; if no hearing is requested, suspension takes effect on the 40th day. The ALR reinstatement fee is $125. An ALR suspension can stand even if the criminal DWI charge is later dismissed.

Criminal Suspension

A DWI conviction triggers a separate court-imposed criminal suspension under Transportation Code § 521.344, beginning within 30 days of conviction for the periods shown in the penalties table. Under § 521.344(c), for first-time offenders only, the court must credit any ALR refusal suspension time already served toward the criminal suspension — this credit does not apply to drivers with prior DWI-related convictions under Penal Code §§ 49.04, 49.045, 49.07, or 49.08.

Ignition Interlock Device (IID) Requirements in Texas

An Ignition Interlock Device (IID) is a breath-testing unit wired to a vehicle’s ignition that requires a passing sample before the engine starts. Per Transportation Code § 521.246 and the TxDPS Ignition Interlock Devices page:

• IID is mandatory for any DWI conviction where BAC was 0.15% or higher.
• IID is mandatory for all second and subsequent DWI convictions.
• For a first DWI with BAC below 0.15%, IID is at the court’s discretion but commonly ordered as a condition of bond or probation.
• When an IID is ordered, the driver must obtain a TxDPS Interlock Restricted driver license before operating any vehicle.
• Any Occupational Driver License (ODL) issued after an ALR suspension or DWI conviction is automatically issued with an IID restriction per Code of Criminal Procedure Article 42A.407, regardless of whether the court order specifies it.

SR-22 Insurance Requirement After a DWI in Texas

A DWI conviction is a confirmed SR-22-triggering event under Texas Transportation Code Chapter 601. An SR-22 — formally a Certificate of Financial Responsibility — is not a type of insurance policy. It is a form your insurer files electronically with TxDPS certifying that your liability policy meets the state-minimum 30/60/25 limits. For a full explanation of how the certificate works, see what an SR-22 means for Texas drivers.

Per TxDPS SR-22 FAQ Section 9, the SR-22 must remain on file for two years from the date of conviction without any interruption. The Texas SR-22 duration guide details how this window is measured and what events extend it. Drivers who do not own a vehicle may satisfy the requirement through a Texas non-owner SR-22 policy.

If the SR-22 policy lapses for any reason, the insurer files an SR-26 cancellation notice with TxDPS — triggering immediate license re-suspension, a new $100 reinstatement fee (Safety Responsibility category), and a full reset of the two-year filing clock. TxDPS does not send end-of-period notifications; drivers must verify completion through the TxDPS License Eligibility portal before cancelling any SR-22 coverage.

How to Reinstate Your License After a DWI in Texas

The steps below reflect the official reinstatement process per the TxDPS Alcohol-Related Offenses page. All items must be cleared before TxDPS marks the license eligible.

1. Check your full eligibility status and act on the ALR hearing deadline immediately. Use the TxDPS License Eligibility portal to identify every outstanding compliance item and fee. If you were arrested within the past 15 days and have not yet requested an ALR hearing, do so immediately through TxDPS before the deadline passes — if no hearing is requested, the automatic ALR suspension takes effect on day 40 after arrest and cannot be reversed retroactively.
2. Serve the complete mandatory suspension period for both the ALR action (if applicable) and the court-imposed criminal suspension — partial completion does not restore driving privileges.
3. Complete the required DWI education program within 180 days of conviction. First offenders must complete the 12-hour DWI Intervention Program; drivers with prior DWI convictions must complete the 32-hour DWI Repeat Offender Program. Failure to submit proof to TxDPS within this 180-day window results in a separate license revocation and an additional $100 reinstatement fee.
4. Install an IID and obtain an Interlock Restricted license from TxDPS if ordered by the court or required by your offense tier.
5. Obtain SR-22 coverage from a Texas-admitted carrier and confirm TxDPS receipt through the License Eligibility portal; allow up to 21 business days for processing. If no voluntary-market insurer will write the policy, apply through TAIPA. See Texas SR-22 requirements for full options.
6. Pay all applicable reinstatement fees — typically $125 for the ALR reinstatement and $100 for the Safety Responsibility (SR-22) reinstatement. Each distinct enforcement action on your record carries its own fee.
7. Apply for an Occupational Driver License (ODL) if you need to drive during the suspension period for work, school, or essential household duties. An ODL requires a petition to your county’s justice of the peace or county/district court, along with an SR-22, all applicable fees, and submission of the court order to TxDPS. The signed court order serves as a temporary driving permit for 45 days while TxDPS processes the formal ODL.

