Texas DUI/DWI Laws: Penalties, Court Process, and Records

In Texas, both DWI and DUI charges relate to driving while impaired by alcohol or drugs. For adults, the legal term is DWI (Driving While Intoxicated), whereas DUI (Driving Under the Influence) is specifically for those under 21.

Consequences of impaired driving in Texas can include mandatory license suspensions, high fines, and felony charges for repeat or serious offenses.

This article covers Texas DWI/DUI laws, the penalties involved, the arrest and court procedures, how to access records, and the duration that convictions stay on your record.

What Is a DWI or DUI in Texas?

According to Texas Penal Code §49.04, a DWI happens when someone drives a car in a public area while:

• Having a blood alcohol concentration (BAC) of 0.08% or more
• Being impaired by alcohol, drugs, or a mix of both, no matter the BAC level

Texas also enforces a zero-tolerance policy for drivers who are under 21:

• DUI (Driving Under the Influence of Alcohol by a Minor) is applicable when any trace of alcohol is detected in a minor’s system.

For commercial drivers, the BAC limit is even stricter at 0.04%.

DWI/DUI Penalties in Texas

Texas enforces escalating penalties for repeat DWI convictions. DUI penalties for minors are handled under separate provisions.

• First DWI Offense (Class B misdemeanor):
  • Offenders may face potential jail time of up to 180 days
  • Offenders can expect to pay a fine of up to $2,000
  • Suspension of the driver’s license for up to a year
  • Possible mandatory alcohol education program
  • Offenders may be required to install an ignition interlock device before reinstatement
• Second DWI Offense (Class A misdemeanor):
  • Offenders may face potential jail time ranging from 30 days to 1 year
  • Second offense carries a mandatory fine of up to $4,000
  • Your license may be suspended for 180 days to 2 years
  • Offenders must install an ignition interlock device before reinstatement
• Third DWI Offense (Felony, Third Degree):
  • Offenders may face potential jail time of 2 to 10 years.
  • Third offense carries a mandatory fine of up to $10,000.
  • Your license may be suspended for 180 days to 2 years.
  • Offenders must install an ignition interlock device before reinstatement.
• Aggravated DWI (BAC ≥0.15% or with a child passenger):
  • BAC ≥0.15%: If your BAC is 0.15% or higher, it is considered a Class A misdemeanor. Offenders will face strict fines and will need to install an Ignition Interlock Device (IID).
  • DWI with child passenger: If you are caught driving while intoxicated with a child in the car, that's a state jail felony. You could end up in prison for as long as 2 years and face a fine of up to $10,000.
• DUI by a Minor:
  • First offense: You could face a fine of as much as $500, along with 20 to 40 hours of community service. You could also lose your license for up to a year.
  • Repeat offenses: Repeat offenders face strict fines, longer suspensions, and possible confinement.

DWI/DUI Arrest and Court Process in Texas

Texas DWI/DUI cases include both administrative license actions and criminal prosecution:

1. Traffic Stop and Arrest – In Texas, officers can conduct sobriety and chemical tests if they believe a driver is under the influence. Refusal results in automatic license suspension under Texas’s implied consent law.
2. Booking and Charges – The person accused is fingerprinted, booked, and officially charged.
3. Administrative License Revocation (ALR) – The Texas Department of Public Safety (DPS) automatically suspends the license, but this can be challenged in a hearing within 15 days.
4. Arraignment – The person accused is informed of the charges and is required to enter a plea.
5. Pre-Trial Hearings – Defense lawyers can dispute test results or any mistakes in the process.
6. Trial – The state has to show that the driver was impaired beyond a reasonable doubt.
7. Sentencing – If found guilty, penalties are given, which can include jail time, fines, and license suspension.

How to Search for DUI/DWI Records in Texas

DWI and DUI records in Texas are available to the public and can be accessed through various agencies:

• Texas Judicial Branch (County and District Court Records): Many counties offer online portals to search for DWI/DUI cases.
• Texas Department of Public Safety (DPS): This agency maintains official driver records, which include DWI convictions, suspensions, and IID requirements. Drivers can request their own records.
• County Clerk or District Clerk Offices: These offices provide certified files for DWI/DUI cases and sentencing documents.
• Texas Department of Public Safety Criminal History Search: This department provides statewide background checks for authorized purposes.
• Third-Party Background Check Services: Third-party providers offer a DUI record look-up service for a small fee. However, records might not always be officially accurate.

How Long Does a DWI/DUI Stay on Your Record in Texas?

Texas imposes some of the longest retention periods for impaired driving offenses:

• Criminal Record: If you get a DWI conviction, it stays on your record forever. Texas does not allow expungement, but in some rare situations, you might be able to get deferred adjudication.
• Driving Record: DWI convictions stay on your Texas driving record for life, but only the ones from the last 10 years are considered for harsher penalties.
• Insurance and Employment: A DWI usually increases your insurance rates for 3 to 7 years and can be seen by employers and licensing agencies for an indefinite period.

Under Texas law, both DWI and DUI are punishable offenses. The state has strict rules like mandatory license suspensions, ignition interlock devices, and felony charges for more serious or repeated offenses. Most DWI convictions cannot be expunged in Texas. However, in some rare situations, you might be able to get deferred adjudication. For drivers, employers, and researchers, understanding Texas’s DWI/DUI laws is crucial given their severe and long-lasting consequences.