DUI Laws in Texas: 0.08% BAC Limit (2026)

By Alex Harmon · Updated June 2026

Key Penalty Facts at a Glance

Overview of Texas DWI Law

Texas law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For drivers under 21, the state enforces a lower threshold of 0.00% under its zero-tolerance provisions. Commercial drivers must remain below the federal 0.04% BAC standard regardless of state law.

Texas Penal Code § 49.04 governs DWI (Driving While Intoxicated) offenses — Texas uses the term DWI, not DUI. Under Texas law, intoxication means having a BAC of 0.08% or higher, or not having the normal use of mental or physical faculties by reason of alcohol, drug, or other substance. First-offense DWI carries fines up to $2,000, 3 days to 6 months in jail, and a 90-day license suspension.

First-Offense DWI Penalties in Texas

A first DWI conviction in Texas carries the following consequences:

• Fine: Up to $2,000
• Jail time: 3 days–6 months
• License suspension: 90 days
• Ignition interlock device: Required

Texas enforces zero tolerance (0.00%) for drivers under 21 under its own DUI statute (separate from the adult DWI statute). Texas requires ignition interlock devices for DWI convictions. The state also charges an annual Driver Responsibility Surcharge (though this program has had legislative changes). Intoxication Assault and Intoxication Manslaughter are separate felony offenses for DWI causing injury or death. Texas uses a 10-year lookback for prior DWI convictions for felony enhancement.

Beyond these court-imposed penalties, a DUI arrest in Texas will typically trigger an administrative license suspension through the state DMV — separate from the criminal case. This suspension begins shortly after arrest when a driver fails or refuses a chemical test. Drivers generally have a limited window (often 10–30 days) to request a hearing to contest the administrative suspension.

What Happens During a DWI Stop in Texas?

During a DWI stop in Texas, an officer who observes signs of impairment — bloodshot eyes, slurred speech, odor of alcohol — may ask you to perform standardized field sobriety tests (SFSTs). These include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. If the officer determines there is probable cause, you will be asked to submit to a preliminary breath test (PBT) roadside, followed by an evidentiary breath or blood test at the station. Your right to remain silent applies — you are not obligated to answer questions beyond identifying yourself. However, refusing chemical testing triggers the implied consent suspension.

Ignition Interlock Device (IID) Requirements

An ignition interlock device (IID) is required for DWI convictions in Texas. An IID is a breath-testing device installed in the vehicle that requires the driver to provide a clean breath sample before the engine will start. The device also performs rolling retests while driving. IID costs typically include installation ($70–$150), monthly monitoring fees ($60–$90), and removal costs. The IID requirement period varies based on offense history and BAC level.

CDL and Commercial Driver Rules

Commercial drivers operating in Texas must adhere to the federal 0.04% BAC limit. A first DWI conviction results in a one-year CDL disqualification. A second DUI offense, or a first offense involving hazardous materials, triggers a lifetime CDL revocation. Commercial drivers cannot use the CDL Disqualification Petition for reinstatement after a second offense.

Implied Consent Law in Texas

Like all 50 states, Texas has an implied consent law. By operating a motor vehicle on public roads, drivers automatically consent to chemical testing (breath, blood, or urine) if lawfully arrested on suspicion of DWI. Refusal to submit to testing carries its own administrative consequences, including an automatic license suspension independent of the criminal case outcome. In some states, refusal can even be introduced as evidence of consciousness of guilt in the criminal proceeding.

Secondary Consequences of a DWI Conviction

Beyond the immediate legal penalties, a DWI conviction in Texas carries significant secondary consequences. Auto insurance premiums can increase 50–100% or more, and many insurers require an SR-22 certificate of financial responsibility for three years post-conviction. Employment background checks will reveal a criminal conviction (for states where first-offense DUI is criminal). Certain professional licenses — nursing, law, commercial driving, teaching — may be affected. A DWI conviction can also affect custody arrangements, housing applications, and federal benefits eligibility.

• SR-22 insurance requirement for 3 years (major premium increases)
• Potential impact on professional licenses (nursing, law, CDL, real estate)
• Background check disclosure for employment applications
• Impact on custody and family law proceedings
• Possible federal consequences for federal employees or military personnel
• Increased scrutiny on future background checks for firearms purchases

Repeat Offense Escalation

Penalties in Texas escalate significantly for repeat DWI offenders. A second offense within the state's lookback period typically results in longer mandatory jail sentences, higher fines, extended license revocation, and mandatory ignition interlock device installation. Three or more DUI offenses often trigger felony charges with state prison sentences rather than county jail. Repeat offenders may also face vehicle forfeiture in some circumstances.

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