Texas DWI laws state that any driver over the age of 21 cannot have a blood-alcohol level of 0.08% or higher. There is a zero-tolerance policy for underage drinking and driving.

Each year, over 10,000 people in the US are killed on the road as a result of drunk driving crashes.

Driving while under the influence of drugs or alcohol is a dangerous crime and penalties vary by state. Even a first-time offense can cost drivers up to $10,000 in fines and legal fees—and it will most certainly impact your

car insurance

rates, too.

The car insurance comparison and broker app

Jerry

has compiled everything you need to know about DWI laws in Texas. We'll also show you the easiest way to find

cheap car insurance in Texas

RECOMMENDED

Compare auto insurance policies

No spam or unwanted phone calls · No long forms

ZIP Code

Find insurance savings

What is a DUI/DWI?

A DUI refers to driving under the influence while a DWI means driving while intoxicated or impaired.

Each state determines the difference between the two. Texas uses the term DWI in reference to anyone driving with alcohol, drugs, or a combination of the two in their system.

In Texas, a standard DWI applies to a person who is impaired by drugs and/or alcohol to the point where they cannot safely operate their vehicle, regardless of their BAC. A per se DWI is based entirely on BAC.

MORE:

DUI vs. DWI

Key Takeaway A per se DWI is based on BAC, while a standard DWI is based on visible impairment.

DWI in Texas

In Texas, it is illegal to operate a vehicle with a blood-alcohol level of 0.08% or higher. There is no threshold for underage drivers, as the state has a zero-tolerance policy for underage drinking.

Actual driving isn’t always necessary for a DWI charge. As long as an impaired driver is enabling the use of the vehicle in any way, a DWI can still be levied.

Every state has an implied consent law stipulating that you consent to be tested if you’re suspected of driving under the influence of alcohol or drugs.

If you’re lawfully arrested for a DWI, you must submit to a urine, blood, or breath test. You do not have a right to consult with a lawyer before completing the test.

MORE:

Tips to get a clean driving record

Penalties for DWI in Texas

DWIs are treated as misdemeanors for the first three offenses, or incidents that do not result in serious injury or death, or involve underage passengers. DWIs become felonies when it is a fourth offense, involves minor passengers under the age of 18, or results in serious injury or death. There are different penalties for misdemeanors and felonies.

Misdemeanor penalties

DWIs are misdemeanors as long as the incident is not the fourth offense and did not involve minors, serious injury, or death.

First offense

Penalty	Description
Fine	Up to $2,000 ( $4,000 with BAC .15% or more)
Jail	72 hours to six months (12 months with a BAC at or higher than 0.15%)
License suspension	90 days to 12 months
Ignition interlock device	Condition for occupational license eligibility
SR-22 requirement	Yes

A first DWI conviction is considered to be a class C misdemeanor. But if the offender’s BAC is at or higher than 0.015% at the time of the violation, it is considered a class A misdemeanor.

A judge will determine if the offender’s sentence will include probation, community service, or a DWI education program.

Second offense

Penalty	Description
Fine	Up to $4,000
Jail	30 days to 12 months
License suspension	180 days to 2 years
Ignition interlock device	1 year (if prior conviction is within the previous 5 years)
SR-22 requirement	Yes

A second DWI conviction is a class A misdemeanor. Unlike first offenses, second offenses require mandatory 80 to 200 hours of community service, a DWI education class, a substance abuse evaluation assessment and subsequent treatment program, up to two years probation, the installation of an IID for one year, and up to two years of probation.

Offenders may also have to attend a DWI Impact Panel at their own expense.

Third offense

Penalty	Description
Fine	Up to $10,000
Jail	2 to 10 years
License suspension	180 days to 2 years
Ignition interlock device	1 year (if prior conviction is within the previous 5 years)
SR-22 requirement	Yes

A third DWI conviction is a third-degree felony. Offenders will be subjected to the same mandatory punishments as outlined for second-time offenders, with the difference being that the community service required is increased to 160 to 600 hours.

Key Takeaway Texas minimum penalties for a DWI are more severe for subsequent offenses.

RECOMMENDED

Compare auto insurance policies

No spam or unwanted phone calls · No long forms

ZIP Code

Find insurance savings

Does a DWI impact car insurance in Texas?

Yes, insurance companies take DWIs very seriously and you’ll be classified as a

high-risk driver

With a DWI on your record, you can reasonably expect that insurance carriers will charge you significantly higher rates or they may refuse to insure you entirely.

That’s where

Jerry

can help. Jerry quickly submits your info and presents you with quotes from up to 50 top providers, so that you don’t have to spend time reaching out to each company one by one.

Your insurance carrier will also be required to fill out an SR-22 to prove you have the state-mandated minimum insurance coverage.

MORE:

SR-22 in Texas: what you need to know

Other effects of a DWI

Beyond the conviction penalties and higher insurance rates, DWIs can have some other lasting impacts on your life.

License revocation: After a DWI, you run the risk of having your license revoked if you’re charged with other serious offenses.

Ignition interlock device: All states have some type of ignition interlock program requiring drivers convicted of a DWI to install an interlock device in their vehicle to disable the engine if alcohol is detected on their breath.

Background checks: Your DWI will show up on a background check indefinitely, which can cause issues for future employment endeavors.

How to find cheap insurance after a DWI

Finding affordable insurance after a DWI conviction can be difficult on your own. No matter what your record looks like,

Jerry

can help. As a

licensed broker

, Jerry will handle the phone calls, paperwork, and renewals for your top pick so that you don’t have to.

When your policy is up for renewal, Jerry is still on the job and will send you new quotes so you’re always paying the best price.

"I’ve gotten pulled over a few times in the past. With
Jerry
, the police never had an issue verifying my insurance. The app is convenient, easy, and cheap!" —Dalton T.

RECOMMENDED