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Texas DWI Laws & Penalties

This page sets out Texas DWI laws section by section. The statute calls drunk driving “driving while intoxicated”. A first offense is a Class B misdemeanor and carries 72 hours to 180 days in jail and a fine of up to $2,000.

Checked October 31, 2026 against the Texas Legislature, Texas Constitution and Statutes

Texas DWI laws: penalties by offense

Texas DWI penalties
OffenseClassificationJailFineLicense
1st Class B misdemeanor 72 hours to 180 days up to $2,000
Penal Code §49.04(b), Penal Code §12.22
“a Class B misdemeanor, with a minimum term of confinement of 72 hours”
“a fine not to exceed $2,000”
“confinement in jail for a term not to exceed 180 days”
 90 days to 1 year
Transportation Code §521.344(a)(2)(A)
“not less than 90 days or more than one year”
2nd Class A misdemeanor 30 days to 1 year up to $4,000
Penal Code §49.09(a), Penal Code §12.21
“a Class A misdemeanor, with a minimum term of confinement of 30 days”
“a fine not to exceed $4,000”
“confinement in jail for a term not to exceed one year”
 180 days to 2 years
Transportation Code §521.344(a)(2)(B)
“not less than 180 days or more than two years”
3rd Third degree felony 2 years to 10 years up to $10,000
Penal Code §49.09(b)(2), Penal Code §12.34
“a felony of the third degree if ... previously been convicted ... two times”
“not more than 10 years or less than 2 years”
“a fine not to exceed $10,000”
 180 days to 2 years
Transportation Code §521.344(a)(2)(B)
“if the person is punished under Section 49.09 (a) or (b)”

Higher penalties and special cases

Open container in the vehicle
Class B misdemeanor with at least 6 days in jail
Penal Code §49.04(c)
“a Class B misdemeanor, with a minimum term of confinement of six days”
Driving in a school crossing zone
State jail felony, when the reduced school zone speed limit applies
Penal Code §49.04(e)
“at the time of the offense the person was operating the motor vehicle in a school crossing zone during the time the reduced speed limit applies to the zone, the offense is a state jail felony”

Refusing a breath or blood test

First refusal
180 days
With an earlier record
2 years (alcohol/drug enforcement contact in previous 10 years)
Transportation Code §724.035(a)-(b)
“suspend the person's license ... for 180 days”
“The period of suspension or denial is two years if ... during the 10 years preceding”

Ignition interlock in Texas

required on community supervision if BAC 0.15+ or punished as repeat offense (§49.09(a)/(b)); otherwise court may require

Code of Criminal Procedure Art. 42A.408(b)-(c)
“The court may require as a condition of community supervision”
“The court shall require ... if ... 0.15 or more ... punished under Section 49.09 (a) or (b)”

How earlier offenses count

No time limit in §49.09(a)-(b) for prior convictions (text sets none)

