Texas DWI Laws Explained 2026
Texas distinguishes between adult and minor impaired-driving offenses. Adults face DWI (Driving While Intoxicated). Drivers under 21 face DUI (Driving Under the Influence) by a minor under the state's zero-tolerance rule. DL-7 Chapter 10 covers both. This guide walks through the BAC limits, the ALR civil suspension, and the penalty schedule by offense — using the exact numbers and language from DL-7.
BAC Limits — DL-7 Chapter 10
DL-7 Chapter 10 says: "In Texas, a person, age 21 and over, is considered legally intoxicated if the person has a BAC of 0.08 or more." The handbook also explains that "intoxicated" includes loss of normal mental or physical faculties due to alcohol, drugs, controlled substances, or any combination — even if a BAC reading is below 0.08.
Under-21 DUI — Zero Tolerance
DL-7 explains: "Zero tolerance means just that. Even if a minor is not intoxicated as defined under the DWI statute, but has any detectable amount of alcohol in their system" the minor can be charged with DUI. Under DL-7 Chapter 10, Table 29, the penalties are:
- 1st offense (DUI by a minor): Class C misdemeanor, fine up to $500, 8 to 12 hours of community service, mandatory alcohol awareness course, license suspension.
- 2nd offense: Class C misdemeanor, fine up to $500, 20 to 40 hours of community service, escalated suspension.
- 3rd offense: escalated penalties; the minor may also be required to attend an alcohol awareness course.
If the minor's BAC is 0.08 or higher, the prosecutor can charge them under the adult DWI statute instead of the DUI minor statute — DL-7 confirms both options are available.
Implied Consent and ALR — DL-7 Chapter 1 & 10
DL-7 Chapter 1 establishes the Administrative License Revocation (ALR) framework. By holding a Texas license you have given implied consent to a breath or blood test if a peace officer has probable cause to believe you are driving while intoxicated. Refusing or failing the test triggers ALR — a civil suspension separate from any criminal case.
The $125 reinstatement fee is stated in DL-7 Chapter 1: "Administrative License Revocations (ALR) require a $125 reinstatement fee." Some mandatory suspensions also require filing a Financial Responsibility Insurance Certificate (SR-22).
Adult DWI Penalties — DL-7 Table 31
DL-7 Chapter 10, Table 31 lists adult DWI penalties:
| Offense | Fine | Jail | License Suspension |
|---|---|---|---|
| 1st DWI | Up to $2,000 | 72 hours to 180 days | 90 days to 365 days |
| 2nd DWI | Higher fines & longer jail per Table 31 | (see DL-7 Table 31) | (see DL-7 Table 31) |
| DWI with passenger under 15 | Up to $10,000 | 180 days to 2 years (state jail) | 90 days to 2 years |
For exact penalty amounts on second and subsequent adult DWI convictions, refer to DL-7 Table 31 directly. The handbook lists each tier with the corresponding statutory range.
Aggravated DWI Charges — DL-7 Chapter 10
DWI with a child passenger under 15
DL-7 confirms: "DWI with passenger under 15 — Up to $10,000, 180 days to 2 years in state jail, 90 days to 2 years license suspension." This is a state jail felony.
Intoxication assault
DL-7 lists intoxication assault as a separate offense involving serious bodily injury caused by impaired driving — a state-jail-felony-level penalty per DL-7 Chapter 10.
Intoxication manslaughter
DL-7 describes intoxication manslaughter as the offense for impaired driving that causes death.
Implied Consent — Refusal Consequences
DL-7 Chapter 10 explains: drivers under arrest for DWI who refuse a breath or blood test face automatic ALR civil suspension. Refusal is admissible at trial as evidence of intoxication. The first refusal (for adults 21+) carries a 180-day driver license suspension, and subsequent refusals carry longer suspensions per DL-7 Chapter 1.
Drugs and Driving — DL-7 Chapter 9 & 10
Texas DWI law applies to any drug — illegal, prescription, or over-the-counter — that impairs your ability to drive safely. DL-7 explicitly warns about over-the-counter culprits (antihistamines, sleep aids, cold medicines) and recommends reading the warning label on any medication before driving.
What Counts as One Drink — DL-7 Chapter 10
DL-7 explains the body metabolizes alcohol at roughly one drink per hour. Coffee, food, cold showers, and exercise do not lower BAC — only time does. For BAC math, "one drink" is roughly:
- 12 oz of beer (about 5% alcohol)
- 5 oz of wine (about 12% alcohol)
- 1.5 oz of 80-proof spirits
What Doesn't Lower BAC
- Coffee or other caffeine
- Cold showers
- Eating after drinking (eating before slows absorption; eating after doesn't lower BAC)
- Vigorous exercise
Other Alcohol-Related Provisions
- Driving without a license, operating a vehicle without insurance, or other moving violations during a DWI suspension carry escalated charges per DL-7 Chapter 1 (Class A misdemeanor with fine up to $4,000).
- The Texas Alcohol Beverage Code (referenced in DL-7 Chapter 10) defines a minor as anyone under 21. A minor may not purchase, attempt to purchase, consume, or possess an alcoholic beverage — these non-driving alcohol offenses also carry Zero Tolerance penalties.
Plan a Ride Before You Drink
DL-7 Chapter 10's clearest message is also the simplest: plan a ride before you drink. A designated driver or rideshare costs less than even a first-offense DWI conviction. The handbook also notes that DWI convictions remain on a Texas driving record long-term and substantially raise insurance premiums.