DWI in Texas: Charges, Penalties, and Defense

Legally reviewed by Chris Jeansonne, Criminal Defense Attorney, Dunham & Jones, Attorneys at Law, P.C. · Last reviewed: October 12, 2026

A DWI is one of the most common ways an otherwise law-abiding Texan ends up in the criminal justice system, and one of the most misunderstood. A first offense is usually a misdemeanor, but the penalties, the separate driver’s license case, and the long-term costs are more serious than most people expect, and the charge can climb to a felony faster than many realize.

This guide is an overview of how DWI works in Texas, from how the state defines intoxication to the penalties at each offense level, the license consequences, the testing issues, and the defenses that may apply. Each section links to a more detailed article on that specific topic.

What Counts as DWI in Texas?

Under Texas law, a person commits DWI by operating a motor vehicle in a public place while intoxicated. “Intoxicated” has two separate definitions: having an alcohol concentration of 0.08 or higher, or not having the normal use of mental or physical faculties because of alcohol, a drug, a controlled substance, or a combination of substances.

That second definition matters. A DWI is not strictly an alcohol offense, and a driver can be charged even with a result under 0.08 if the state alleges lost faculties. For how the terms are used and how the thresholds work, see the difference between a DUI and a DWI in Texas, our Texas BAC chart, and Texas alcohol laws. If you were charged without feeling drunk or without drinking at all, see what happens when you get a DWI but weren’t drunk.

DWI Penalties in Texas by Offense Level

DWI penalties escalate with prior convictions and with certain aggravating facts. For the full picture of fines, jail exposure, and collateral costs, see DWI consequences in Texas.

First DWI

An ordinary first DWI is a Class B misdemeanor, punishable by up to 180 days in jail with a 72-hour minimum, a fine of up to $2,000, and a separate $3,000 state fine. A full breakdown, including the open-container rule and the license deadline, is in our guide to a first DWI in Texas.

Second DWI

A second DWI, with one qualifying prior, is generally a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000, plus a separate state fine.

Felony (Third or Subsequent) DWI

A DWI with two qualifying prior intoxication convictions is generally a third-degree felony, punishable by 2 to 10 years in prison, and additional prior felonies can push the range higher. Our guide to felony DWI in Texas explains how old convictions and out-of-state or different-substance priors can count.

When a First Offense Is Already a Felony

Some circumstances make even a first DWI a felony, including DWI with a passenger younger than 15, DWI in a school crossing zone under a 2025 change in the law, and intoxication assault or intoxication manslaughter when someone is seriously injured or killed. A blood alcohol concentration of 0.15 or higher also raises a first offense to a Class A misdemeanor.

Arrested for DWI in Texas? Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.

Drugged Driving, THC, and Prescription Medication

Because Texas defines intoxication to include drugs and combinations of substances, a DWI can involve marijuana, THC, prescription medication, or illegal drugs rather than alcohol. Unlike alcohol, there is no settled numerical threshold for THC, which makes these cases heavily dependent on toxicology, timing, and driving evidence. If your case involves drugs or a result below the alcohol limit, see what happens when you get a DWI but weren’t drunk.

Your Driver’s License: the ALR Case

A Texas DWI arrest creates two separate proceedings: the criminal case and an administrative driver’s license case known as Administrative License Revocation, or ALR. After certain test failures or refusals, the state can suspend your license regardless of the criminal outcome, and you generally have only 15 days after notice to request a hearing. Because that deadline can arrive long before the criminal case resolves, acting quickly matters. See whether you will lose your Texas driver’s license after a DWI.

DWI Testing: Breath, Blood, and Field Sobriety

Much of a DWI case turns on testing, and testing can be challenged. Field sobriety exercises are evidence, not proof, and performance can be affected by conditions unrelated to intoxication. Breath and blood testing involve procedures and reliability questions of their own. For more, see field sobriety tests and HGN, refusing a field sobriety test, and our look at “no refusal” weekend enforcement.

Unusual DWI Situations

Texas DWI law reaches further than a car on a highway. Intoxication offenses can involve boats, aircraft, and other vehicles, and questions come up about unconventional situations, such as whether you can get a DWI on a horse in Texas. The analysis depends on the statutory definitions and the specific facts.

Special Situations

Every DWI case is specific to the person and the circumstances. For example, there are particular considerations in defending women charged with a DWI in Texas, from how alcohol is processed to how field sobriety testing and booking are handled.

Common DWI Defenses in Texas

A DWI arrest is not a conviction, and the state must prove each element beyond a reasonable doubt. Depending on the facts, a defense may examine whether the traffic stop was lawful, whether the person was actually operating the vehicle, whether field sobriety testing was properly administered, whether breath or blood evidence is reliable and admissible, whether chain of custody holds, and whether toxicology actually establishes impairment at the time of driving. Diversion programs or deferred adjudication may also be available in some counties and circumstances.

Why Dunham & Jones for a Texas DWI

Dunham & Jones defends DWI cases throughout Texas, with offices across the state and the resources to investigate a case quickly, preserve video and testing records, protect the driver’s license deadline, and handle both the criminal and ALR sides. Our Texas DWI defense team can review the stop, the testing, and the evidence and explain the options in your specific case.

Facing a DWI anywhere in Texas? Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.

Frequently Asked Questions About DWI in Texas

Frequently asked questions about DWI in Texas.

This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.