What are DWI penalties in Texas?

Texas calls drunk driving 'Driving While Intoxicated' (DWI) and prosecutes it aggressively under Penal Code Chapter 49.

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, and any detectable alcohol for drivers under 21 (zero tolerance under Alcoholic Beverage Code § 106.041).

2. First Offense — Class B misdemeanor: 72 hours to 180 days in county jail, fine up to $2,000, 90-day to 1-year license suspension, plus a $3,000 'driver responsibility' surcharge or super fine (HB 2048 replaced the old surcharge program with a one-time fine).

3. First Offense with BAC .15+ — Elevated to Class A misdemeanor: up to 1 year jail and $4,000 fine.

4. Second Offense — Class A misdemeanor: 30 days to 1 year jail, $4,000 fine, 180-day to 2-year license suspension, mandatory IID, and a $4,500 super fine.

5. Third Offense — Third-degree felony: 2 to 10 years in state prison, $10,000 fine, 180 days to 2-year license suspension, and a $6,000 super fine.

6. Intoxication Assault (§ 49.07) — Third-degree felony for causing serious bodily injury: 2-10 years prison.

7. Intoxication Manslaughter (§ 49.08) — Second-degree felony: 2-20 years prison.

8. Implied Consent and Refusal — Refusing a breath or blood test results in an automatic 180-day license suspension for a first refusal and 2 years for a subsequent refusal under Transportation Code § 724.035.

9. Ignition Interlock — Mandatory for all repeat offenders and for first offenders with BAC .15+. Many counties require IID for all DWI offenders during pretrial release.

10. Aggravating Factors — Open container adds 6 days minimum jail; child passenger under 15 is a separate state-jail felony under § 49.045 (180 days to 2 years).

This is legal information, not legal advice.