https://traviscountycriminalattorney.com/2026/01/07/texas-dwi-laws-and-penalties/
Texas DWI Laws And Penalties. Texas continues to treat driving while intoxicated as one of the most serious traffic crimes, with strict laws and harsh penalties that can affect your freedom, license, finances, and future. The core rules in 2026 remain consistent with prior years: understand the difference between DUI and DWI, know the blood alcohol limits, and recognize how penalties escalate with each offense.
What’s the Difference Between DUI and DWI in Texas? How does Texas define DWI? In Texas, DWI (Driving While Intoxicated) applies primarily to adults 21 and older who operate a motor vehicle while alcohol or drugs impair their mental or physical faculties, or while their blood alcohol concentration (BAC) is at or above the legal limit.
The law focuses on two main ideas:
A per se BAC level (0.08% or higher for most drivers).
Any loss of normal use of mental or physical faculties due to alcohol, drugs, or a combination.
This means someone can be charged with DWI even if their BAC is below 0.08% if the officer and evidence indicate they are impaired.
How is DUI treated differently? DUI (Driving Under the Influence) in Texas is typically reserved for drivers under 21 years old.
For minors, any detectable amount of alcohol in their system is illegal, even if they are not “intoxicated” under the adult DWI standard.
DUI for minors is often handled as a Class C misdemeanor with its own set of penalties and license consequences, but it still carries serious implications for a young person’s record and driving privileges.
Understanding this distinction is critical if you or a family member is facing alcohol-related charges on Texas roads.
What Are the Current Texas BAC Limits? What BAC levels trigger a DWI? As of 2026, Texas BAC limits remain aligned with the standards described in 2023:
21 and older (non-commercial drivers): Legal limit is 0.08% BAC.
Commercial drivers (CDL): Legal limit is 0.04% BAC, reflecting the higher safety expectations for professional drivers.
Under 21: Any detectable amount of alcohol is unlawful, consistent with the state’s zero-tolerance stance toward underage drinking and driving.
These thresholds apply whether the alcohol comes from beer, wine, liquor, or mixed drinks; the law looks at impairment and BAC, not the type of beverage.
What Penalties Do DWI Offenders Face in Texas? What happens for a first-time DWI? Texas takes a firm stance against even a first DWI offense. Penalties described in 2023 still reflect the landscape in 2026:
A first-time DWI (without aggravating factors) can involve:
Fines up to $2,000.
Jail time between 72 hours and 180 days, depending on case facts and judicial discretion.
Driver’s license suspension for up to one year.
Court costs, probation conditions, and potential surcharges or fees linked to licensing and supervision.
In practice, courts may also impose:
Community service hours.
Mandatory attendance at a DWI education program.
Conditions like alcohol evaluation or ignition interlock orders, particularly where BAC was elevated.
How do penalties escalate for repeat offenders? For repeat DWI offenders, the law becomes significantly harsher:
Fines can increase up to $10,000.
Jail or prison time can extend to months or years, depending on the number of prior convictions and case severity.
License suspension can stretch up to two years.
Beyond statutory penalties, repeat DWIs can lead to:
Felony convictions (for certain repeat or aggravated cases).
Long-term consequences for employment, housing, professional licensing, and firearm rights.
What if someone is hurt or killed? If a DWI offense results in serious injury or death, prosecutors can pursue enhanced felony charges such as:
Intoxication assault (serious bodily injury).
Intoxication manslaughter (fatality).
These charges carry much more severe penalties, including lengthy prison sentences, high fines, and long driver’s license suspensions, reflecting the grave risk impaired driving poses to others.
How Do Ignition Interlock Devices Fit Into Texas DWI Sentences? When can an IID be required? Texas courts may require an Ignition Interlock Device (IID) as part of sentencing, especially for:
Repeat offenders.
Cases with high BAC.
Situations where a judge considers the driver a higher ongoing risk.
An IID is a breath-testing unit connected to the vehicle’s ignition. If the device detects alcohol above a preset threshold on the driver’s breath, the vehicle will not start.
