DWI in Texas: the law, the limits and the device
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Texas calls it DWI — driving while intoxicated, and you will see DUI and drunk driving used for the same offense. In Texas the two are separate charges rather than two names for one thing. DWI applies to drivers 21 and over at 0.08% BAC or otherwise intoxicated; DUI is the zero-tolerance offense for drivers under 21, who can be charged over any detectable amount of alcohol. What follows is what this state sets, taken from its own published rules rather than from a national summary.
What Texas law actually requires
Texas attaches the interlock to the license itself: when a court order reaches the Department, your driving privilege is canceled on the 30th day after it notifies you, unless you fit a device and obtain a restricted interlock license. The restriction is also mandatory by statute for anyone granted an occupational license after a DWI conviction, whether or not the order spells it out — a judge can waive it only by finding it unnecessary for public safety.
- First offense: For the duration of the suspension, unless the court finds good cause to remove the device early
- Lockout threshold: Set by the device standard the Department certifies; the statute does not fix a number
- Program run by: Texas Department of Public Safety, on the court order
Source: www.dps.texas.gov, checked 2026-08-23
DUI vs DWI in Texas
Texas uses DWI, and the difference from plain DUI is worth getting right: In Texas the two are separate charges rather than two names for one thing. DWI applies to drivers 21 and over at 0.08% BAC or otherwise intoxicated; DUI is the zero-tolerance offense for drivers under 21, who can be charged over any detectable amount of alcohol.
Whatever it is called, the licensing consequence is the same shape: a suspension, then the device as the condition of driving again. All six abbreviations, side by side →
Can you get a DWI on a bike or a horse in Texas?
It turns on one word in the statute. Where the law says “vehicle”, no engine is required and the charge can reach a bicycle, a horse or a mobility scooter. Where it says “motor vehicle”, the analysis is different. This is decided by your state’s own wording, not by national custom, and it is the first thing to check before assuming a bike ride home is safe.
Where this state departs from the national picture
Most of what people read about drunk driving is written for the country as a whole. These are the points where Texas does something of its own.
Third offense
A third or subsequent offense is a third-degree felony carrying two to ten years in the penitentiary, a fine up to $10,000 and a license suspension of 180 days to two years.
SR-22 for 2 years
Texas requires a Financial Responsibility Insurance Certificate from an authorized company, maintained for two years from the date of conviction, before a license is renewed or reissued — alongside the reinstatement fee.
Not conducted in Texas
Texas is one of ten states where checkpoints are prohibited by state law, the state constitution or how the courts there read the federal one. Enforcement uses saturation patrols instead, so the absence of checkpoints is not an absence of enforcement.
NHTSA, Countermeasures That Work: Publicized Sobriety Checkpoints
How often this happens in Texas
Federal crash records show the scale the state is legislating against, and how it compares with the country.
Cases are heard where the stop happened, and volume shapes local practice. These TX counties record the most:
Source: NHTSA Fatality Analysis Reporting System, 2020–2022. Counts crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 measure and therefore understates the real figure. Texas runs at or below the national share.
What it costs to get driving again in Texas
Texas does not publish a price cap we could verify, so the quote is the number and your only leverage is a competitor nearby. The national reference points are installation and a monthly fee, with calibration visits every 30 to 60 days.
The two clocks in Texas
The court case and the licensing case run separately. The licensing side moves first, and in the strictest states the window to request a hearing is measured in days — it runs whether or not you have hired anyone.
Texas cities
The county that hears your case is set by where the stop happened, and local practice differs across the state.
DWI questions in Texas
Is it called DUI or DWI in Texas?
Texas uses DWI — driving while intoxicated. You will also see DUI, drunk driving used for the same thing. The label follows the state, not the seriousness of what happened, so paperwork from elsewhere may say something different about identical conduct.
What is the legal limit in Texas?
0.08% for drivers 21 and over, as in every state except Utah, which sits at 0.05%. Below the limit you can still be charged if an officer documents impairment. The reading that triggers the interlock here is a separate number: Set by the device standard the Department certifies; the statute does not fix a number
When does a DWI become a felony in Texas?
Third offense. A third or subsequent offense is a third-degree felony carrying two to ten years in the penitentiary, a fine up to $10,000 and a license suspension of 180 days to two years.
How long does the interlock stay on after a first offense in Texas?
For the duration of the suspension, unless the court finds good cause to remove the device early The program is run by Texas Department of Public Safety, on the court order.
Can you get a DWI on a horse or a bicycle in Texas?
The answer is in whether the statute says “vehicle” or “motor vehicle”. Where it says vehicle, no engine is needed and the charge can reach a bike or a horse; where it says motor vehicle, it cannot. This is one of the most searched questions in the whole subject and one of the most confidently answered wrongly — the wording of your own state decides it.
What happens on a third DWI in Texas?
A third or subsequent offense is a third-degree felony carrying two to ten years in the penitentiary, a fine up to $10,000 and a license suspension of 180 days to two years. Beyond the class of the offense, a repeat also lengthens the interlock requirement and the insurance filing that follows it.
Are DUI checkpoints legal in Texas?
No. Texas is one of ten states that do not run sobriety checkpoints — the ban rests on state law or the state constitution rather than the federal one. Enforcement there relies on saturation patrols instead.
A first DWI here →A second DWI here →When a DWI is a felony in Texas →
When a charge becomes a felony → The test and the refusal → How long it stays on your record →Texas class requirements →Texas SR-22 rules →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.