What is the first thing I should do after a DWI arrest in Texas?

Request an ALR hearing with the Texas DPS within 15 days of being served the notice of suspension (usually your arrest date), or within 20 days of the mailing date if DPS mails the notice after a lab result. Missing this deadline results in automatic license suspension.

Will I lose my license after a DWI in Texas?

Your license will be automatically suspended unless you request an ALR hearing within 15 days of being served the notice (20 days from the mailing date if it is mailed after a lab result).

What are the penalties for a first DWI in Texas?

A first-offense DWI in Texas is a Class B Misdemeanor carrying up to $2,000 in fines, 72 hours to 180 days in jail, and a license suspension of 90 days to 1 year. Probation is typically available and may include community service and a DWI education class.

Is a DWI a felony in Texas?

A third DWI offense in Texas is a Third Degree Felony with up to $10,000 in fines and 2 to 10 years in prison. A DWI with a child passenger under 15 is a State Jail Felony even on first offense.

What is the BAC limit for a DWI in Texas?

The legal BAC limit in Texas is 0.08%. Enhanced penalties apply at 0.15% BAC or higher. The commercial vehicle BAC limit is 0.04%.

How much does a DWI cost in Texas?

The total real-world cost of a Texas DWI typically exceeds $15,000 when including attorney fees, court fines, insurance increases, interlock device fees, and lost wages. Court fines alone can be up to $2,000 for a first offense.

What is the difference between DUI and DWI in Texas?

Texas calls this offense DWI (Driving While Intoxicated). DUI in Texas is a separate offense that applies specifically to minors (under 21) with any detectable amount of alcohol.

Reviewing Texas DWI laws and test refusal? compare breath-test refusal penalties by state.

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What Are the Penalties for a DWI in Texas?

Fines, jail time, license suspension, and long-term consequences — broken down by offense.

Last updated: March 3, 2026

QUICK ANSWER

A first-offense DWI in Texas carries up to $2,000 in fines, up to 180 days in jail, and a license suspension of 90-365 days. Second offense: up to $4,000 fine and 1 year jail. Third offense (felony): up to $10,000 fine and 2-10 years in prison. Total real-world cost including attorney, insurance increases, and fees typically exceeds $15,000.

Keep reading for the full breakdown

⚠️ 2025 Law Changes: School zone DWI is now a felony (SB 826)

See all 3 new Texas DWI laws →

Legal BAC Limit0.08%

Enhanced Penalty0.15%+ BAC

ALR Hearing Deadline15 days

Commercial BAC0.04%

Have questions about your specific Texas DWI situation? Get answers →

Penalties by Offense

First OffenseClass B Misdemeanor

FineUp to $2,000

Jail72 hours to 180 days

License90 days to 1 year

Probation typically available. May include community service, DWI education class.

Second OffenseClass A Misdemeanor

FineUp to $4,000

Jail30 days to 1 year

License180 days to 2 years

Mandatory minimum 30 days jail. Ignition interlock likely required.

Third OffenseThird Degree Felony

FineUp to $10,000

Jail2 to 10 years (prison)

License180 days to 2 years

Felony conviction. Prison time likely. Permanent criminal record.

DWI with Child PassengerState Jail Felony

FineUp to $10,000

Jail180 days to 2 years

License180 days to 2 years

Applies if passenger under 15 years old. Even first offense is felony.

Texas calls this offense DWI (Driving While Intoxicated). DUI in Texas is a separate offense for minors.

Actual penalties depend on circumstances including BAC level, prior offenses, accidents, and judge discretion.

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You'll also need to complete Texas DWI education classes as part of your probation or license reinstatement. Have questions about your Texas DWI arrest? Get state-specific answers on our DUI Q&A page.

Official sources

Related Resources

Texas DWI FAQCommon questions answered

License Suspension & Reinstatement15-day ALR deadline

Texas Court ProcessWhat to expect

Texas DWI ClassesEducation & intervention programs

Oklahoma DUI GuideArrested in Oklahoma instead?