DWI In Texas: Penalties, Mandatory Jail Time (May 2025)

What Is a DWI in Texas?

Texas uses a fairly standard definition of intoxicated in its criminal statutes. A driver may be considered “intoxicated” for either of the following reasons:

• Lacking the normal use of mental or physical faculties due to an intoxicant
• Having a blood alcohol concentration (BAC) of 0.08% or more

The first form of intoxication requires evidence that your ability to drive was impaired. This evidence might include a dashcam video of you committing a traffic violation, the officer’s testimony about their observations, or a failed field sobriety test. An impairment violation does not require proof that your BAC was over the Texas DWI limit.

The second type of intoxication is called a per se violation. It only requires proof that you failed a breath, blood or urine test. The prosecution does not need to prove that your driving abilities were impaired. However, in many cases, the police will gather evidence of both impairment and a BAC over the legal alcohol limit so that the prosecutors have options.

To understand the penalties for DWI, it’s helpful to first know the difference between DWI vs. DUI under the law. So what is a DUI in Texas exactly? Texas law simply uses the term DWI rather than DUI, and these terms are roughly equivalent.

Texas DWI Penalties

The Texas DWI statute details the different penalties you can face for DUI-related offenses. For example, a DUI first offense is a class B misdemeanor with a minimum jail sentence of 72 hours. However, the state also imposes enhanced penalties under the following circumstances:

Open Container

If you are convicted of DWI in Texas and the prosecution proves you had an open container of alcohol in your vehicle, the mandatory jail time for DWI in Texas can increase to six days. Keep in mind that Texas also has an open container law, so you could face charges under that statute as well.

High BAC

Texas has enhanced penalties for a DWI committed with a BAC of 0.15%. This high BAC is nearly double the legal limit of 0.08%. A high BAC DWI in Texas is generally charged as a class A misdemeanor, with a sentence of up to one year in jail.

Repeat Offender

After a DWI first offense, Texas typically imposes a sentence of three to 180 days in jail. Repeat offenders, however, can face much harsher penalties for DWI.

A second offense can be charged as a class A misdemeanor, with a possible sentence of 30 days to one year in jail. A third offense is a third-degree felony punishable by two to ten years in prison.

Child Passenger

If you commit a DWI with a child passenger, prosecutors can charge you with a state jail felony. This offense is punishable by 180 days to two years in jail.

Penalties for Drunk Driving Crashes in Texas

A driver who causes a crash while intoxicated could face serious criminal charges. For instance, the driver could face charges of intoxication assault for a collision that causes serious bodily injury. This charge is a third-degree felony.

Similarly, a charge of intoxication manslaughter follows a crash that results in a fatality. This charge is a second-degree felony punishable by two to 20 years in prison.

Liability for Drunk Driving Crashes

It’s important to note that drivers are not automatically liable for DWI collisions. For example, another driver might collide with you due to their carelessness rather than your intoxication.

However, you may be liable under Texas car accident law if you cause a crash and the evidence points to your intoxication as a contributing factor. Alcohol or drugs can impair your ability to judge speed and distance, so if you rear-end another vehicle after having a few drinks, an insurer or jury could reasonably conclude that you were negligent in two respects.

First, the law holds drivers to a certain duty of care on the road. This means you may breach that duty by choosing to drive after consuming alcohol, regardless of whether your BAC was over the legal limit. The law could then argue that a reasonable person in the same position would know the dangers that drinking and driving could pose to other road users.

Second, rear-ending a vehicle can mean you failed to follow the other vehicle at a reasonable distance and speed. Whether your alcohol consumption affected your driving or not, you may still be found negligent for following too closely or failing to notice when the driver in front of you stopped.

Contact ConsumerShield to Discuss Your DWI in Texas

No matter your charges, the most important step you can take after a DWI in Texas is to hire a qualified attorney. An attorney can raise defenses against your charges to secure the best possible outcome for your case.

At ConsumerShield, we can help you understand your rights and find a trusted local lawyer to represent you. Contact us for a free case evaluation and an attorney referral today.