Insurance Consequences of a DWI in Texas

Beyond the mandatory SR-22, a DWI conviction causes your insurer to reclassify you into a high-risk actuarial tier, producing substantially elevated premiums that typically persist for the insurance company’s own review period — which often extends beyond the two-year SR-22 filing period. Some admitted carriers cancel or decline to renew the policy entirely upon learning of the conviction. For Texas-specific premium impact data, see the Texas SR-22 cost guide.

If voluntary-market carriers deny coverage, the Texas Automobile Insurance Plan Association (TAIPA) provides minimum-limits access to applicants rejected by at least two Texas-admitted carriers within the past 60 days. TAIPA offers 30/60/25 liability coverage, uninsured/underinsured motorist coverage, and $2,500 in Personal Injury Protection. TAIPA premiums are typically above voluntary-market rates; once coverage is issued, the SR-22 can be filed through the assigned insurer. Additional guidance is available at sr22texas.org.

Common Misunderstandings About DUI & DWI in Texas

A first DWI in Texas is a minor offense with no lasting consequences.

A first-offense DWI is a Class B misdemeanor carrying a mandatory 72-hour jail minimum, a fine up to $2,000 (plus up to $3,000 in additional state traffic fines under Transportation Code § 709.001 within a 36-month period), and a license suspension of 90 days to one year. The conviction also triggers a mandatory two-year SR-22 filing requirement and high-risk premium reclassification that can extend beyond the filing period. A BAC of 0.15% or higher elevates the first offense to a Class A misdemeanor with higher maximum penalties and a mandatory $6,000 additional state traffic fine.

If I refuse the breath test, I avoid a DWI charge in Texas.

Refusing a BAC test does not prevent a DWI prosecution. Under Texas Transportation Code § 724.061, a test refusal may be introduced into evidence at trial as potential evidence of consciousness of guilt. In addition, refusal triggers an immediate ALR administrative suspension — 180 days for a first refusal, or two years for a second — along with a $125 reinstatement fee. Officers may also seek a court-ordered blood draw after refusal in certain circumstances under Transportation Code § 724.012.

My regular auto insurance will cover me normally after a DWI conviction.

A DWI conviction triggers high-risk reclassification, resulting in substantially elevated premiums. Your current insurer may cancel or decline to renew the policy — and either way, a mandatory two-year SR-22 filing is required. Not all admitted carriers offer SR-22 endorsements. If the voluntary market declines coverage, TAIPA provides minimum-limits access to eligible drivers, but TAIPA premiums are typically above standard market rates.

Once my license suspension ends, my SR-22 requirement is automatically over.

The license suspension and the SR-22 filing obligation run on separate timelines. Your license may be reinstated well before the two-year SR-22 period concludes, and TxDPS does not send automatic end-of-period notifications. Cancelling the SR-22 policy early triggers an SR-26 lapse filing, immediately re-suspends your license, requires a new $100 reinstatement fee, and resets the two-year filing clock entirely to zero.

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Frequently Asked Questions

What is the legal BAC limit for DWI in Texas?
The adult per se limit is 0.08% under Penal Code § 49.01. The commercial driver limit is 0.04%. Drivers under 21 commit DUI with any detectable amount. A BAC of 0.15% or higher elevates a first DWI to a Class A misdemeanor and adds a $6,000 state traffic fine under Transportation Code § 709.001 at sentencing.

How long is my license suspended after a first DWI in Texas?
Two tracks apply. The ALR administrative suspension runs 90 days for a failed test or 180 days for a first refusal, taking effect around day 40 after arrest unless a hearing is requested within 15 days of arrest. After conviction, the court sets a criminal suspension of 90 days to one year under Transportation Code § 521.344. First-time offenders receive credit for any ALR refusal suspension time already served toward the criminal period.

Will I need to install an IID after a DWI in Texas?
IID is mandatory if BAC was 0.15% or higher on a first offense, and mandatory for all second and subsequent convictions under Transportation Code § 521.246. For a standard first DWI below 0.15%, IID is discretionary but commonly ordered as a condition of bond or probation. If ordered, a TxDPS Interlock Restricted license is required before operating any vehicle.

How long do I need SR-22 insurance after a DWI in Texas?
Two years from the date of conviction, per TxDPS SR-22 FAQ Section 9. Coverage must be continuous — any lapse triggers an SR-26, re-suspends your license, resets the two-year clock, and requires a new $100 reinstatement fee. TxDPS does not notify you when the period ends; verify completion through the License Eligibility portal before cancelling any SR-22 policy.

Can I get a restricted license during my DWI suspension in Texas?
Yes. An Occupational Driver License (ODL) allows essential driving for work, school, and household duties during a DWI or ALR suspension. You must petition the appropriate county court, obtain a court order, and submit it to TxDPS with your SR-22 and all applicable fees. TxDPS automatically attaches an IID restriction to any ODL issued following a DWI conviction or ALR suspension, per Code of Criminal Procedure Article 42A.407.

How does a DWI conviction affect my auto insurance in Texas?
Conviction triggers high-risk reclassification, significantly elevated premiums, and potential policy cancellation or non-renewal. A mandatory two-year SR-22 endorsement is required. Drivers unable to obtain voluntary-market coverage may apply through TAIPA after rejection by at least two admitted carriers within the past 60 days. TAIPA provides minimum-limits liability coverage at rates typically above the voluntary market.

What is the difference between an administrative and a criminal suspension?
An ALR administrative suspension is imposed by TxDPS — not a court — at the time of arrest for a failed or refused BAC test. It operates independently of the criminal DWI case and can stand even if the charge is dismissed. A criminal suspension is imposed by the court after conviction. Both can result from the same arrest, each carries its own reinstatement fee ($125 for ALR; $100 for Safety Responsibility), and each must be cleared independently.

Key Takeaways

• Texas uses DWI for adults and DUI for drivers under 21. The adult per se BAC limit is 0.08% under Penal Code § 49.04; the commercial limit is 0.04%. A BAC of 0.15% or higher enhances a first DWI to a Class A misdemeanor with higher penalties and a mandatory $6,000 additional state traffic fine under Transportation Code § 709.001.
• Criminal penalties escalate by tier: first DWI (Class B) — up to $2,000 fine, 72 hours to 180 days jail (mandatory 72-hour min), 90 days to 1 year suspension; second DWI (Class A) — up to $4,000, 30 days to 1 year (mandatory 30-day min), 180 days to 2 years; third DWI (Third-Degree Felony) — up to $10,000, 2 to 10 years in TDCJ, 180 days to 2 years. Additional state traffic fines of $3,000 or $4,500 apply based on a 36-month prior conviction window.
• Two parallel suspension tracks apply: ALR — 90 days (failed test) or 180 days (first refusal), $125 reinstatement fee, imposed by TxDPS at arrest, with a 15-day window to request a hearing before automatic suspension takes effect on day 40; criminal — 90 days to 1 year (first DWI) or 180 days to 2 years (second/third), imposed by the court at sentencing. First-time offenders receive credit for ALR refusal time served under Transportation Code § 521.344(c).
• IID is mandatory for BAC ≥ 0.15% on first offense and all second and subsequent DWI convictions. A TxDPS Interlock Restricted license is required to operate any vehicle when an IID is ordered. Any ODL issued after a DWI conviction automatically carries an IID restriction per Code of Criminal Procedure Article 42A.407.
• Complete the required DWI education program within 180 days of conviction. First offenders must complete the 12-hour DWI Intervention Program; subsequent offenders must complete the 32-hour DWI Repeat Offender Program. Missing this deadline triggers a separate license revocation and an additional $100 reinstatement fee.
• A DWI conviction triggers a mandatory two-year SR-22 filing from the conviction date under Transportation Code Chapter 601. Any lapse triggers an SR-26, causes immediate license re-suspension, requires a new $100 reinstatement fee, and resets the full two-year clock. TxDPS does not send end-of-period notifications — verify completion through the License Eligibility portal before cancelling coverage.
• Full reinstatement requires completing both suspension periods, finishing the DWI education program within 180 days of conviction, installing IID if required, obtaining SR-22 coverage, and paying all reinstatement fees ($125 ALR + $100 Safety Responsibility). Drivers denied in the voluntary insurance market may access minimum-limits coverage through TAIPA after rejection by at least two admitted carriers within the past 60 days.

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Disclaimer: This article is provided for general informational and educational purposes only. It does not constitute legal, financial, or insurance advice. DWI laws, penalties, and insurance requirements are subject to change. Verify all current requirements directly with the Texas Department of Public Safety (TxDPS) and the relevant Texas courts, and consult a licensed Texas attorney and a licensed Texas insurance professional for guidance specific to your situation.