Start with Tex. Penal Code § 49.04. In Texas, BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DWI is typically a Class B misdemeanor with fines, possible jail (72 hours to 180 days), license suspension, and ignition-interlock conditions for many offenders. Felony threshold: A third DWI is a third-degree felony; DWI with a child passenger, or causing intoxication assault/manslaughter, are felonies. That is the question this guide answers for DUI penalties. Lookback: Prior DWI convictions enhance; a third DWI is typically a third-degree felony regardless of lookback in many charging postures.. Ignition interlock: Ignition interlock is commonly required as a bond or probation condition after DWI, especially for repeat and high-BAC cases.
Blood alcohol limits in Texas
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DWI convictions enhance; a third DWI is typically a third-degree felony regardless of lookback in many charging postures.
How the Texas rule applies
Apply the Texas authorities in order. The facts are simplified so the statute and the standard are visible.
A driver in Texas is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DWI is typically a Class B misdemeanor with fines, possible jail (72 hours to 180 days), license suspension, and ignition-interlock conditions for many offenders.
- Ask when the charge becomes a felony: A third DWI is a third-degree felony; DWI with a child passenger, or causing intoxication assault/manslaughter, are felonies. Lookback: Prior DWI convictions enhance; a third DWI is typically a third-degree felony regardless of lookback in many charging postures.
- Interlock: Ignition interlock is commonly required as a bond or probation condition after DWI, especially for repeat and high-BAC cases.
Texas DWI under Penal Code § 49.04 proceeds in county or district court with parallel ALR administrative license hearings through DPS. Defense reviews the stop and breath/blood foundations.
First-offense penalties
First-offense DWI is typically a Class B misdemeanor with fines, possible jail (72 hours to 180 days), license suspension, and ignition-interlock conditions for many offenders.
When a Texas DUI becomes a felony
A third DWI is a third-degree felony; DWI with a child passenger, or causing intoxication assault/manslaughter, are felonies.
Ignition interlock and license consequences
Ignition interlock is commonly required as a bond or probation condition after DWI, especially for repeat and high-BAC cases.
How a typical Texas DUI case unfolds
Texas DWI under Penal Code § 49.04 proceeds in county or district court with parallel ALR administrative license hearings through DPS. Defense reviews the stop and breath/blood foundations.
Related Texas guides
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Case law: DUI penalties in Texas
The STATE of Texas, Appellant, v. Homer CARTER, Appellee — McCORMICK, J., dissenting
…created, there were two separate and distinct offenses for driving under the influence: (1) driving under the influence of an intoxicating liquor (Article 6701/-1, Vernon's Ann.Civ.St.) and (2) driving under the influence of drugs (Article 6701d, § 50(a), Vernon’s Ann.Civ.St.). In 1983 the Legislature repealed these two statutes and created the current DWI statute (Article 670…
Texas opinions such as The STATE of Texas, Appellant, v. Homer CARTER, Appellee — McCORMICK, J., dissenting are cited where DUI penalties is disputed. The court stated: "Article 6701/-1, Vernon's Ann.Civ.St.) and (2) driving under the influence of drugs (Article 6701d, § 50(a), Vernon’s Ann.Civ.St.)." That is the language to brief; the rest of the decision supplies the procedural posture.
Wayne BURKHALTER, Appellant, v. the STATE of Texas, Appellee
Wayne BURKHALTER, Appellant, v. the STATE of Texas, Appellee, 1982 Tex. App. LEXIS 4740 (1982)
…rrested for any offense arising out of acts committed while driving under the influence of intoxicating liquor be obtained for the taking of chemical tests to determine his blood’s alcoholic content. This statute applies only to persons who are under arrest. Aliff v. State, 627 S.W.2d 166 (Tex.Cr.App.1982); Darland v. State, 582 S.W.2d *233 452 (Tex.Cr.App.1979); Bennett v. Sta…
Wayne BURKHALTER, Appellant, v. the STATE of Texas, Appellee is worth reading on Texas DUI penalties because the court put the point in its own words: "This statute applies only to persons who are under arrest. Aliff v. State, 627 S.W.2d 166 (Tex.Cr.App.1982); Darland v. State, 582 S.W.2d *233 452 (Tex.Cr.App.1979); Bennett v." Use that passage as the starting point, then read the facts that precede it.
