Texas DUI Laws: DWI Limit, Penalties and 2026 Rules
Short answer
Yes. Driving while intoxicated is a crime in Texas under Penal Code § 49.04. You are intoxicated at a 0.08 alcohol concentration, or when alcohol or drugs take away your normal use of your mind or body. A first offense is a Class B misdemeanor with 72 hours to 180 days in jail and a fine up to $2,000.
Last verified October 29, 2026 against current Texas law
Texas DUI laws are written under a different name. The statute calls the crime driving while intoxicated, or DWI, and it applies to alcohol, illegal drugs and prescription medicine alike. Most people say DUI, and the rules they are looking for are the same ones in Chapter 49 of the Penal Code.
This guide covers the legal limit, the penalties, the license suspension that starts before any court date, and whether police can run a sobriety checkpoint. It also covers the Texas DWI changes that took effect on September 1, 2025.
| Crime name | Driving while intoxicated (DWI), not DUI, for adults |
|---|---|
| Legal limit, most drivers | 0.08 alcohol concentration |
| Commercial drivers | 0.04 for a commercial driver license holder in a commercial vehicle |
| Drivers under 21 | Any detectable alcohol |
| First offense | Class B misdemeanor, 72 hours to 180 days in jail, fine up to $2,000 |
| Sobriety checkpoints | Not allowed in Texas without statewide authorization (Holt v. State, 1994) |
| Main laws | Penal Code ch. 49, Transportation Code ch. 524, 724, Alcoholic Beverage Code § 106.041 |
| Latest changes | Senate Bill 826, Senate Bill 745 and Senate Bill 1886, all effective September 1, 2025 |
Texas DUI laws: what counts as driving while intoxicated
Texas has two ways to prove you were intoxicated. Under Penal Code § 49.01, you are intoxicated if you do not have the normal use of your mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug or a combination of them. You are also intoxicated if your alcohol concentration is 0.08 or more.
That means you can be charged below 0.08 if an officer can show you were impaired. A person at 0.06 who weaves across lanes and fails field tests can still be arrested, because the first test looks at impairment, not a number.
Drugs count even when they are legal. Under Penal Code § 49.10, having a prescription or being entitled to use a substance is not a defense to DWI. That includes medicine from a doctor. Our guide to weed laws in Texas covers how marijuana fits in.
DWI versus DUI in Texas
Adults are charged with DWI. The word DUI shows up in the law for minors: Alcoholic Beverage Code § 106.041 makes it a Class C misdemeanor for anyone under 21 to drive in a public place with any detectable amount of alcohol in their system. The offense also carries 20 to 40 hours of alcohol-related community service for a first conviction.
The DWI statute covers operating a motor vehicle in a public place. That includes roads and other areas open to the public, such as parking lots.
What is the legal BAC limit in Texas?
The legal limit in Texas is 0.08 alcohol concentration for most adult drivers. The 0.08 number became part of the intoxication definition on September 1, 1999, when Senate Bill 114 lowered it from 0.10.
| Driver | Limit that matters | What happens |
|---|---|---|
| Adult, 21 or older | 0.08 alcohol concentration | DWI under Penal Code § 49.04 |
| Adult, any impairment | No set number | DWI if you lack normal use of your faculties |
| Commercial driver license holder | 0.04 in a commercial vehicle | One-year disqualification from driving a commercial vehicle for a first offense under Transportation Code § 522.081 |
| Driver under 21 | Any detectable alcohol | Class C misdemeanor under Alcoholic Beverage Code § 106.041 |
| Any driver, 0.15 or higher | 0.15 | Penalty rises to a Class A misdemeanor |
Alcohol concentration is measured in grams of alcohol per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine. Breath machines are the most common test, but a blood test works the same way for the law.
Texas DWI penalties
A first DWI is a Class B misdemeanor with a minimum of 72 hours in jail. Facts around the stop can push the same offense up a class or into felony range. The table below uses the punishment ranges from Penal Code §§ 12.21 to 12.35.
| Offense | Class | Jail or prison | Fine up to |
|---|---|---|---|
| First DWI | Class B misdemeanor | 72 hours to 180 days | $2,000 |
| First DWI with open container | Class B misdemeanor | At least 6 days, up to 180 days | $2,000 |
| DWI at 0.15 or higher | Class A misdemeanor | Up to 1 year | $4,000 |
| DWI with one prior conviction | Class A misdemeanor | 30 days to 1 year | $4,000 |
| DWI with a passenger under 15 | State jail felony | 180 days to 2 years | $10,000 |
| DWI in a school crossing zone while the reduced speed limit applies | State jail felony | 180 days to 2 years | $10,000 |
| DWI with two prior intoxication convictions | Third-degree felony | 2 to 10 years | $10,000 |
| Intoxication assault | Third-degree felony | 2 to 10 years | $10,000 |
| Intoxication manslaughter | Second-degree felony | 2 to 20 years | $10,000 |
Those are the ranges a court can order. Judges can place a defendant on community supervision (probation) instead of jail, usually with conditions such as classes and a license suspension.
