What happens if I get a DUI/DWI in Texas?

Texas calls the offense "DWI" (driving while intoxicated) and defines intoxication broadly to include both per se BAC and loss of mental or physical faculties.

1. Per Se BAC Standard

Tex. Penal Code § 49.01(2) defines intoxication as either lack of normal use of faculties or BAC of 0.08% or more. Commercial drivers face a 0.04% limit under Tex. Transp. Code § 522.081, and any detectable alcohol triggers a "DUI by Minor" under Alco. Bev. Code § 106.041 for those under 21.

2. Implied Consent

Tex. Transp. Code § 724.011 requires submission to breath or blood testing. A first refusal triggers a 180-day license suspension; a second refusal within 10 years results in a 2-year suspension under § 724.035.

3. First-Offense Penalties

Class B misdemeanor under § 49.04 with 72 hours to 180 days jail, fine up to $2,000, and 90-365 day license suspension. The state also imposes an annual "Driver Responsibility Program" surcharge (replaced in 2019 by a one-time $3,000-$6,000 conviction fee under HB 2048). Ignition interlock is mandatory for BAC 0.15%+ under § 49.09(h).

4. Enhancements

Second DWI is a Class A misdemeanor; third DWI is a third-degree felony (2-10 years prison) under § 49.09(b). DWI with child passenger under 15 is a state-jail felony (§ 49.045). Intoxication assault (§ 49.07) and intoxication manslaughter (§ 49.08) are second-degree felonies.

5. Administrative License Suspension (ALS)

The arresting officer serves a Notice of Suspension and you have 15 days to request an ALR hearing with the Texas Department of Public Safety. Missing the deadline waives the hearing and triggers automatic suspension.

6. Court Process

Arraignment, pretrial discovery under the Michael Morton Act, motions to suppress under Tex. Code Crim. Proc. art. 38.23, plea bargaining, and jury trial.

7. Long-Term Consequences

SR-22 financial responsibility for 2 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), employment background impact, and the conviction is non-expungeable under § 411.072.

This is legal information, not legal advice.