Texas DWI Laws: 2025 DUI Charges Guide

Getting Started

After a DWI arrest in Texas, you’ll face both administrative proceedings through the Department of Public Safety (DPS) and criminal proceedings through the court system. This guide provides general information about Texas DWI laws, but it’s not legal advice. For case-specific guidance, consult a qualified DWI attorney who specializes in Texas DWI defense.

Definitions to Know

Texas Department of Public Safety (DPS) 

The Texas Department of Public Safety handles the administrative aspects of DWI cases, including license suspensions, reinstatements, and monitoring of compliance with IID requirements. The DPS enforces license suspensions through the Administrative License Revocation (ALR) program, issues occupational (restricted) licenses, and monitors SR-22 filings. You can find information about alcohol-related offenses and license requirements on the DPS website. 

Steps to Take After DWI Arrest in Texas

1. Hire an Attorney

   A DWI defense attorney can help navigate both administrative and criminal proceedings.

2. Request an Administrative License Revocation (ALR) Hearing

   You have only 15 days from your arrest to request this hearing to contest your license suspension.

3. Apply for an Occupational License

   If eligible, you may apply for a restricted license that allows limited driving privileges.

4. Install an IID

   Required for certain offenses, particularly for repeat offenders or first-time offenders with high BAC levels.
   Explore IIDs

5. File an SR-22 Form

   You’ll need to maintain this special certificate of insurance for at least two years after a DWI conviction.

6. Complete Substance Abuse Evaluation

   The court may order an assessment to determine appropriate treatment.

7. Pay Fines and Fees

   DWI convictions carry significant financial penalties ranging from $2,000 to $10,000 depending on the offense.

8. Complete DWI Education Program

   You’ll need to complete a state-approved alcohol education program.

9. Complete DWI Education Program

   Mandatory alcohol education courses through SATOP.

10. Attend Court Proceedings

    Your criminal case proceeds through court separately from administrative actions.

11. Serve Probation

    If sentenced to probation, you must comply with all conditions, including regular check-ins and abstaining from alcohol.

12. Avoid Further Violations

    Additional offenses during probation or license suspension can result in severe consequences, including extended suspension periods and jail time.

DWI Laws in Texas

What Are the Legal Driving Alcohol Limits in Texas?

In Texas, it’s illegal to drive if you’re intoxicated by alcohol, drugs, or both. The law defines intoxication as having a blood alcohol concentration (BAC) above the legal limit or not having normal use of mental or physical faculties due to substance use. Police typically measure BAC through blood tests, breath tests, or both during a DWI stop.

Felony vs Misdemeanor DWI Charges

Texas classifies DWI offenses as either misdemeanors or felonies depending on the circumstances and prior record of the offender.

First and second DWI are typically classified as misdemeanors. A first-time DWI with a BAC below 0.15% is a Class B misdemeanor, punishable by up to 180 days in jail and fines up to $2,000. A first-time DWI with a BAC of 0.15% or higher is a Class A misdemeanor, carrying up to one year in jail and fines up to $4,000. A second DWI offense is a Class A misdemeanor.

A DWI becomes a felony in Texas under these circumstances:

• Third or subsequent DWI offense (third-degree felony)
• DWI with a child passenger under 15 years old (state jail felony)
• DWI resulting in serious bodily injury (intoxication assault – third-degree felony)
• DWI resulting in death (intoxication manslaughter – second-degree felony)

Felony DWI convictions can result in prison sentences from 2 to 20 years, depending on the specific charge and circumstances.

What Are Drunk Driving Diversion Programs in Texas?

Texas offers DWI intervention programs for first-time offenders in some jurisdictions. These programs typically involve probation, community service, alcohol education, treatment, and regular court appearances. Successful completion may lead to reduced charges or penalties, but eligibility varies by county and individual circumstances.

Refusing a Chemical Test Under Texas DWI Law

Texas has an “implied consent” law, meaning that by driving in Texas, you’ve agreed to chemical testing if arrested for DWI. Refusing a breath or blood test has serious consequences:

Even if you refuse testing, officers can obtain a warrant to draw your blood forcibly in many circumstances.

DWI Penalties & Consequences

Penalties for DWI Offenses in Texas

Texas imposes escalating penalties for DWI convictions:

Aggravating Factors That Increase Texas DWI Penalties

In Texas, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:

• High BAC (0.15% or above)
• Child passenger under 15 years old
• Causing an accident resulting in injury or death
• Open container of alcohol in the vehicle
• Multiple previous DWI convictions
• Driving with a suspended license due to a prior DWI
• Refusing breath or blood testing

Driving Without a Valid License

Driving while your license is suspended after a DWI is a serious offense in Texas. If caught, you face additional charges for Driving While License Invalid (DWLI), which carries penalties including:

• Additional fines up to $4,000
• Jail time up to 180 days
• Extended license suspension period
• Ineligibility for an occupational license
• Vehicle impoundment

These consequences compound your existing DWI penalties and create a cycle of legal problems that become increasingly difficult to resolve. Additionally, driving without a valid license typically violates auto insurance policies, leaving you financially vulnerable if involved in an accident.

