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Driving under the influence and driving while intoxicated are serious charges in Texas—the laws are strict and you risk stiff penalties. In this article, we take a look at the Texas law on driving while intoxicated and the consequences this offense entails.

DUI vs DWI

DWI stands for “driving while intoxicated” and DUI is short for “driving under the influence.” 

In Texas, DWI applies to drivers over the age of 21 with a blood alcohol level over 0.08. DUI is a term reserved for drivers under the age of 21 with any amount of alcohol in the blood, who are not intoxicated. However, the two terms are often used interchangeably. 

Which Is Worse: DUI or DWI?

A DWI conviction implies higher levels of intoxication and is more severe than a DUI. 

DWI Texas Penal Code

Texas Penal Code Section 49.04: Driving While Intoxicated states that

“A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”

Being intoxicated means that you either have impaired mental or physical abilities due to the presence of a substance in your system or that your blood alcohol concentration (BAC) is 0.08 or higher.

DWI penalties

A first-time DWI conviction is classified as a Class B misdemeanor. Penalties include:

• A fine of up to $2,000
• Between 3 and 180 days in jail 
• A driver’s license suspension of up to a year.

A second-time DWI offense and a DWI with a BAC over 0.15 are considered Class A misdemeanors with the following penalties:

• A fine of up to $4,000
• Between 30 days and one year in jail
• A driver’s license suspension of two years.

A third-time DWI offense is a third-degree felony and entails:

• A fine of up to $10,000
• Between 2 and 10 years in jail
• A driver’s license suspension of two years.

All DWI charges require drivers to attend an Alcohol Awareness Program and do community service. 

DUI penalties

A first-time DUI offense with a blood alcohol level between 0.08 and 0.15 qualifies as a Class B misdemeanor. If convicted, you’ll possibly receive:

• A fine of up to $2,000
• A jail sentence from 3 to 180 days
• A driver’s license suspension for 90 to 365 days.

A second-time DUI offense and a DUI with a blood alcohol of over 0.15 are considered Class A misdemeanors, with the following penalties: 

• A fine of up to $4,000
• A jail sentence of up to one year
• A driver’s license suspension for 180 days to 2 years. 

A third-time DUI offense is a third-degree felony, punishable by:

• A fine of up to $10,000
• A jail sentence of up to 10 years.

Underage DUI

The Texas Zero Tolerance law makes it illegal for minors to operate a motor vehicle when they have any detectable amount of alcohol in the system. 

First-time underage offenders are convicted of a Class C misdemeanor with the following consequences: 

• A fine of up to $500
• A driver’s license suspension of 60 days
• Attending alcohol awareness classes
• Mandatory community service.