Driving to work after a DWI: occupational driver's license

Who qualifies
Eligible if the license was suspended, revoked, or canceled for any cause other than physical/mental disability or a §521.294 unsafe-driver determination; also if ineligible because of a suspension order, including a conviction or a Chapter 524 or 724 order
Transportation Code §521.242(a)(1)-(2)
“the person's license has been suspended, revoked, or canceled for a cause other than: (A) a physical or mental disability or impairment; or (B) a determination by the department under Section 521.294 that the person is incapable of safely operating a motor vehicle”
“ineligible to obtain a driver's license because of a suspension order, including an order due to a conviction or an order under Chapter 524 or 724”
Essential need
Essential need: work/trade (incl. travel to and from work), school, essential household duties
Transportation Code §521.241(1)
“"Essential need" means a need of a person to operate a motor vehicle: (A) in the performance of an occupation or trade or for transportation to and from the place at which the person practices the person's occupation or trade; (B) in the pursuit of an occupation or trade; (C) for transportation to and from an educational facility in which the person is enrolled; or (D) in the performance of essential household duties.”
How to apply
Verified petition to the court; for a license automatically suspended due to a conviction, only in the convicting court; must show essential need (hours/locations), reason for suspension, financial responsibility (Ch. 601) and a certified driving record abstract
Transportation Code §521.2421(b), (d)
“the person may apply for an occupational driver's license by filing a verified petition only with the clerk of the court in which the person was convicted”
“set forth in detail the petitioner's essential need, including a description of the hours and location of essential travel”
“provide evidence of the petitioner's financial responsibility in accordance with Chapter 601”
“include a certified abstract of the petitioner's complete driving record”
Hearing
Hearing mandatory after a conviction under Penal Code §§49.04-49.08; state's attorney gets notice and may present evidence
Transportation Code §521.244(a); §521.243(a), (c)
“The judge shall hold a hearing on the petition if the petitioner's license was suspended, revoked, or canceled following a conviction for: (1) an offense under Section 19.05 or Sections 49.04-49.08, Penal Code”
“may attend the hearing and may present evidence at the hearing for or against granting the petition”
Repeat convictions
Judge may deny if convicted more than once in the 10 years before the petition of an offense under Penal Code §§49.04-49.08 (at the judge's discretion)
Transportation Code §521.244(f)(2)
“The judge may also enter an order denying the petition if the petitioner”
“has been convicted more than once in the 10 years preceding the date of the petition of an offense to which Sections 49.04-49.08, Penal Code, apply”
Ignition interlock
Required if the license was suspended/revoked/canceled after a §§49.04-49.08 conviction or the person is already under an interlock order (incl. bond); court may waive if not necessary for community safety; device stays for the whole suspension unless removed for good cause; person pays unless court finds otherwise
Transportation Code §521.246(a), (b-1), (c), (d)
“the judge shall restrict the person to the operation of a motor vehicle equipped with an ignition interlock device if: (1) the person is currently under an order restricting the person to the operation of a motor vehicle equipped with an ignition interlock device, including an order imposed as a condition of bond; or (2) the person's license has been suspended, revoked, or canceled after a conviction for an offense under Sections 49.04-49.08, Penal Code.”
“The court may waive the ignition interlock device requirement under Subsection (a) if the court finds the requirement is not necessary for the safety of the community and the waiver is in the best interest of justice.”
“The person shall obtain the ignition interlock device at the person's own expense”
“The court shall order the ignition interlock device to remain installed for the duration of the period of suspension”
Employer vehicles
May drive an employer-owned vehicle without interlock in the course of employment if the employer is not owned/controlled by the person, is notified, and proof of notice is in the vehicle
Transportation Code §521.246(e)
“the person is required to operate a motor vehicle in the course and scope of the person's employment; (2) the vehicle is owned by the person's employer; (3) the employer is not owned or controlled by the person whose driving privilege is restricted; (4) the employer is notified of the driving privilege restriction; and (5) proof of that notification is with the vehicle.”
Driving hours
Max 4 hours per 24 hours (up to 12 on showing of necessity); no hour/reason/route limits if restricted to an interlock vehicle
Transportation Code §521.248(b), (d)
“The person may not operate a motor vehicle for more than four hours in any 24-hour period, except that on a showing of necessity the court may allow the person to drive for any period determined by the court that does not exceed 12 hours in any 24-hour period.”
“A person who is restricted to the operation of a motor vehicle equipped with an ignition interlock device may not be subject to any time of travel, reason for travel, or location of travel restrictions”
Alcohol counseling
Court shall require an approved alcohol dependence program if suspended under Ch. 524/724 or after an intoxication conviction (may waive for good cause)
Transportation Code §521.245(a)
“the court shall require the petitioner to attend a program approved by the court that is designed to provide counseling and rehabilitation services to persons for alcohol dependence. The court may waive the requirement on a showing of good cause.”
Other conditions
Court may order periodic alcohol/drug testing and supervision (monthly fee)
Transportation Code §521.2461; §521.2462(a), (a-2)
“may require as a condition of the license that the person submit to periodic testing for alcohol or controlled substances”
“may order the person receiving the license to submit to supervision for the purpose of verifying the person's compliance”
Commercial vehicles
Not valid for commercial motor vehicles
Transportation Code §521.242(b)
“An occupational driver's license does not authorize a person to operate a commercial motor vehicle to which Chapter 522 applies.”
How long it lasts
Valid until the end of the suspension/revocation; a copy of the order may be used as a restricted license until the 45th day after it takes effect; certified copy of the order must be carried
Transportation Code §521.248(c); §521.249(a); §521.250
“An order granting an occupational driver's license remains valid until the end of the period of suspension, revocation, or cancellation of the person's regular driver's license.”
“The person may use a copy of the order as a restricted license until the 45th day after the date on which the order takes effect.”
“shall have in the person's possession a certified copy of the court order granting the license while operating a motor vehicle”
Driving outside the limits
Driving outside the restrictions or without the certified order: Class B misdemeanor and revocation of the occupational license; driving a non-interlock vehicle when restricted: mandatory revocation
Transportation Code §521.253(a)-(c); §521.252(b)
“operates a motor vehicle in violation of a restriction imposed on the license”
“An offense under this section is a Class B misdemeanor.”
“issue an order revoking the occupational driver's license”
“shall issue an order revoking the license if the person is restricted to the operation of a motor vehicle equipped with an ignition interlock device and operates a vehicle that is not equipped with an ignition interlock device”
Appeal
Order granting or denying cannot be appealed
Transportation Code §521.244(g)
“An order granting or denying an application for an occupational driver's license may not be appealed.”

