Understanding New Texas DWI Laws And Penalties
Last updated on April 11, 2025
Over the years, driving while intoxicated (DWI) laws have seen significant shifts both in Texas and throughout the U.S. The most recent major change in Texas was Bentley’s Law. This law, which took effect in September 2023, makes it so a person convicted of drunk driving is required to pay child support if the offense resulted in the death of a parent. While there haven’t been significant new Texas DWI laws since then, understanding current laws and penalties is crucial for drivers in Texas. From our McAllen office, we at The Sanchez Law Firm are here to provide the guidance you need when you are facing allegations of drunk or drugged driving in the state. With over 23 years of experience, our attorney, Sergio Sanchez, has a long track record of building strong legal strategies that take into account current and new Texas DWI laws and penalties. Turn to him for knowledgeable and aggressive DWI defense support.
Key Texas DWI Laws
There is a wide range of laws related to drunk and drugged driving in Texas. Major ones to keep in mind include:
- The legal limit: In Texas, the legal blood alcohol content (BAC) limit is .08%. Testing at or above this limit can lead to DWI charges. However, charges can occur even if you’re below this limit if there is other evidence of impairment (such as impairment by drugs).
- Zero tolerance law: Under Texas law, it’s illegal for drivers under 21 to have any detectable alcohol in their system. This underscores the strict nature of Texas alcohol laws regarding young drivers.
- DWI vs. DUI: DWI and driving under the influence (DUI) are two distinct offenses in Texas. DWI is the standard charge for adult drivers, while DUI is reserved for underage drivers with alcohol in their system.
- Enforcement laws: DWI checkpoints aren’t legal in Texas, but police in the state can use other enforcement tactics such as patrols.
- Implied consent law: Under this Texas law, driving in the state gives consent to take chemical tests (such as a breathalyzer test) if arrested for DWI or DUI. You can face serious legal consequences if you refuse such a test.
- Administrative revocation laws: Under these laws, Texas drivers can be given an administrative license suspension outside of criminal proceedings when they fail or refuse a breath test.
Our DWI and DUI attorney can help you understand what particular laws apply to your situation and what you can expect as you navigate the Texas criminal justice system.
The Potential For Future Change
While Texas hasn’t seen major DWI/DUI law changes since 2023, future shifts are possible. For example, other states have considered lowering their legal limit to .05% since Utah became the first state to do so. Our lawyer keeps a close eye on DWI legislation in the state and nationally, so he is always ready to give clients the most up-to-date guidance and advice related to new Texas DWI laws and penalties.
What Penalties Could You Face For DWI In Texas?
There are a wide variety of Texas DWI penalties. A conviction could expose you to:
- Jail time
- Fines
- License suspensions
- Strict probation terms
- Ignition interlock requirements
- SR-22 insurance requirements
- Mandatory DWI education programs
Texas DWI law is complex, with penalties varying considerably based on your specific situation. Our DWI defense attorney can provide you with clear and honest explanations of what could be on the table for your case.
Texas DWI Charges Can Threaten Your Freedom
Jail or prison time is a very real possibility when accused of drunk driving in the state. A conviction on a first DWI offense typically exposes a driver to a minimum of three days in jail and a maximum of 180 days. A second DWI conviction can lead to a jail sentence of up to a year. A third conviction is a felony offense with a prison term of two to 10 years. In the face of such potential penalties, you need an advocate dedicated to protecting your future. Our DWI lawyer will explore all options for keeping you out of jail.
The Potential Financial Costs Of A Texas DWI
A DWI can be financially devastating. Fines for a conviction can get quite large in Texas, with a driver facing up to:
- $2,000 for a first offense
- $4,000 for a second offense
- $10,000 for a third offense
There can also be substantial additional fees, surcharges and assessments. A conviction can also hit your pocketbook in other ways such as through increased insurance costs and potential career trouble. Our lawyer will strive to get you solutions that safeguard your financial well-being.
Protecting Your Driving Privileges
DWI allegations could put your ability to drive at risk. Testing at or above the legal limit, or refusing a blood test can lead to administrative license suspension. Additionally, you can face a suspension as part of your sentence if convicted. Our lawyer will fight to help you keep your license and maintain your independence.
What Can Lead To Enhanced Penalties
Certain factors can increase the DWI penalties you could face. This includes:
- Having prior offenses on record
- Testing with a BAC above .15%
- Having minors in the vehicle at the time of the alleged offense
- If you are alleged to have caused injury or death to another person
Our lawyer can help you understand if there are any potential aggravating circumstances in your case and what you could be facing.
Get A Free Consultation On Your Texas DWI Case
Your future is too important to leave to chance. When you are accused of alcohol-related traffic violations, turn to a lawyer with extensive knowledge of current and new Texas DWI laws and penalties. Our attorney is ready to fight for you. Call our firm at 956-467-5766 or reach out through our contact form to set up a free consultation. Se habla español.