Texas DWI Charges Explained: What Are the Levels of a DUI Under Texas Law?

The short answer: for adults in Texas there are not formal “DUI levels,” but there are clear levels of DWI charges. The main categories are first offense DWI, high BAC DWI at 0.15 or higher, repeat offenses, and felony-level DWI based on prior convictions or facts like a child passenger or a crash with serious injury. Understanding these levels of DWI charges in Texas helps you see what penalties you face and what steps protect your license and job.

If you were just arrested in Houston or a nearby county, you likely feel overwhelmed. You may worry about your commercial projects, the paycheck your family counts on, and whether you can keep driving to work. This guide breaks down what the different “levels” mean in plain language, what penalties could apply, and the immediate actions that help you protect your driver’s license within the 15 day ALR window.

Quick overview: levels of DWI charges in Texas

Texas uses the crime of Driving While Intoxicated for adults, not DUI. DUI in Texas mainly applies to drivers under 21 and is a different, usually lower level offense. For adults, here are the practical “levels” most people mean when they ask about DWI:

• First offense DWI Class B misdemeanor. Up to 180 days in jail and up to a $2,000 fine. Minimum 72 hours in jail. A first conviction also carries a state traffic fine of $3,000 and possible license suspension.
• High BAC DWI at 0.15 or higher Class A misdemeanor even on a first case. Up to 1 year in jail, up to a $4,000 fine, and a separate state fine of up to $6,000. Judges often order ignition interlock.
• Second DWI offense Class A misdemeanor. From 30 days to 1 year in jail, up to a $4,000 fine, longer license consequences, and a $4,500 state fine if the second is within 36 months of the first.
• Felony DWI Several paths to felony: a third or more DWI, DWI with a child passenger under 15, DWI causing serious bodily injury, or intoxication manslaughter. Felony ranges run from 180 days in state jail up to 20 years in prison depending on the charge.

For a deeper side by side comparison of penalties and typical sentences, see this overview of Texas DWI penalties and typical sentences.

Key definitions: what Texas law actually requires

Under Texas law, an adult commits DWI if they drive while intoxicated by alcohol or drugs. Intoxicated means either your normal use of mental or physical faculties is lost due to alcohol or another substance, or your alcohol concentration is 0.08 or more at the time of driving. The statute also sets out enhancements for 0.15 BAC, child passengers, and crash injuries.

For the exact statutory language, review Texas Penal Code Chapter 49 — DWI statutes and elements.

Common misconception to correct: many adults say “I was charged with DUI in Texas.” For drivers 21 and older, the adult charge is DWI. DUI is a separate offense for minors under 21 who drive with any detectable alcohol. Your ticket might use casual wording, but your court case will be filed as DWI if you are an adult.

How the main DWI levels work in practice

First offense DWI Texas

If this is your first arrest, it is usually a Class B misdemeanor. Punishment can include up to 180 days in jail, with a minimum of 72 hours, up to a $2,000 fine, court costs, probation with classes, community service, and possible ignition interlock if ordered. On conviction the state also assesses a separate traffic fine of $3,000. Some first offenders are eligible for deferred adjudication, which avoids a conviction if successfully completed, but it still has duties and fees.

License impact: on the administrative side, if you took a breath or blood test and failed at 0.08 or higher, DPS seeks a 90 day license suspension for a first occurrence. If you refused testing, DPS seeks 180 days. These administrative license revocations are separate from any criminal penalties, and you must request a hearing within 15 days to fight them.

Real Houston example, anonymized: A construction manager was stopped near US 290 after a lane change dispute. He cooperated, took a breath test that read 0.09, and was booked into the Harris County Jail. Because he requested an ALR hearing within the 15 day window and got a temporary permit, he kept driving to job sites while his lawyer challenged the stop and the breath machine. The case later resolved with a reduced outcome and a short class instead of jail. Your facts will be different, but early steps protected his driving and paycheck.

DWI 0.15 BAC enhancement Texas

If your breath or blood result is 0.15 or higher, Texas law elevates the charge to a Class A misdemeanor. Even on a first arrest, the maximum jail exposure becomes 1 year and the fine exposure rises to $4,000, plus a separate state fine of up to $6,000 on conviction. Courts frequently require ignition interlock as a bond or probation condition and may limit alcohol use during the case.

For a deeper dive into which high-BAC levels trigger enhanced DWI penalties, see our related explainer.

