DWI Laws and Penalties in Texas
Dec 02, 2025
Facing a DWI (Driving While Intoxicated) charge can be very scary. You may be worried about losing your driver’s license, your job, and what penalties you may be facing. Whether this is your first time navigating the legal system or you have been through this before, it is important to understand the DWI laws and penalties in Texas.
Our team at Surginer Stewart, PLLC, has over 30 years of experience representing clients throughout Texas for their DWI cases. We understand the gravity of what you are going through and will listen to your unique story to craft a personalized defense to ensure you are sentenced fairly and can move on from this.
What Is a DWI in Texas?
The Texas Penal Code 42.04 defines driving while intoxicated as operating a motor vehicle in public while intoxicated. Toxication includes alcohol, drugs, and other substances (including prescription medication ) or having a blood alcohol concentration of 0.08 or more. This means you can still be arrested and booked for a DWI if your BAC is below the legal limit of 0.08.
DWI Penalties in Texas
In 2023, Texas saw 1,505 fatalities in accidents caused by intoxicated drivers. The consequences for a DWI conviction in Texas are very serious, as lawmakers have cracked down to deter people from going behind the wheel while intoxicated.
For a first DWI offense in Texas, you will be charged with a Class B misdemeanor and face the following penalties:
- A minimum of 72 hours in jail, up to six months,
- Up to $2,000 in fines,
- Driver’s license suspension for three months to a year,
- An ignition interlocking device installed in your vehicle.
If you have received a DWI charge in the past and this is your second offense, or this is your first offense, and your BAC is 0.15% or higher, you will face penalties:
- Fines up to $4,000,
- Minimum 72 hours in jail, up to one year,
- Ignition interlock device,
- Suspension of the driver’s license for three months to one year.
A third DWI offense is tried as a third-degree felony and can face the following penalties:
- Up to a $10,000 fine,
- Minimum of two years in prison, up to 10 years,
- Loss of driver’s license for up to two years,
- Ignition interlock device.
Additional Texas DWI laws include zero-tolerance laws, making it illegal for anyone under the age of 21 to drive with any detectable amount of alcohol or drugs in their system. Texas open container laws also make it illegal to carry an open container of alcohol in your vehicle, even if you are not impaired. If you are facing any of these DWI charges in Texas, it is important to hire a DWI lawyer as soon as possible.
Why Choose Us
DWI charges carry significant consequences and move quickly through the Texas legal system. You need a skilled defense team with experience crafting criminal defenses with proven results.
Our team at Surginer Stewart, PLLC has 4.9 stars on Google with over 145 reviews from satisfied clients. With over 30 years of combined experience, our attorneys have a proven track record of having DWI cases dismissed throughout Texas.
We will review the charges filed against you and look into any police misconduct or faulty testing that may have occurred. We will use any evidence found to craft a personalized defense and to have your charges dropped or penalties reduced.
FAQs
What Are the Consequences of a DWI in Texas?
Consequences of a DWI conviction in Texas can be far-reaching. Legal repercussions can include fines, jail time, license suspension, installation of an ignition interlock device, and required treatment. Personal repercussions include losing your job and damaging your reputation throughout the community. At Surginer Stewart, PLLC, we understand that mistakes happen and that this one instance does not define you.
What Is the New Law for DWI in Texas?
The new law for DWI in Texas refers to Senate Bill 2320, which was introduced in 2025. This bill calls for enhanced penalties for those with a blood alcohol concentration (BAC) of 0.15% or higher. This bill calls for this offense to be charged as a state jail felony rather than a Class A misdemeanor. If this bill passes, drivers found with a BAC of 0.15% or higher can expect longer jail sentences and larger fines.
What Are the Odds of Getting Dismissed for a DWI in Texas?
There is a good chance that your DWI charge may be dismissed in Texas if it is found that the police officer violated your rights during the initial traffic stop. Other ways your attorney may try to get your charges dismissed are by proving the breathalyzer was not properly calibrated or that the blood tests were tampered with. Our legal team can investigate the chain of events for your case and ensure your rights were not violated along the way.
What Happens if You Fail to Take a Breathalyzer in Texas?
Failing or refusing a breathalyzer in Texas will cause an automatic suspension of your driver’s license. This suspension is for 180 days for first-time offenders. The refusal may also be used against you in the proceeding DWI case and may lead to harsher penalties.
If you are facing DWI charges after refusing a breathalyzer test, we can help you request an Administrative License Revocation (ALR) hearing to challenge your license suspension and seek to have the charges dropped.
Hire a DWI Lawyer
If you are facing DWI charges in Texas, our team of skilled attorneys at Surginer Stewart, PLLC can ensure you receive a fair sentence. Our office is conveniently located on Long Point Rd in Houston, and we represent clients throughout the state. With over 30 years of experience and proven results, our team will deliver personalized service to help you navigate this scary experience. Contact us today to speak with a member of our experienced legal team.
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