In effect since September 1, 2025
Three Texas DWI laws took effect that day and still govern arrests on or after that date. If you were arrested before September 1, 2025, your case follows the earlier law.
3 Texas DWI Laws in Effect Since September 1, 2025
What still applies — and what other sites are getting wrong.
If you're dealing with a DWI in Texas, three bills from the 2025 session have been in effect since September 1, 2025. One of them turned a routine misdemeanor into a felony based on where you were driving. Another gives prosecutors more powerful evidence tools. And the third increased penalties for the worst-case scenarios.
We're going to break down each law in plain English — what it means, who it affects, and what you should do about it.
One more thing: there's a fourth bill (SB 2320) that many attorney websites are incorrectly claiming passed. It didn't. We'll explain that too, because getting the right information matters.
SB 826
DWI in a School Zone Is Now a State Jail Felony
SIGNED INTO LAW — Effective September 1, 2025
Before September 1, 2025, getting a DWI in a school zone was treated the same as any other first-offense DWI — a Class B misdemeanor. The location didn't matter.
That changed with Senate Bill 826, sponsored by Senator Tan Parker (R-Flower Mound). Now, if you're arrested for DWI in a school crossing zone during the hours when reduced speed limits are in effect (typically during morning drop-off and afternoon pickup), your charge is automatically upgraded to a state jail felony — even if it's your first offense.
Here's what that means in real terms:
Before September 1, 2025
- -- DWI in school zone = Class B misdemeanor
- -- Up to 180 days in jail
- -- Up to $2,000 fine
- -- Same as any other first-offense DWI
After September 1, 2025 (SB 826)
- → DWI in school zone (during reduced-speed hours) = State jail felony
- → 180 days to 2 years in state jail
- → Up to $10,000 fine
- → Felony on your permanent record
Key detail: This only applies during the hours when the school zone's reduced speed limit is in effect — not 24/7. But if you're driving through a school zone during morning drop-off or afternoon pickup and you're over the limit, you're now facing a felony.
SB 1886
Any Officer Can Now Serve a Blood Draw Warrant in a Neighboring County
SIGNED INTO LAW — Effective September 1, 2025
If you refused a breathalyzer during your DWI stop, officers have been able to get a warrant for a blood draw for years. Texas law already let that warrant be carried out in a county next to the one where it was issued, but only by an officer allowed to make arrests in that next county. In some cities that use a jail in a neighboring county, the arresting officer had to drive the person back to their own county to carry out the warrant.
Senate Bill 1886 removed that limit. Now any peace officer can carry out a blood draw warrant for a DWI or other intoxication offense in a county next to the one where it was issued. This means:
- → If you're arrested in one county and taken to a hospital or jail in a neighboring county, the arresting officer can carry out the warrant there
- → It covers neighboring counties only, not any county in Texas
- → It applies only to warrants issued on or after September 1, 2025
Source: SB 1886 enrolled text and House committee bill analysis, Texas Legislature Online.
What this means for you: Refusing a breathalyzer does not stop officers from getting a warrant for your blood, and being taken to a jail or hospital in a neighboring county no longer stops the arresting officer from carrying out the warrant there. Talk to your attorney about how this affects your specific case.
SB 745
Killing Multiple People While Intoxicated Is Now a First-Degree Felony
SIGNED INTO LAW — Effective September 1, 2025
This law addresses the most serious DWI scenario — when someone dies. Previously, intoxication manslaughter was a second-degree felony regardless of how many people were killed in the incident. Whether one person died or five, the charge and penalty range were the same.
Senator Lois Kolkhorst (R-Brenham) sponsored Senate Bill 745 to change that. Now, if an intoxicated driver kills more than one person in the same incident, the charge is upgraded to a first-degree felony.
| Charge | Classification | Prison Range |
|---|---|---|
| Intox. manslaughter (1 victim) | 2nd degree felony | 2–20 years |
| Intox. manslaughter (2+ victims) | 1st degree felony | 5–99 years or life |
| Intox. manslaughter (peace officer killed) | 1st degree felony | 5–99 years or life |
The upgrade to first-degree felony now puts multi-victim intoxication manslaughter on the same level as killing a peace officer while intoxicated. This reflects the Legislature's view that the loss of multiple lives in a single DWI incident warrants the most severe penalties available.
Important: SB 2320 Did NOT Pass — Don't Believe Sites That Say Otherwise
You may have seen attorney websites or legal blogs claiming that Texas upgraded first-offense DWI from a Class B to a Class A misdemeanor, or that a BAC of 0.15+ is now a state jail felony. These claims come from Senate Bill 2320, which was proposed during the 2025 legislative session.
