Texas DWI Laws & Statutes
Complete guide to Texas DWI laws, legal limits, penalties, and your rights under state law.
Critical 15-Day Deadline
You must request a DMV/administrative hearing within 15 days of your DWI arrest to avoid automatic license suspension.
Learn About DMV Hearing →Blood Alcohol Concentration (BAC) Limits
Standard Limit
Adults 21+ are considered legally impaired at or above 0.08% BAC
Enhanced Penalties
BAC at or above 0.15% results in significantly harsher penalties
Under 21
Zero-tolerance law: Any detectable alcohol (typically 0.02% BAC) is illegal for minors
Implied Consent Law
What Is Implied Consent?
By driving in Texas, you automatically consent to chemical testing (breath, blood, or urine) if arrested for DWI. Refusal to submit to testing carries its own penalties, often more severe than a first-offense DWI conviction.
Consequences of Refusal:
- •Automatic license suspension (often longer than DWI suspension)
- •Can be used as evidence of guilt in criminal trial
- •May not be eligible for restricted/occupational license
- •Enhanced penalties if convicted of DWI
Lookback Period
10-Year Lookback Period
Texas considers prior DWI convictions within the past 10 years when determining penalties. A DWI conviction within this period is treated as a repeat offense, resulting in significantly harsher penalties including longer jail time, higher fines, and extended license suspensions.
What This Means:
- ✓Prior DWI convictions from 10+ years ago do not count as repeat offenses
- ✓Multiple DWI arrests within 10 years lead to progressively severe penalties
- ✓Out-of-state DWI convictions may count toward your record
Your Legal Rights
During the Stop
- Right to remain silent (beyond providing license, registration, insurance)
- Not required to perform field sobriety tests (FSTs)
- May refuse portable breathalyzer (PBT) at roadside
After Arrest
- Right to contact an attorney
- Right to remain silent during questioning
- Right to request DMV/administrative hearing within 15 days
- Right to independent blood test at your expense
Important: While you have these rights, exercising some of them (like refusing chemical testing) may result in automatic penalties under implied consent laws. Consult with a DWI attorney immediately to understand your best course of action.
Need Legal Help with Your DWI Case?
Understanding the laws is the first step. Getting experienced legal representation is the next.