A prior conviction counts even if the sentence was probated. Under Penal Code § 49.09, a deferred adjudication for DWI also counts as a prior conviction when a later DWI is charged.
Ignition interlock and the end of surcharges
For some repeat offenders within five years of an earlier offense, Penal Code § 49.09(h) requires a breath-alcohol ignition interlock device on every vehicle the person owns or operates, paid for by the driver. Judges can also order one as a condition of probation for a first offense.
One cost you will not face is the old yearly surcharge. The Driver Responsibility Program ended on September 1, 2019 under House Bill 2048, and the Department of Public Safety (DPS) waived existing surcharges at that time.
New DWI laws in Texas: what changed in 2025
The Legislature changed several DWI rules in 2025, and all of these laws took effect on September 1, 2025. Senate Bills 826 and 745 apply only to offenses committed on or after that date, and Senate Bill 1886 applies to warrants issued on or after it. The Legislature meets in regular session in odd-numbered years, and we found no later changes to Penal Code Chapter 49 as of October 2026. The next regular session starts January 12, 2027.
| Law | What it does | Effective |
|---|---|---|
| Senate Bill 826 | Makes DWI in a school crossing zone a state jail felony during the hours the reduced speed limit applies (Penal Code § 49.04(e)) | September 1, 2025 |
| Senate Bill 745 | Makes intoxication manslaughter a first-degree felony when more than one person dies in the same criminal transaction (Penal Code § 49.09(b-2)) | September 1, 2025 |
| Senate Bill 1886 | Lets any peace officer execute a blood specimen warrant in a county next to the county where the judge issued it, for intoxication offenses under Penal Code ch. 49 (Code of Criminal Procedure art. 18.067) | September 1, 2025 |
For a wider look at what took effect in the last session, see our guide to new Texas laws.
Are DWI checkpoints legal in Texas?
No. Sobriety checkpoints are not allowed in Texas in practice. In Holt v. State, 887 S.W.2d 16 (Tex. Crim. App. 1994), the Court of Criminal Appeals held that DWI roadblocks are unconstitutional under the Fourth Amendment unless a politically accountable governing body first authorizes them for the whole state.
We found no Texas statute that provides that authorization, so police cannot stop every car at a fixed point to look for drunk drivers. The United States Supreme Court allowed checkpoints in Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990), but Texas courts read that case as requiring state-level approval first.
Police can still pull you over for a traffic violation or for driving that suggests impairment. Officers still need a reason to stop each car.
What happens at a DWI stop: breath tests, refusal and blood warrants
Under the implied consent law, a person arrested for DWI is considered to have agreed to a breath or blood test (Transportation Code § 724.011). You can still say no. The price is a longer license suspension and a refusal that can be used against you in court.
Before asking for a specimen, the officer must tell you in writing and out loud about the license consequences (Transportation Code § 724.015). If you refuse, the suspension is at least 180 days, or two years if you had an alcohol-related enforcement contact in the previous 10 years (Transportation Code § 724.035).
A refusal does not always end the test. An officer cannot force a blood draw unless the officer has a warrant, or probable cause that exigent circumstances exist, under Transportation Code § 724.012. Since Senate Bill 1886, any peace officer, not only one with arrest authority in that county, can carry out a signed blood warrant in a county adjacent to the one where the warrant was issued.
A no refusal weekend is a coordinated effort where police, prosecutors and a magistrate are ready to approve blood warrants on the spot. DPS and local agencies have scheduled them for busy weekends, such as the Lubbock effort DPS announced in 2018.
Losing your license before the case is decided
A DWI arrest sets off two separate cases. One is the criminal case in court. The other is an administrative license suspension through DPS under Transportation Code ch. 524, and it moves faster.
| Situation | Suspension | Law |
|---|---|---|
| Adult, failed test, no alcohol-related contact in prior 10 years | 90 days | Transportation Code § 524.022 |
| Adult, failed test, prior alcohol-related contact in prior 10 years | 1 year | Transportation Code § 524.022 |
| Adult who refused a test | 180 days, or 2 years with a prior contact | Transportation Code § 724.035 |
| Minor, no prior qualifying conviction | 60 days | Transportation Code § 524.022 |
| Conviction, first offense | 90 days to 1 year | Transportation Code § 521.344 |
You have 15 days from receiving the notice to request a hearing, or the suspension takes effect on the 40th day. The hearing request must reach DPS in writing under Transportation Code § 524.031. A timely request stays the suspension until the administrative judge decides (Transportation Code § 524.032).