License Suspension

Who Determines if You Can Continue Driving After a DWI

In Texas, both the Department of Public Safety (DPS) and the courts play roles in determining driving privileges after a DWI.

The DPS handles administrative license suspensions through the Administrative License Revocation (ALR) program. This process is separate from your criminal case and can result in license suspension even if you’re not convicted of DWI. You have the right to request an ALR hearing within 15 days of arrest to contest this suspension.

The criminal courts impose additional license suspensions upon conviction. Court-ordered suspensions run consecutively with (not concurrently to) administrative suspensions in many cases.

How Long Will Your License Be Suspended?

A DWI arrest and/or conviction in Texas results in license suspension periods that vary based on the offense and circumstances:

Steps to Reinstate Your License

To get your license back after a DWI-related suspension in Texas:

1. Serve your full suspension period
2. Pay reinstatement fees ($125 plus additional surcharges)
3. Provide proof of insurance through an SR-22 form for at least two years
4. Complete required DWI education programs
5. Install an IID if ordered by the court or required for an occupational license¹
6. Submit all required documentation to the Texas DPS

How to Apply for Temporary Restricted Driver’s License

To obtain an occupational license in Texas:

1. File a petition with the court in your county of residence
2. Provide documentation proving your essential need to drive
3. Submit an SR-22 insurance certificate
4. Install an IID in all vehicles you operate (if required)
5. Attend the court hearing
6. Pay all required fees
7. Submit the court order and required documentation to Texas DPS
8. Maintain a driving log of all travel while using the occupational license

Texas Ignition Interlock Device (IID) Requirements

Texas law requires an ignition interlock device for:

• All repeat DWI offenders
• First-time offenders with a BAC of 0.15% or higher
• Most people seeking an occupational license after a DWI

The IID device must be installed in all vehicles you own or regularly operate. You’re responsible for all installation and monitoring costs (typically $70-100 for installation and $60-90 monthly for monitoring). The device requires you to provide a breath sample before starting your vehicle and at random intervals while driving. Any failed tests are reported to monitoring authorities. Tampering with or attempting to circumvent the device is a criminal offense¹.

Selecting the right ignition interlock provider can make a world of difference.

Find the Right Interlock Provider

SR-22 Insurance Requirements

After a DWI conviction in Texas, you may be required to:

• Obtain an SR-22 certificate from an authorized insurance provider
• Maintain continuous coverage for at least two years
• Pay increased insurance premiums (typically 25-100% higher than standard rates)
• File the SR-22 with the Texas DPS

If your SR-22 coverage lapses during the required period, your insurer will notify the DPS, and your license will be immediately suspended again. You’ll need to restart the process, including paying all reinstatement fees.

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Assessment and Treatment

Texas courts typically mandate substance abuse evaluation and treatment after a DWI conviction. This includes:

1. Assessment A professional evaluation to determine the extent of any substance use issues
2. Education
   A 12-hour DWI education program for first-time offenders, which must be completed within 180 days of probation to avoid license suspension
3. Intervention
   A 32-hour DWI intervention program for repeat offenders
4. Treatment
   Additional counseling or treatment as determined by the assessment
5. Follow-up
   Ongoing monitoring and testing during probation

These programs must be completed through Texas-approved providers, and you’re responsible for all associated costs.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DWIs in Texas

Sources

1. Texas Department of Public Safety. Alcohol-Related Offenses. https://www.dps.texas.gov/section/driver-license/alcohol-related-offenses
2. Texas Department of Transportation. Impaired Driving. https://www.txdot.gov/safety/driving-laws/impaired-driving.html
3. FindLaw. Overview of Texas DWI Laws. https://www.findlaw.com/state/texas-law/overview-of-texas-dwi-laws.html
4. National College for DUI Defense. Texas DWI Laws. https://www.ncdd.com/texas-dwi-laws
5. Texas Department of Public Safety. Ignition Interlock Devices. https://www.dps.texas.gov/section/driver-license/ignition-interlock-devices
6. Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22). https://www.dps.texas.gov/section/driver-license/financial-responsibility-insurance-certificate-sr-22
7. Texas Department of Licensing and Regulation. Court Ordered Drug and Alcohol Education Programs. https://www.tdlr.texas.gov/court-ordered/drug-and-alcohol/search/?type=DWIE