George Wayne SMITH, Appellant v. the STATE of Texas, Appellee
George Wayne SMITH, Appellant v. the STATE of Texas, Appellee, 2013 Tex. App. LEXIS 6416 (2013)
…tends the State has failed to prove the Oklahoma offense of driving under the influence (DUI) was properly related to the current charge, because the Oklahoma statute allows for a DUI conviction if Smith had merely been “in actual physical control of a vehicle and was not driving or operating it.” Though couched in terms of evidentiary sufficiency, Smith essentially argues that…
Texas opinions such as George Wayne SMITH, Appellant v. the STATE of Texas, Appellee are cited where DUI penalties is disputed. The court stated: "Oklahoma offense of driving under the influence (DUI) was properly related to the current charge, because the Oklahoma statute allows for a DUI conviction if Smith had merely been “in actual physical control of a vehicle and was not driving or operating it." That is the language to brief; the rest of the decision supplies the procedural posture.
Michael RUBIO, Appellant, v. the STATE of Texas, Appellee
Michael RUBIO, Appellant, v. the STATE of Texas, Appellee, 2006 Tex. App. LEXIS 7621 (2006)
…limit, (2) in talking on a cell phone while driving, (3) in driving under the influence of alcohol, or (4) by any combination of the above three acts. Appellant contends that driving while under the influence of alcohol is a separate criminal act of intoxication manslaughter. We disagree. “Driving under the influence of alcohol” is not the same as “driving while intoxicated.” T…
Practitioners open Michael RUBIO, Appellant, v. the STATE of Texas, Appellee when Texas DUI penalties turns on the distinction in this sentence: "Appellant contends that driving while under the influence of alcohol is a separate criminal act of intoxication manslaughter. We disagree. “Driving under the influence of alcohol” is not the same as “driving while intoxicated." Do not lift it out of the facts the court was deciding.
Allen Spock HARTMAN, Appellant, v. the STATE of Texas, Appellee — Duncan, J., dissenting
…ying Scientific Theory “In alcohol-related matters, such as driving under the influence, the most common toxicological question is: Given a blood alcohol concentration (BAC) at a specific time, can the BAC at any earlier time be predicted reliably?” Mark J. Reasor & Mark R. Montgomery, Driving Under the Influence: Is Retrograde Extrapolation of Blood Alcohol Scientifically Vali…
On DUI penalties, Allen Spock HARTMAN, Appellant, v. the STATE of Texas, Appellee — Duncan, J., dissenting speaks to the Texas dispute in this passage: "Scientific Theory “In alcohol-related matters, such as driving under the influence, the most common toxicological question is: Given a blood alcohol concentration (BAC) at a specific time, can the BAC at any earlier time be predicted reliably?" The surrounding opinion shows how the court applied that language to the record.
William Ayers MADDOX, Appellant, v. the STATE of Texas, Appellee
William Ayers MADDOX, Appellant, v. the STATE of Texas, Appellee, 1986 Tex. App. LEXIS 12021 (1986)
…EN, Justice. A jury found appellant guilty of driving while intoxicated and assessed his punishment at 120 days in jail, probated for two years and an $800 fine. In eight grounds of error appellant alleges that the trial court erred in overruling his motion to dismiss, refusing his requested jury charges, and overruling his motion to quash the information. On January 9,1984, ap…
William Ayers MADDOX, Appellant, v. the STATE of Texas, Appellee is worth reading on Texas DUI penalties because the court put the point in its own words: "EN, Justice. A jury found appellant guilty of driving while intoxicated and assessed his punishment at 120 days in jail, probated for two years and an $800 fine." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DWI convictions enhance; a third DWI is typically a third-degree felony regardless of lookback in many charging postures.
- First-offense range: First-offense DWI is typically a Class B misdemeanor with fines, possible jail (72 hours to 180 days), license suspension, and ignition-interlock conditions for many offenders.
- Felony threshold: A third DWI is a third-degree felony; DWI with a child passenger, or causing intoxication assault/manslaughter, are felonies.
- Ignition interlock: Ignition interlock is commonly required as a bond or probation condition after DWI, especially for repeat and high-BAC cases.
- Primary authority: Tex. Penal Code § 49.04.
Frequently asked questions
What is the legal BAC limit in Texas?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Texas?
A third DWI is a third-degree felony; DWI with a child passenger, or causing intoxication assault/manslaughter, are felonies.
Will I need an ignition interlock device?
Ignition interlock is commonly required as a bond or probation condition after DWI, especially for repeat and high-BAC cases.
This guide covers Texas impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.