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Texas DWI Laws & Penalties (2026)

Texas uses a lifetime lookback for DWI offenses. A 3rd DWI is a 3rd-degree felony with 2-10 years in prison. Non-disclosure (sealing) may be available for first offenses.

DUI attorneys available now in Texas
0.08%
BAC Limit
DWI
Term Used
Lifetime
Lookback
Yes
Implied Consent
No
Expungement

Texas DWI Penalties

1st Offense

ClassificationClass B misdemeanor
Jail Time72 hours–180 days
FinesUp to $2,000
License90 days–1 year suspension
Mandatory JailYes

2nd Offense

ClassificationClass A misdemeanor
Jail Time30 days–1 year
FinesUp to $4,000
License180 days–2 years suspension
Felony Threshold3rd offense (3rd degree felony)

BAC Limits in Texas

0.08%
Standard Driver
0.04%
Commercial Driver
0.00%
Under 21

🔧 Ignition Interlock

May be required as bond condition or for occupational license

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🛡️ Insurance Requirements

SR-22 required for 2 years

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📜 Expungement

Texas does not allow DWI expungement.

Expungement Guide →

💰 Estimated Total Cost

A first DWI in Texas typically costs $10,000-$25,000+ including fines, attorney, classes, IID, and insurance increases.

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Find a DWI Attorney in Texas

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Official Sources & References

DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only. Consult a licensed attorney in Texas for advice specific to your situation.

Texas DWI FAQ

What is the BAC limit in Texas?

The legal BAC limit in Texas is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.00% for drivers under 21.

What are the penalties for a first DWI in Texas?

A first DWI in Texas is a Class B misdemeanor. Penalties include 72 hours–180 days jail, Up to $2,000 in fines, and 90 days–1 year suspension license suspension.

Is an ignition interlock device required in Texas?

May be required as bond condition or for occupational license

Can a DWI be expunged in Texas?

No, Texas does not allow DWI expungement.

What is the lookback period for DWI in Texas?

Texas uses a Lifetime lookback period to determine if an offense counts as a repeat offense.

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