DUI vs. DWI in Texas: Penalties, Minors, and License Loss

In Texas, a DUI and a DWI are two different offenses with different targets. A DWI, or driving while intoxicated, applies to any driver whose blood alcohol concentration reaches 0.08% or who has lost the normal use of their mental or physical faculties from alcohol or drugs. A DUI, or driving under the influence, applies only to drivers under 21 and requires nothing more than a detectable amount of alcohol in the system. A first DWI is a Class B misdemeanor with possible jail time; a first DUI is a Class C misdemeanor closer in weight to a traffic citation.

The two charges live in different parts of Texas law. DWI is a Penal Code offense. DUI is an Alcoholic Beverage Code offense aimed at underage drinking. That structural split explains most of the practical differences you’ll see below.

Who Each Charge Applies To

DWI has no age limit. Anyone driving in a public place while intoxicated can be charged, including a minor.¹ A 19-year-old who blows 0.10% is looking at a DWI, not a DUI.²

DUI applies only to people under 21. The statute is written as a zero-tolerance rule for minors and explicitly says it is not a lesser included offense of DWI, so a prosecutor can pursue one, the other, or both depending on what the evidence supports.³

What the State Has to Prove

For DWI, the state must prove intoxication. Texas defines that two ways: a BAC of 0.08% or higher, or the loss of normal mental or physical faculties because of alcohol, a controlled substance, a drug, or a combination.⁴ That second prong is why you can be charged with DWI even if your breath test comes in under 0.08%. Poor driving, slurred speech, or failed field sobriety cues can carry a case.

For DUI, the state only has to show that a minor was driving with any detectable amount of alcohol in their body. There is no impairment requirement. One drink is enough.³ The DUI statute also reaches watercraft, not just cars and trucks.

DWI Penalties

DWI penalties escalate based on prior convictions, BAC, and whether a child was in the car.

First Offense

A standard first DWI is a Class B misdemeanor with a minimum jail term of 72 hours.¹ The maximum penalties are a $2,000 fine and 180 days in county jail.⁵ License suspension runs 90 days to one year for drivers 21 and older, or a full year for drivers under 21 who are convicted without community supervision.

First Offense With High BAC

If your BAC was 0.15% or higher at the time of testing, the charge jumps to a Class A misdemeanor.¹ That doubles the exposure to a maximum $4,000 fine and up to one year in jail.⁶ Courts often require an ignition interlock device, typically $70 to $150 to install plus $60 to $100 per month in monitoring fees.

Second Offense

A second DWI is automatically a Class A misdemeanor with a 30-day minimum jail term, regardless of BAC.⁷ The maximum is a $4,000 fine and one year in jail. License suspension runs 180 days to two years, and stretches to a full one-to-two-year suspension if the second offense falls within five years of the first.

Third Offense

A third DWI is a third-degree felony, with 2 to 10 years in state prison and a fine of up to $10,000.⁷ License suspension runs 180 days to two years. A felony conviction carries lasting consequences for employment, housing, and firearm rights.

DWI With a Child Passenger

Driving intoxicated with a passenger younger than 15 is a state jail felony on the first offense, punishable by 180 days to two years of confinement and a fine of up to $10,000.⁸⁹ The arrest can also draw a separate Child Protective Services investigation, whether or not the DWI produces a conviction.

DUI Penalties for Minors

A first or second DUI is a Class C misdemeanor, the lowest criminal category in Texas.³¹⁰¹¹

A second conviction raises community service to 40 to 60 hours and the license suspension to 60 days. A third DUI is where things change. A minor with two prior convictions faces a fine of $500 to $2,000, up to 180 days in jail, and a 180-day license suspension, and is no longer eligible for deferred disposition or deferred adjudication.³

Missing the deadline on the alcohol awareness program has its own cost. The court can suspend the minor’s license for up to six months for a first offense, or up to one year for a minor with prior alcohol-related convictions.¹⁰

Refusing the Test and Losing Your License

Both charges pull in Texas’s implied consent law. Anyone arrested for DWI, and any minor suspected of DUI, can be asked to provide a breath or blood specimen.¹² Refusing brings a 180-day administrative suspension for a first refusal, or two years if your record shows any alcohol- or drug-related enforcement contact in the preceding 10 years.¹³ Failing the test (BAC at or above 0.08%, or any detectable alcohol for a minor) also draws an administrative suspension, though for a shorter period.

The window to fight this is short. You have 15 days to request an administrative hearing if the officer served you at the scene, or 20 days if the notice was mailed after blood results. Miss that window and the suspension automatically takes effect on the 40th day.¹⁴ This administrative process runs separately from the criminal case, so you can lose your license even if the DWI or DUI itself is later dismissed.

Costs That Follow Either Charge

The fine printed in the statute is rarely the real bill. Courts often require SR-22 insurance certification for up to two years after a conviction, and insurers charge higher premiums for drivers who need one. If the SR-22 lapses, the filing clock can reset.

If your license is suspended, you can petition a court for an occupational license that permits driving for work, essential household duties, or school. It does not allow you to operate a commercial vehicle.¹⁵ An SR-22 filing and applicable fees are required, and the occupational license typically lasts one year, up to a two-year maximum.

Commercial drivers face the harshest professional hit. Under federal rules, a first alcohol-related driving offense disqualifies your CDL, and a second major offense triggers a lifetime disqualification, though states may allow reinstatement after 10 years if the driver completes an approved rehabilitation program.¹⁶ For a CDL holder, one DWI can end a career.

Add towing and impoundment, court-ordered alcohol education, and defense costs. A private attorney for a first-time DWI generally runs from $1,500 to $10,000 depending on complexity and whether the case goes to trial. Between fines, fees, insurance increases, and lost income, a first DWI conviction in Texas commonly reaches five figures in total cost.

1
State of Texas. Texas Penal Code Section 49.04 – Driving While Intoxicated
2
Texas Department of Transportation. Underage Drinking and Driving
3
State of Texas. Texas Alcoholic Beverage Code Section 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by Minor
4
State of Texas. Texas Penal Code Section 49.01 – Definitions
5
State of Texas. Texas Penal Code Section 12.22 – Class B Misdemeanor
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State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
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State of Texas. Texas Penal Code Section 49.09 – Enhanced Offenses and Penalties
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State of Texas. Texas Penal Code Section 49.045 – Driving While Intoxicated With Child Passenger
9
Texas Attorney General. Penal Code Offenses by Punishment Range
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State of Texas. Texas Alcoholic Beverage Code Section 106.115 – Court Orders
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State of Texas. Texas Alcoholic Beverage Code Section 106.071 – Punishment for Alcohol-Related Offense by Minor
12
State of Texas. Texas Transportation Code Section 724.012 – Taking of Specimen
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State of Texas. Texas Transportation Code Section 724.035 – Suspension or Denial of License on Refusal
14
Department of Public Safety. Administrative License Revocation Program
15
Department of Public Safety. Occupational Driver License
16
eCFR. 49 CFR 383.51 – Disqualification of Drivers