Texas DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Texas: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Texas, consult a licensed Texas criminal defense attorney.

Texas DUI / DWI Penalties

OffensePenalty
First Offense72 hours–180 days jail, $2,000 fine, 90-day–1 year suspension
Second Offense30 days–1 year, $4,000 fine, 180 days–2 year suspension

Texas has an administrative license revocation program

DUI / DWI Statute of Limitations in Texas

In Texas, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.

See all Texas statutes of limitations →

Defending Against DUI / DWI Charges in Texas

Common defenses in Texas dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Texas criminal defense attorney for advice.

Related Texas Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication