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Texas DUI Laws

In the state of Texas you will be charged with Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First Texas DUI Offense

  • 72 hours to 180 days imprisonment
  • 180 days to 2 years imprisonment if minor under 15 is present in vehicle
  • 90 days to 1 year license suspension
  • Up to $2000 fine
  • Up to $10,000 fine if minor under 15 is present in vehicle
  • $1000 DWI surcharge per year for 3 years
  • $2000 DWI surcharge per year for 3 years if BAC is 0.16% and above

Second Texas DUI Offense
  • 30 days to 1 year imprisonment
  • 180 days to 2 years imprisonment if minor under 15 is present in vehicle
  • 180 days to 2 year license suspension
  • Ignition interlock
  • Up to $4000 fine
  • Up to $10,000 fine if minor under 15 is present in vehicle
  • $1500 DWI surcharge per year for 3 years
  • $2000 DWI surcharge per year for 3 years if BAC is 0.16% and above

Third Texas DUI Offense
  • 2 to 10 years imprisonment
  • 180 days to 2 year license suspension
  • Ignition interlock
  • Up to $10,000 fine

Texas’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be confiscated and you will be issued a temporary driver’s license. At your hearing, your refusal will be used against and you will likely lose your license.