DWI DUI Laws in Texas What You Need to Know

Driving while intoxicated (DWI) or driving under the influence (DUI) is a serious offense in Texas. These laws are in place to ensure everyone’s safety on the road. If you, or someone you know, ever faces this situation, this article aims to provide the information you need to know to stay informed about DWI/DUI laws.

Blood Alcohol Content (BAC) Limits in Texas


Texas law defines intoxication primarily by a driver's blood alcohol content (BAC). For most drivers, a BAC of 0.08% or higher is considered legally intoxicated. However, the threshold is lower for commercial drivers who are considered intoxicated with a BAC of 0.04% or higher. For drivers under the age of 21, Texas has a zero-tolerance policy, which means any detectable alcohol in their system can result in penalties.


Penalties for DWI/DUI Convictions 

The penalties for DWI/DUI offenses in Texas depends on different circumstances, including whether it’s your first offense or if someone was harmed.


First-Time Offense 

  • Fines: Up to $2,000. 
  • License Suspension: Up to 1 year. 
  • Jail Time: 3 to 180 days. 
  • Other Requirements: You may need to attend a DWI education program or install an ignition interlock device in your car. 


Second Offense 

  • Fines: Up to $4,000. 
  • License Suspension: Up to 2 years. 
  • Jail Time: 1 month to 1 year. 
  • Community Service: 80 to 200 hours. 


Third Offense 

  • Fines: Up to $10,000. 
  • License Suspension: Up to 2 years. 
  • Jail Time: 2 to 10 years. 
  • Community Service: At least 160 hours. 


Additional Penalties 

If a minor is in the vehicle at the time of the arrest, penalties are generally much harsher. You could face child endangerment charges, with fines of up to $10,000, and up to 2 years in jail.

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Consequences of a DWI/DUI Conviction

Beyond fines and jail time, a DWI/DUI conviction can have lasting consequences on your life, including: 

  • Higher Auto Insurance Rates: You’ll be seen as "high-risk," which means paying a lot more for insurance. 
  • Job Challenges: A criminal record can make it harder to get certain jobs, especially those requiring a clean driving record. 
  • Travel Restrictions: Some countries may not allow you to enter if you have a DUI/DWI record. 
  • Permanent Record: A DWI/DUI stays on your criminal record and can affect both your personal and professional life for years. 


Legal Defenses Against DWI/DUI Charges 


If you’re charged with a DWI/DUI, there are legal defenses that could help your case, such as:


  • Improper Stop: If the officer didn’t have a probable cause to stop your vehicle. 
  • Faulty Testing Equipment: Breathalyzers or other testing devices may not have been working properly. 
  • Medical Conditions: Certain health issues can mimic signs of intoxication or affect test results.
  • Violation of Rights: If law enforcement failed to follow proper procedures, it could lead to your charges being challenged. 


Having a strong legal defense can make a significant difference in the outcome of your case.

How a DWI/DUI Lawyer Can Help 

Dealing with DWI/DUI charges in Texas can be overwhelming without professional legal guidance. Hiring a competent DWI/DUI lawyer can greatly increase your chances of getting a favorable outcome in your case. A qualified attorney can:


  • Review the details of your arrest and find weaknesses in the case against you. 
  • Negotiate with prosecutors to reduce charges or penalties. 
  • Represent you in court and make sure your rights are protected. 


Work with a Trusted Legal Advocate

If you’re facing DWI/DUI charges in Texas, seeking help from an experienced lawyer is crucial. Mike Warner of The Warner Law Firm has a strong record of helping clients in the Amarillo area and throughout the Texas Panhandle. We provide personalized legal advice to give your case the attention it deserves. Contact us today to schedule a consultation and get the legal representation you need.

Understanding the Statute of Limitations for Texas Injury Claims

December 22, 2025
Were you recently injured due to the negligence of another party? We hope not, but we understand that these types of incidents can occur at any time. In fact, you are probably eager to do whatever it takes to get healthy and return to your normal life as soon as possible. That’s all fine and good, but do not let the clock run out on your personal injury claim in Texas. A statute of limitations may sound confusing, but it affects your right to pursue compensation. Here’s what you need to know, broken down in simple terms so you can protect your rights in Texas. What Is the Statute of Limitations? Before we jump into Texas law, let’s first discuss the basics of statutes of limitations. Simply put, it is a countdown. Statutes of limitations are laws that limit the time within which you can file a lawsuit in court. The time usually starts running on the date of the injury. If you miss the deadline, a judge will almost certainly dismiss your case, even if you have a strong claim, and serious injuries. There are very limited exceptions to this rule, which we will discuss below. The purpose of a statute of limitations is to make sure people bring their lawsuits when evidence is still available, and witnesses still remember the accident. The Standard Two-Year Time Limit for Texas Personal Injury Claims Texas has a two-year time limit for almost all personal injury cases, regardless of the type of case or the cause of the accident. The two-year time limit applies to all car accident cases, slip and fall injuries, trucking accidents, and any other type of personal injury case where a negligent person or company causes you injuries and losses. Therefore, you have two years from the date of the accident to file a lawsuit in Texas. For example, if you were injured in an accident that happened on January 15, 2025, you must file a lawsuit before January 15, 2027, or your case will be dismissed. Two years might seem like a long time, but it will take time to figure out how to build a case. It is important to preserve evidence, gather information, negotiate with the insurance companies, and of course, you also need time to recover from your injuries. For this reason, you should contact a lawyer immediately.

A Guide to Modifying Child Support Orders in Texas

December 8, 2025
Life does not stop, no matter how many court orders are signed. After you have gotten a divorce or finished a custody case, chances are that things will change. Perhaps you lost a job, got a new promotion, or maybe your child’s circumstances have altered in ways that you can’t have predicted. When that happens, your original child support order may quickly fall out of sync with your current situation. If you are in this boat and wondering what to do about it, you are in the right place. In this guide, we will take you through the process of getting your child support modified in Texas. We’ll cover the rules on when and how this can happen, along with some of the most common reasons modifications are granted and what you need to do if you want to get started. Grounds for Modification in Texas The first thing to keep in mind is that a child support order cannot be changed at will or without good reason. The state of Texas has specific guidelines about what sort of changes in your situation are significant enough for a modification to be considered. The standard is a “material and substantial change” in your life, your child’s life, or the other parent’s life since the last court order. 

What is Alimony in Texas Who Qualifies and How It Works

November 14, 2025
Learn how alimony (spousal support) works in Texas, who qualifies, and how courts decide payment amounts and duration. Get expert legal help from The Warner Law Firm to protect your rights in divorce and spousal maintenance cases.