Recent changes to Texas DWI law

The sections cited on this page were amended by the laws below. Where the official text does not say what an amendment changed, we list the citation only.

Penal Code §49.04
Acts 2025, 89th Leg., R.S., Ch. 991 (S.B. 826 ), Sec. 1, effective September 1, 2025. Added subsection (e): DWI is a state jail felony if the person was driving in a school crossing zone while the zone's reduced speed limit applied. Subsection (b) now lists (e) among the exceptions to the Class B misdemeanor default.
Penal Code §49.09(b-2)
Acts 2025, 89th Leg., R.S., Ch. 307 (S.B. 745 ), Sec. 1, effective September 1, 2025. Amended subsection (b-2); the version printed for this act makes intoxication manslaughter (§49.08) a first-degree felony if the person caused the death of a person described by (b-1) or of more than one person in the same criminal transaction.
Penal Code §49.09(b-2)
Acts 2025, 89th Leg., R.S., Ch. 939 (H.B. 2017 ), Sec. 2, effective September 1, 2025. Amended subsection (b-2); the version printed for this act makes intoxication manslaughter (§49.08) a first-degree felony if the person caused the death of a person described by (b-1), or has a prior intoxication-offense conviction and was in violation of Chapter 51 at the time of the offense.
Transportation Code §521.243
Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16 ), Sec. 9.19, effective December 4, 2025. Procedural change to subsection (a): the clerk now sends the state's attorney the petition and hearing notice electronically or by a Rule 21a delivery method; certified mail is no longer required. The DWI-related offenses that trigger this notice are unchanged.

Sources

Every figure above is quoted from the Texas Legislature, Texas Constitution and Statutes, read on October 31, 2026. Sections cited: Penal Code §49.04(b); Penal Code §12.22; Transportation Code §521.344(a)(2)(A); Penal Code §49.09(a); Penal Code §12.21; Transportation Code §521.344(a)(2)(B); Penal Code §49.09(b)(2); Penal Code §12.34; Penal Code §49.01(2)(B); Penal Code §49.04(d); Alcoholic Beverage Code §106.041(a); Penal Code §49.04(c); Penal Code §49.04(e); Transportation Code §724.035(a)-(b); Code of Criminal Procedure Art. 42A.408(b)-(c); Penal Code §49.09(a)-(b).

This page is legal information. For advice on your own case, speak to a lawyer licensed in Texas. Courts apply these sections to the facts of each case, and the law can change after the date above.