Texas DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Texas, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Texas DUI At a Glance
First Offense DUI in Texas
72 hours–180 days jail, $2,000 fine, 90-day–1 year suspension
Texas has an administrative license revocation program
Second Offense DUI in Texas
30 days–1 year, $4,000 fine, 180 days–2 year suspension
When Does a DUI Become a Felony in Texas?
In Texas, a DUI typically becomes a felony charge at the 3rd offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Texas DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Texas
Texas, like all U.S. states, has an implied consent law. By driving on Texas roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Texas
Different states use different terminology. Texas uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Texas
If you are facing a DUI charge in Texas, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension