New Texas DWI Laws for 2026: What Has Changed and What It Means for You

Texas lawmakers have continued to tighten DWI enforcement heading into 2026. Understanding the latest changes to the law is critical — both for drivers on the road and for anyone currently facing a DWI charge.

Enhanced Penalties for Repeat Offenders

Texas has strengthened mandatory minimum sentences for second and third DWI offenses. A second DWI conviction now carries a mandatory minimum of 30 days jail (up from 3 days under prior law), and third offenses are now automatically charged as third-degree felonies carrying 2–10 years in prison. Courts have also expanded the use of ignition interlock devices as a condition of bond — even for first-time offenders.

DWI with a Child Passenger: Automatic Felony

Under Texas Penal Code § 49.045, driving while intoxicated with a passenger under 15 years old is a state jail felony regardless of prior record. This offense carries 180 days to 2 years in a state jail facility and a fine up to $10,000. The law applies even if you are a first-time offender.

Breath Test Refusal: New Consequences

While you still have the right to refuse a breath or blood test in Texas, refusal now triggers an automatic 180-day Administrative License Revocation (ALR) — up from 90 days in prior years. Prosecutors are also increasingly using refusal as evidence of “consciousness of guilt” at trial. If you refused a test, speak with an attorney immediately.

Deferred Adjudication: No Longer Available for DWI

As of recent legislative sessions, deferred adjudication — a program that allows defendants to avoid a final conviction — is NOT available for DWI offenses in Texas. This makes fighting DWI charges at trial, or negotiating charge reductions, more important than ever.

Frequently Asked Questions