Blog Post
Dwi Charges in Texas
3/21/2026
Under Texas law, Driving While Intoxicated (DWI) means operating a motor vehicle while impaired by alcohol or drugs. You are legally intoxicated if your Blood Alcohol Concentration (BAC) is 0.08% or higher—but DWI cases aren’t always that straightforward.
Commercial drivers are subject to a stricter 0.04% BAC limit.
Drivers under 21 can be charged for any detectable amount of alcohol under Texas’s zero-tolerance policy.
DWI laws in Texas are strict—and penalties escalate quickly. Prior convictions, a high BAC, or dangerous circumstances can significantly increase the consequences.
First Offense (Class B Misdemeanor)
Fine up to $2,000
3 to 180 days in jail
License suspension: 90 days to 1 year
Possible installation of an ignition interlock device (IID)
If the BAC is 0.15% or higher, the charge may be enhanced to a Class A misdemeanor, increasing potential penalties.
Second Offense (Class A Misdemeanor)
Fine up to $4,000
30 days to 1 year in jail
License suspension: up to 2 years
Mandatory ignition interlock device
Third Offense (Felony DWI – Third Degree Felony)
Fine up to $10,000
2 to 10 years in state prison
License suspension: up to 2 years
Required alcohol education programs, community supervision, or counseling
A felony conviction can also permanently affect employment opportunities, professional licenses, and firearm rights.
Aggravating Factors
Certain circumstances can elevate a DWI charge or increase penalties, including:
A BAC of 0.15% or higher
Driving with a child passenger under 15 years old (State Jail Felony)
Causing serious bodily injury (Intoxication Assault)
Causing death (Intoxication Manslaughter)
These enhancements can result in substantial prison time and long-term consequences.
What This Means for You
If you’re thinking, “That’s worse than I expected,” you’re not alone. Texas treats DWI offenses seriously—but being charged does not mean you’re automatically guilty or out of options.
There may be defenses involving:
The legality of the traffic stop
Field sobriety test procedures
Breath or blood test accuracy
Constitutional violations
Acting quickly is critical. Early intervention by an experienced DWI defense attorney can make a meaningful difference in protecting your license, your record, and your future.
Arlington Criminal Attorneys
3901 Arlington Highlands Blvd, Suite 200
Arlington, TX 76018