Second DWI offense Texas

A second DWI is a Class A misdemeanor with 30 days to 1 year in jail, up to a $4,000 fine, a potential $4,500 state fine if within 36 months of the first, longer community service, alcohol treatment conditions, and longer license consequences. A prior from another state or from long ago can still count. Courts typically require ignition interlock while the case is pending and during probation.

Felony DWI Texas

• Third DWI or more third degree felony. Range is 2 to 10 years in prison and up to a $10,000 fine. Probation is possible but brings strict terms and long interlock periods.
• DWI with child passenger under 15 state jail felony. Range is 180 days to 2 years in a state jail facility and up to a $10,000 fine, even if it is your first alcohol-related arrest.
• Intoxication assault third degree felony if a crash causes serious bodily injury. Range is 2 to 10 years and up to a $10,000 fine. Enhancements can increase the degree if certain facts apply.
• Intoxication manslaughter second degree felony if a crash causes death. Range is 2 to 20 years and up to a $10,000 fine.

For a plain-language reference while you read this section, here is a clear explanation of when a DWI becomes a felony in Texas.

Penalty chart at a glance

Level	Charge grade	Jail or prison range	Max criminal fine	State traffic fine on conviction	Typical license impact
First offense DWI	Class B misdemeanor	72 hours to 180 days	$2,000	$3,000	ALR 90 days if test failure, 180 days if refusal
DWI with BAC 0.15+	Class A misdemeanor	Up to 1 year	$4,000	$6,000	ALR as above, plus likely ignition interlock orders
Second DWI	Class A misdemeanor	30 days to 1 year	$4,000	$4,500 if within 36 months	Longer ALR and longer court ordered suspension
Third or more DWI	Third degree felony	2 to 10 years	$10,000	N/A	Felony-level license restrictions and interlock common
DWI with child passenger	State jail felony	180 days to 2 years	$10,000	N/A	Strict bond terms and interlock likely

If you manage crews or work sites, you may be worried about time off and CDL status. In Harris County, many cases start with bond conditions like interlock and random testing, which you can plan around if you act quickly. The sooner you organize paperwork and request your hearing, the better you can safeguard your license and keep paychecks coming.

ALR: the 15 day deadline to protect your license

After a DWI arrest, Texas DPS can try to suspend your driver’s license in a separate civil process called Administrative License Revocation. If you refused testing or if a chemical test result was 0.08 or higher, you have 15 days from the date you received the notice to request a hearing. If you do not request it in time, the suspension will start automatically even if your criminal case is later dismissed.

• If you refused testing DPS seeks a 180 day suspension for a first occurrence, and 2 years if you had a prior alcohol related contact in the last 10 years.
• If you failed at 0.08 or above DPS seeks a 90 day suspension for a first occurrence, and 1 year if you had a prior alcohol related contact in the last 10 years.
• Occupational license may be available if a suspension begins, but most people prefer to win or resolve the ALR first so they can keep a full license for work.

To see the state’s instructions, visit How to request an ALR hearing from Texas DPS.

Want a quick, practical checklist while you wait for your bond release paperwork or your first court date? Try these interactive tips and checklist for immediate next steps after arrest.

What to expect in Houston and surrounding counties

Most Houston area DWI cases start in a county criminal court. Your first setting is typically within 2 to 4 weeks of arrest. You or your lawyer can get police videos, breath or blood records, and lab data through discovery. Many Harris County courts will require ignition interlock as a bond condition if the case involves 0.15 or higher or a crash, and some judges require it in all repeat cases. Expect periodic status settings about every 30 to 60 days.

For someone supporting a family, that schedule matters. You can plan work travel, job site visits, and childcare around court dates if you know them early. If you are on probation in another case, discuss overlap immediately because a DWI arrest can trigger a motion to adjudicate or revoke in that older case.

Secondary reader notes: quick guidance by reader type

Analytical Professional: you want numbers and likelihoods. Many first offense DWIs in Harris County resolve without jail time through probation or deferred adjudication if the facts and record are favorable. Blood result turnarounds often take 60 to 120 days. ALR hearings typically set 60 to 90 days from the request date. Case reductions depend on issues like stop legality, test reliability, witness credibility, and your prior record.

High-stakes Executive: you need discretion and speed. Early engagement allows fast ALR filing, bond condition negotiation, and targeted discovery to position a quick resolution. Ask about settings that limit in-person appearances and how to coordinate court dates with travel calendars.

Career-Focused Pro (Nurse): you worry about board reporting and HR policies. Even a deferred outcome can carry reporting duties depending on your role. Plan for proof-of-treatment letters and compliance documents. Know that a test refusal can lead to longer DPS suspensions that complicate shift coverage.

