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State Laws - Texas

Situation Imprisonment License Suspension Refusing BAC Test from Police Fines Ignition Interlock Device Required
1st Offense 3 to 180 days 90 to 365 days 180 day license suspension Up to $2,000 (unless a child under 15 is in car) No
2nd Offense 30 days to 1 year 180 days to 2 years 2 year license suspension Up to $4,000 (unless a child under 15 is in car) Yes
3rd Offense 2 years 180 days to 2 years 2 year license suspension Up to $10,000 Yes


Category Illegal When
Under 21 BAC of 0.02% or higher
21 or older BAC of 0.08% or higher
Commercial BAC of 0.04% or higher


* If one has been convicted of a DWI offense for the 1st or subsequent time, he/she may be subject to all or some of the following:

  • Participation in an alcohol education program.
  • Having their license suspended.
  • Serving jail time.
  • Complete community service.
  • Serving a probationary period.
  • Payment of fines.
  • Submitting the financial responsibility form (SR22 insurance).
  • Payment of reinstatement fees.
  • Installation of an ignition interlock device in one’s vehicle(s) from a state approved vendor. Payment of associated fees.
  • Obtaining a restricted driver’s license after an ignition interlock installation.

* Note the following information only applies for drivers over the age of 21.

For more information, please contact the Texas Department of Public Safety.

Disclaimer: While we try to keep information up to date and relevant on our website, we recognize that there are other factors that can affect the way laws will apply to individual cases. Always consult with your attorney, local courts, judges and district attorneys for all relevant legal information.


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