Why are IIDs used? The purpose is to:
Reduce repeat drunk driving incidents.
Allow some offenders to continue driving for work or family obligations while still protecting the public.
In many Texas jurisdictions, IIDs have become standard conditions of probation and occupational licensing after certain DWI convictions.
Are Alcohol Education Programs Mandatory? What education or treatment might the court require? Many convicted DWI offenders must complete alcohol education programs as part of their sentence. These programs typically:
Educate participants on the effects of alcohol and drugs on driving.
Explore decision-making, risk, and the consequences of impaired driving.
May include assessment and referral for further treatment if a substance use disorder is suspected.
Failure to complete court-ordered programs can lead to additional penalties, including extended probation or license consequences.
What Is Texas’s Open Container Law? Can you have an open drink in the car? Texas law prohibits open containers of alcohol in the passenger area of a motor vehicle, whether the vehicle is moving or parked on a public roadway.
If you are caught with an open container, you can face fines of up to $500, even if you are not intoxicated.
This open container law is separate from DWI but often appears alongside it when an officer observes both impairment and evidence of recent drinking in the vehicle.
Why Is It Critical to Take DWI Charges Seriously in 2026? The underlying message from the original article remains fully applicable today:
Operating a vehicle under the influence risks your life and the lives of others and is treated as a grave crime across Texas.
Texas continues to uphold strict DWI laws and penalties to deter impaired driving and protect public safety.
A DWI conviction can be life-altering, affecting:
Your criminal record and background checks.
Your driver’s license and ability to commute or work.
Your finances through fines, fees, insurance increases, and lost income.
Because of these stakes, it is essential to make responsible choices—use designated drivers, rideshares, or taxis and avoid driving after drinking or using impairing drugs.
Why Should You Contact a DWI Attorney? If you are facing DWI charges in Austin or the surrounding area in 2026, you should seek professional legal representation immediately. The original guidance remains sound:
An experienced DWI attorney can review the circumstances of your stop, arrest, and testing to identify possible defenses.
A local lawyer familiar with Travis County courts understands how judges and prosecutors handle DWI cases and what options may be available.
Early involvement helps protect your rights in both the criminal case and any driver’s license proceedings.
In the Austin area, Brian Erskine of Erskine Law is highlighted as a reputable and experienced DWI attorney who provides legal guidance and fights charges on behalf of his clients. For anyone dealing with a Texas DWI in 2026, promptly consulting a knowledgeable lawyer is one of the most important steps toward protecting your future.
Foundational 2023 Information That Still Applies Key points from the 2023 discussion of Texas DWI law remain accurate in 2026 and should still guide drivers:
DUI vs. DWI distinction: DUI is typically for under 21 drivers; DWI is the main charge for adults impaired by alcohol or drugs.
BAC limits: 0.08% for most adults, 0.04% for commercial drivers, and any detectable alcohol for drivers under 21.
Penalty ranges: First offenses can bring up to $2,000 in fines, 72–180 days in jail, and up to a one year license suspension; repeat offenses can bring up to $10,000 in fines, longer jail or prison terms, and license suspensions up to two years.
Ignition interlock devices and alcohol education programs are widely used tools to monitor and educate offenders.
Open containers in vehicles are prohibited and can result in fines up to $500.
Understanding these laws, and respecting the risks they address, remains essential for everyone who gets behind the wheel in Texas.
In Austin, Texas, Erskine Law, also known as Law Maverick, is led by Board Certified Criminal Law Specialist Brian Erskine, offering a robust defense for individuals facing a wide array of criminal accusations. With extensive trial experience, including over 70 jury trials spanning serious charges like murder, trafficking, sexual assault, DWI, drug possession, and white-collar crimes, the firm provides comprehensive legal support from petty misdemeanors to major felonies. Beyond traditional criminal defense, Law Maverick also assists clients with personal injury cases and employment disputes, demonstrating a commitment to fighting for clients’ rights with a tenacious, “never-quit” approach.