Complete Overview of Texas DWI Laws

There are no penalties for refusing to take the field sobriety test, however, the officer may use your refusal when determining the probable cause to arrest. If your case goes to trial, a jury might consider your refusal to a field sobriety test as evidence of driving while intoxicated.

Refusing a Texas DWI blood, urine, or breath test is a violation of the implied consent law in Texas. Failure to consent to a DWI chemical test will result in an automatic license suspension for at least 180 days. If this is your second or subsequent refusal, then your license will be suspended for at least 2 years. Your refusal will also be used as evidence against you in court

At the time of your arrest for DWI, a police officer will confiscate your license and issue you a temporary permit called a Notice of Suspension and Temporary Driving Permit. It will also include the procedure for requesting an Administrative License Revocation (ALR) hearing. At the hearing, an administrative law judge will decide the length of your license suspension. 

Following a Texas DWI Arrest, you can expect criminal charges that, if convicted, can include jail time and fines, as well as an administrative hearing that can result in the suspension of your driver's license if you lose. 

Criminal Charges

A first offense DWI in Texas can be charged as either a class A or class B misdemeanor.

A class A misdemeanor includes a first offense DWI with a blood-alcohol level of over .15.A class A misdemeanor can result in up to a year in jail, a fine no more than $4000, and up to 2 years probation. 

A class B misdemeanor is a first offense DWI with a blood alcohol level of under .15. A class B misdemeanor can result in jail time between 72 hours to 180 days, a fine of no more than $2,000, and up to 2 years probation. 

Administrative License Revocation Hearing

After a Texas DWI Arrest, you will be served with a Notice of Suspension. You then have 15 days from receiving the notice to request a hearing with the Texas Department of Public Safety to try to preserve your driving privileges.

If you are convicted of a Texas DWI, you will be faced with criminal and administrative penalties. 

Texas DWI Criminal Penalties

DWI 1st Offense: A first offense DWI is a Class B misdemeanor. A conviction carries a maximum fine of $2,000 as well as a jail sentence of up to 180 days. A first offense becomes a Class A misdemeanor if your BAC at the time of driving was .15 or more. A Class A misdemeanor carries a maximum fine of $4,000 as well as a jail sentence of no more than one year. A first offense conviction will also lead to a license renewal surcharge of up to $2,000 per year for three years.

DWI 2nd Offense: A second offense DWI is a Class A misdemeanor. A conviction carries a maximum fine of $4,000 as well as up to one year in county jail.

DWI 3rd Offense: A third offense DWI is a third-degree felony. It carries a maximum fine of $10,000. What's more, a third offense DWI carries a maximum prison sentence of 10 years in the state penitentiary system.

DWI 4th Offense: A fourth or subsequent conviction for DWI is also a felony offense. It carries a maximum fine of $20,000 as well as a maximum prison sentence of 10 years.

Texas DWI Administrative Penalties

DWI 1st Offense: For a first offense, the State of Texas will suspend your driver's license for one year. When you are eligible to obtain your license again, you will be required to pay a DWI license surcharge of $2,000 per year for three years in order to have your privileges reinstated. That is in addition to any other fees or costs related to your license.

DWI 2nd Offense: A second offense DWI is punishable by a two-year suspension of your driving privileges. Once eligible to reinstate your license, you will be charged a $2,000 surcharge per year for three years.

DWI 3rd Offense: A third offense DWI will lead to a two-year loss of your driver's license. Additionally, upon reinstatement, you will be required to pay a $2,000 per year surcharge for three years.

DWI 4th Offense: For a fourth or subsequent conviction, you will face another 2-year loss of your driver's license as well as the $2,000 per year surcharge.