The statutes that control Texas DWI cases
DWI in Texas is defined by Tex. Penal Code § 49.04, and the chemical-testing rules sit in Tex. Transp. Code § 724.011. Both are published in the official state code at statutes.capitol.texas.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.
Statutory text, definitions, BAC thresholds and sentencing ranges.
What refusing a breath, blood or urine test costs you.
Statute at a glance
Texas DWI law at a glance
Sourced from the Texas code and state agency sites. Verify current text before relying on it.
- Offense name
- DWI (Texas)
- Controlling statute
- Tex. Penal Code § 49.04
- Implied consent
- Tex. Transp. Code § 724.011
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Licence hearing deadline
- 15 days after arrest
- First-offense fine
- up to $2,000
- First-offense jail exposure
- up to 6 months
- Licence suspension
- 1 year
- Ignition interlock
- Not automatic on a first offense
- Trial court
- the County Court at Law
- High-risk filing
- SR-22 for 2 years
A first offense is a class B misdemeanor, with a higher minimum jail term at 0.15 BAC.
First-offense exposure under Tex. Penal Code § 49.04: up to $2,000, up to 6 months of jail exposure, and a 1 year licence suspension. A first offense is a class B misdemeanor, with a higher minimum jail term at 0.15 BAC.
What Tex. Penal Code § 49.04 actually says
- Tex. Penal Code § 49.04(a) — an offense is committed if the person is intoxicated while operating a motor vehicle in a public place.
- Tex. Penal Code § 49.04(b) — a first DWI is generally a Class B misdemeanor with a minimum 72-hour confinement term.
- Tex. Penal Code § 49.09 — enhanced grading based on prior intoxication convictions.
Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on statutes.capitol.texas.gov carries an effective date — amendments passed after it are not yet reflected.
Texas ZIP codes covered
These Texas ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.
Counties and cities using these Texas resources
Counties
Other Texas official resources
Frequently asked questions
- What statute defines DWI in Texas?
- Tex. Penal Code § 49.04 is the controlling DWI statute in Texas. You can read the current text on the official code site at statutes.capitol.texas.gov.
- What is the Texas implied-consent law?
- Tex. Transp. Code § 724.011 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DWI arrest.