Here's the truth: SB 2320 failed to receive an affirmative vote in committee on May 22, 2025. It did not pass. It is not law.
What SB 2320 would have done (but didn't):
- ✕ Upgraded standard first-offense DWI from Class B to Class A misdemeanor
- ✕ Made first-offense DWI with BAC of 0.15+ a state jail felony instead of Class A misdemeanor
- ✕ Increased minimum jail time for first offenses
None of these changes happened. The current penalty structure for standard DWI offenses in Texas remains unchanged:
| Offense | Classification | Jail Range | Max Fine |
|---|---|---|---|
| 1st DWI (standard) | Class B misdemeanor | 72 hours – 180 days | $2,000 |
| 1st DWI (BAC 0.15+) | Class A misdemeanor | Up to 1 year | $4,000 |
| 2nd DWI | Class A misdemeanor | 30 days – 1 year | $4,000 |
| 3rd DWI | 3rd degree felony | 2–10 years prison | $10,000 |
| DWI with child passenger | State jail felony | 180 days – 2 years | $10,000 |
| DWI in school zone (NEW — SB 826) | State jail felony | 180 days – 2 years | $10,000 |
DUI911 verifies every law we reference against official legislative records. We checked SB 2320's status on BillTrack50 and the Texas Legislature Online — it failed in committee. If you see a website claiming these changes are law, that information is wrong. Getting accurate information matters when your future is on the line.
Arrested for DWI in Texas After September 1, 2025? Do This Now.
Check your 15-day ALR deadline.
Texas gives you only 15 calendar days from your arrest to request an Administrative License Revocation (ALR) hearing. If you miss this deadline, your license is automatically suspended on the 40th day after arrest. This deadline does not wait for your criminal case.
Determine if any new laws apply to your case.
Were you in a school zone? If so, SB 826 directly affects your charge. Did you refuse a breathalyzer and get taken to a neighboring county? SB 1886 may affect how your blood was collected. Make sure your attorney knows about SB 826 and SB 1886.
Get a DWI defense attorney who knows the new laws.
These bills are recent. Not every attorney has handled cases under them yet. Ask directly: "Are you familiar with SB 826, SB 745, and SB 1886?" If they don't know what you're talking about, find someone who does.
Don't talk about your case.
Don't post on social media. Don't discuss details with coworkers. Don't call the court to "explain what happened." Anything you say can be used against you. Talk to your attorney only.
Gather your documents.
Arrest paperwork, bond conditions, any citations, your temporary driving permit (if issued), and your notice of license suspension. Your attorney needs all of it on day one.
Common Questions About Texas's New DWI Laws
Texas DWI Penalty Quick Reference (Updated September 2025)
| Offense | Classification | Jail/Prison | Max Fine | Notes |
|---|---|---|---|---|
| 1st DWI (standard) | Class B misdemeanor | 72 hrs – 180 days | $2,000 | |
| 1st DWI (BAC 0.15+) | Class A misdemeanor | Up to 1 year | $4,000 | |
| 1st DWI (school zone) | State jail felony | 180 days – 2 years | $10,000 | NEW — SB 826 |
| 1st DWI (child passenger) | State jail felony | 180 days – 2 years | $10,000 | |
| 2nd DWI | Class A misdemeanor | 30 days – 1 year | $4,000 | |
| 3rd+ DWI | 3rd degree felony | 2–10 years prison | $10,000 | |
| Intoxication assault | 3rd degree felony | 2–10 years prison | $10,000 | |
| Intox. manslaughter (1 victim) | 2nd degree felony | 2–20 years prison | $10,000 | |
| Intox. manslaughter (2+ victims) | 1st degree felony | 5–99 years or life | $10,000 | NEW — SB 745 |
All penalties are in addition to license suspension, SR-22 insurance requirements, possible ignition interlock device, DWI education programs, community service, and probation conditions.
More Texas DWI Resources
Texas DWI Laws & Penalties
15-Day ALR Deadline & License
DWI and Your Career
SR-22 Insurance Explained
Court Process in Texas
Find a Texas DWI Attorney
Still have questions? Our Ask page has answers.
Ask a QuestionDUI911.org is not a law firm and does not provide legal advice. This information is for educational purposes only. Laws change — always consult a qualified Texas DWI defense attorney for advice specific to your case. This page describes SB 826, SB 745, and SB 1886, which took effect September 1, 2025. SB 2320 did not pass.