Already-ready Client: you want proof of involvement and elite outcomes. Focus questions on motion practice, suppression litigation, and trial experience in the specific court where your case is filed. Ask how the lawyer approaches video review and calibration records for the breath machine used.

Party-age Uninformed: be aware that for adults, DWI is the charge. DUI is mainly for minors under 21. One night of mistakes can lead to months of court and license issues. Learn the ALR deadline and protect your ability to get to work or class.

How BAC, facts, and history change the outcome

Texas law creates clear milestones that move a case up the ladder. A 0.15 BAC or higher upgrades a first case to Class A. A second DWI upgrades the case to Class A regardless of BAC. A third DWI becomes a third degree felony. Add a child passenger under 15 and the case becomes a felony even on a first arrest. A crash with serious injury or death moves the case to intoxication assault or intoxication manslaughter felonies. These shifts change both punishment ranges and bond conditions like interlock and travel limits.

For a simple side-by-side on offense history, see our primer on how DWI charge levels differ by offense history.

Defenses and options at each DWI level

Stops and detention

The defense often starts with whether the officer had reasonable suspicion for the stop and probable cause for arrest. Lane drift without danger, a wide turn, or a short touch of the fog line can be challenged depending on the video. If the stop is suppressed, the case can be dismissed.

Field sobriety tests

Standardized tests look scientific but are vulnerable to error. Uneven pavement, work boots, back pain, and flashing lights matter. Video can undercut an officer’s scoring and credibility.

Breath and blood testing

Breath machines require strict maintenance and operator procedures. Blood testing depends on chain of custody, storage conditions, and lab method. Results at or near 0.08 often leave room for reasonable doubt or negotiated reductions. Even higher results can be challenged if timing, fermentation, or rising BAC issues exist.

Negotiation and alternative outcomes

Depending on facts and history, outcomes can include dismissal, not guilty at trial, reduction to a lesser charge, deferred adjudication, or probation with conditions. Judges commonly require alcohol education, victim impact panels, community service, or treatment. Interlock is common in high BAC, repeat, or crash cases. Your employment schedule can usually be accommodated if you plan early.

Why the first 10 days matter for your job and license

In the first week and a half, you can still control important pieces. Request the ALR hearing before day 15. Collect paperwork, bond documents, and the temporary driving permit so you can legally drive to work. Save receipts that show where you were before the stop. Make a list of potential witnesses and locations with cameras. If a company vehicle or CDL is involved, get ahead of HR reporting rules. Early action protects your paycheck and can reduce court trips later.

Frequently asked questions about levels of DWI charges in Texas

Is a first offense DWI in Texas a felony or misdemeanor?

For adults, a first offense DWI is typically a Class B misdemeanor. It becomes a Class A if BAC is 0.15 or higher, and certain facts like a child passenger can turn it into a felony even on a first arrest.

How long does a DWI stay on my record in Texas?

A DWI arrest and case record can remain indefinitely unless it is sealed or expunged where allowed by law. Eligibility depends on the outcome and your history, and felony cases have stricter limits.

What are the license suspension times if I refused or failed a test?

For most first-time adult drivers, DPS seeks 90 days if you failed at 0.08 or higher and 180 days if you refused. With a prior alcohol related contact in the last 10 years, those periods increase to 1 year for a failure and 2 years for a refusal.

When does a DWI become a felony in Texas?

Common felony paths include a third or more DWI, DWI with a child passenger under 15, intoxication assault for serious injury, and intoxication manslaughter for a fatal crash. Penalty ranges increase from 180 days in state jail up to 20 years in prison depending on the offense.

Do Houston courts treat high BAC cases differently?

Yes. A 0.15 or higher result elevates the charge to Class A and often triggers ignition interlock as a bond condition. Courts may also add alcohol monitoring or no alcohol orders while the case is pending.

Closing guidance: why acting early matters if you are a Blue-collar Worried Provider

You work hard and people rely on you. The fastest way to protect your ability to work is to meet the ALR deadline, organize your documents, and get a plan for bond conditions like interlock. When you understand the levels of DWI charges in Texas, you can focus on the exact risks you face, not internet rumors. A qualified Texas DWI lawyer can help tailor the plan, but the first moves are yours and they start today.

To get a quick primer on the difference between DWI and DUI in Texas and how charge levels stack up, watch this short video. It is a clear explainer for busy working people who need the basics fast.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
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