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DUI law in Texas

The criminal charge and your driving privileges are separate questions. Check both.

DUI law in Texas concerns both the criminal charge and the right to drive. The applicable licence process depends on the alleged conduct, test result or refusal, and the notice or court order. A criminal court date is not a substitute for checking a separate licence deadline. The cited rules below identify what has been verified for this jurisdiction.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
For a Chapter 524 test-failure suspension, DPS must receive the hearing request no later than the 15th day after receipt—or legally presumed receipt—of the suspension notice.
  • Follow the notice's receipt rule. A mailed notice has a statutory presumed-receipt rule; do not substitute the arrest date.
Verified Tex. Transp. Code § 524.031Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Hearing procedure under the cited rule
Request the Chapter 524 hearing from DPS in writing, by fax, or another DPS-prescribed method. DPS headquarters in Austin must receive it within the notice-based statutory period.
  • The deadline is the 15th day after actual or legally presumed receipt of the notice. Use the current DPS hearing instructions.
Verified Tex. Transp. Code § 524.031Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08%
Verified Tex. Penal Code § 49.01Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.
Lookback period
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Alcohol-concentration thresholds in Texas

The cited provision controls the threshold’s scope. Underage and commercial rules can concern licensing as well as criminal liability; they are not all the same offense.

Standard drivers
0.08%
Verified Tex. Penal Code § 49.01Official source (opens in a new tab)
Operating a commercial motor vehicle
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Under-21 rule
any detectable amount
Verified Tex. Transp. Code § 524.012Official source (opens in a new tab)

Texas in detail

8 further Texas topics — interlock, hardship licences, drug DUI, felony DUI, underage, commercial drivers, checkpoints and record relief — are part of the approved taxonomy and are not built yet.