Driving Under the Influence

Connecting You With Texas

Family
Jobs
Education
Opportunities
Attractions
Entertainment
Wide Open Spaces
History
Quality of Life
Sports
Parks
Shopping
Services
People
Wildflowers
BBQ
Shores
Schools
Rodeos
Music
Tacos
Adventure
Trails
Traditions
Safely
Sunsets
Culture
Festivals
Friends
Life
Possibilities
Legends

A - Z Site Index | Contact Us | Español |

Driving Under the Influence

Driving while under the influence of alcohol or drugs can risk your life and the lives of others, and it can send you to jail.

When am I legally intoxicated?

You are legally intoxicated in Texas when your blood alcohol concentration reaches 0.08%, but you are breaking the law as soon as drugs or alcohol affect your driving — or flying or boating — ability.

What are the penalties for a DWI?

First offense

Up to a $2,000 fine.
Up to 180 days in jail upon conviction with three mandatory days.
Loss of driver license up to a year.

Second offense

Up to a $4,000 fine.
One month to a year in jail upon conviction.
Loss of driver license up to two years.

Third offense

A $10,000 fine.
Two to 10 years in prison.
Loss of driver license up to two years.

These fines do not include a state fine of $3,000, $4,500, or $6,000 assessed upon sentencing.

Drunk driving with a child passenger

You will be charged with child endangerment if you're driving drunk with children under 15.
You will be additionally fined up to $10,000.
You could be put in jail for up to two years.
You will lose driver's license for another 180 days.

Driving with an open container

Carrying an open container of alcohol in your vehicle, even if you're not drunk, is illegal. Learn more about Texas open container laws.

Safety campaigns

See our drunk driving safety campaigns.

Divisions

What We Do

Texas.gov
TxTag
MY35.org
I-69