If your license is suspended after a conviction, you may be able to ask a court for an occupational license that lets you drive to work and for other essential needs. A court, not DPS, grants it. After a DWI conviction you file with the court that convicted you. For an administrative suspension after an arrest or refusal, you file with a justice, county or district court in the county where you live or where the arrest happened.
Texas DWI rules in Houston, Dallas, Austin, San Antonio and Fort Worth
The DWI statute is the same in every Texas city, and no city can set its own legal limit. What differs is how county prosecutors and local police handle cases.
- Fort Worth and Tarrant County: The Tarrant County Criminal District Attorney’s Office says the county is “no refusal” year-round, not just on holiday weekends. Local officials announced the year-round policy in 2020, and the office restated it in December 2024.
- Houston, Dallas, Austin and San Antonio: State law decides the charge in all four. Ask the court clerk or a Texas-licensed defense attorney how your county handles first offenses.
Myths vs. facts about Texas DWI
| Myth | Fact |
|---|---|
| “I can drive if I stay under 0.08.” | You can be charged at any level if the officer can show you lost normal use of your faculties. |
| “If I refuse the breath test, they cannot do anything.” | Refusal triggers a license suspension of 180 days or more, and police can seek a blood warrant. |
| “It is only a DWI if I am on the road.” | Parking lots and other public places count. |
| “My prescription makes it legal.” | Having a prescription is not a defense under Penal Code § 49.10. |
| “Texas runs sobriety checkpoints on holidays.” | Checkpoints are not allowed without statewide authorization. |
| “A probated DWI will not count later.” | A probated sentence still counts as a prior conviction under Penal Code § 49.09. |
Frequently asked questions
What is the legal definition of intoxication in Texas?
Under Penal Code § 49.01, you are intoxicated if you do not have normal use of your mental or physical faculties because of alcohol, a drug or another substance, or if your alcohol concentration is 0.08 or more. Either one is enough. The first test is about impairment, so a number below 0.08 does not protect you.
What is the legal limit in Texas?
The legal limit is 0.08 alcohol concentration for most adult drivers. It is 0.04 for commercial driver license holders operating a commercial vehicle, and any detectable amount for drivers under 21. A person with a lower reading can still be charged if impairment is shown.
Are DUI checkpoints legal in Texas?
No, not in practice. The Court of Criminal Appeals held in Holt v. State (1994) that DWI roadblocks are unconstitutional without statewide authorization from an accountable governing body. We found no Texas statute that provides one. Police can still stop individual cars for traffic violations or signs of impairment.
When did drunk driving become illegal in Texas?
Texas has treated driving while intoxicated as a crime for many years. The key modern change came on September 1, 1999, when Senate Bill 114 lowered the per se alcohol concentration from 0.10 to 0.08. That is the limit still in use today.
What are the new DWI laws in Texas?
The newest changes took effect September 1, 2025. Senate Bill 826 makes DWI in a school crossing zone a state jail felony, Senate Bill 745 raises intoxication manslaughter to a first-degree felony when more than one person dies, and Senate Bill 1886 lets any peace officer execute a blood warrant in a county adjacent to the one where it was issued. The next regular session begins January 12, 2027.
Can I be charged with DWI for being drunk in a parked car?
Possibly. The statute covers operating a motor vehicle in a public place, and courts look at the facts of each case. The safest choice after drinking is not to be behind the wheel at all, even in a parking lot.
What changed on this page
October 29, 2026: First published and verified against current Texas law. Covers the 0.08 limit, penalties, license suspension rules, checkpoints, and the September 1, 2025 changes in Senate Bills 826, 745 and 1886.
If this affects you: if you have been arrested for DWI, speak with a Texas-licensed criminal defense attorney right away, because the 15-day deadline to request a license hearing runs from the day you receive the notice. To check the status of your driving record, contact the Texas Department of Public Safety. This guide is general legal information, not advice for your situation. For related rules, see our Texas driving and vehicle law guides and our guide to Texas alcohol laws, which covers the drinking age and sales hours. Read how we research every guide in our editorial policy, or report an error.
