 Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |
“DUI” is a criminal offense in Texas — though it’s worth clarifying which one you mean. Texas law technically reserves “DUI” for minors under 21 driving with any detectable alcohol (a Class C misdemeanor), while “DWI” covers adults with a BAC of 0.08% or higher. Most people searching “is a DUI a criminal offense” are asking about the adult version — see our full breakdown of the DUI vs. DWI distinction if the terminology matters for your situation. Either way, yes — both are criminal offenses under Texas law, and penalties escalate significantly with repeat offenses or aggravating circumstances.
Definition of the Offense
Driving under the influence isn’t limited to alcohol. You can face charges for impairment by illegal drugs like marijuana and cocaine, prescription medications such as opioids and benzodiazepines, and even over-the-counter drugs containing dextromethorphan or diphenhydramine.
Impairment doesn’t require complete intoxication — partial impairment is enough for a charge. Law enforcement can detect impairment through chemical tests, field sobriety tests, and observed erratic behavior. Drivers can be charged even without chemical test results, if erratic or dangerous driving combined with failed field sobriety tests supports the charge. Under Texas law specifically, minors can face charges for any detectable alcohol at all — see our complete guide to DUI and DWI in Texas for the full legal framework.
Misdemeanor vs. Felony Charges
Understanding the distinction between misdemeanor and felony charges is essential, as the implications can profoundly affect your life.
A first offense with no prior convictions or aggravating circumstances is typically a Class B misdemeanor in Texas, carrying fines up to $2,000, up to 180 days in jail, and a license suspension of 90 days to a year. A third offense, by contrast, is prosecuted as a third-degree felony — fines up to $10,000 and 2 to 10 years in state prison, along with the loss of certain civil rights.
Both misdemeanor and felony cases benefit from legal representation, though felony cases demand more specialized defense given the stakes involved. A conviction often also requires filing an SR-22 insurance certificate to prove financial responsibility before driving privileges are restored.
Factors Elevating Severity
The severity of a charge can escalate considerably based on several factors, leading to harsher penalties and longer-lasting consequences.
A blood alcohol concentration (BAC) above 0.15% classifies the charge as aggravated. Prior offenses play a significant role — repeat offenders face higher fines, longer suspensions, and mandatory jail time. If the offense involves an accident resulting in injury or death, expect severe repercussions, especially if minors were present in the vehicle. Additional aggravating circumstances, like driving with an already-suspended license, further compound the situation. Having non-owner SR-22 insurance may be necessary for those needing to drive legally after a license suspension tied to this kind of charge.
Penalties by Offense Number
Penalties escalate substantially with each subsequent conviction in Texas. A first offense carries a fine up to $2,000, up to 180 days in jail, and a license suspension of 90 days to a year. A second offense raises the fine ceiling to $4,000, with a mandatory minimum of 30 days in jail (up to one year) and a suspension of 180 days to two years.
A third offense is a felony — fines up to $10,000, 2 to 10 years in prison, and the same 180-day to two-year suspension range. Beyond fines and jail time, expect mandatory alcohol assessments and treatment, community service, and — depending on the circumstances — installation of an ignition interlock device.
Long-Term Consequences
While many focus on the immediate penalties, the long-term consequences can be even more far-reaching.
Financially, you’ll face steep fines, rising insurance premiums, and potential job loss tied to driving restrictions — disruption that can affect your whole household, not just you. Your reputation may suffer too, as a public criminal record can limit future job and educational opportunities, and in some cases even travel. The emotional toll — guilt, shame, anxiety, and strain on relationships — is real and worth acknowledging rather than minimizing.
Conclusion
A DUI or DWI conviction in Texas is a genuine criminal offense with consequences that extend well beyond the initial fine or jail sentence. Understanding the distinction between misdemeanor and felony charges, the factors that elevate severity, and the long-term financial and personal impact gives you a realistic picture of what’s actually at stake — and why prioritizing safety on the road matters well beyond avoiding a ticket.
| Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |