But wow look what i found. http://www.dmv.org/tx-texas/automotive-law/dui.php Penalties Before we even start, we should point out that if a law enforcement officer asks you to submit to a breath or blood test to determine the alcohol content of your blood, and if you refuse, your license will probably be taken away from you on the spot and suspended for six months. This is in addition to any suspension you might get later if you're convicted of DWI. Below are the basic penalties for various DWI violations. However, in addition to these, DWI convictions carry an additional financially devastating penalty called conviction-based surcharges. This is an ongoing additional fine that must be paid each year for three years, and it can run you thousands of dollars. We discuss this program more fully in our article about the driver license point system. Drivers 21 and Over First offense: Up to a $2,000 fine Possibly 72 hours to 180 days in jail Driver license suspension: 90 days to one year Second offense: Up to a $4,000 fine Thirty days to one year in jail Driver license suspension: 180 days to two years Third offense: Up to a $10,000 fine Two to 10 years behind bars Driver's license suspension: 180 days to two years Drivers Under 21 The threshold for an alcohol-related driving conviction is lower for drivers under 21. If you're not of legal drinking age, then it's against the law to operate a vehicle with any measurable amount of alcohol in your blood (this is what "zero tolerance" refers to). If you're busted for driving after having had only one beer, here's what can happen to you the first time: Any measurable amount of alcohol: Sixty-day driver's license suspension Up to a $500 fine Twenty to 40 hours of community service Mandatory attendance in alcohol-awareness classes BAC of 0.08% or higher: If you're caught driving with a BAC of 0.08% or higher and you're under 21, you can count on the same DWI penalties as apply to those over 21 (see above), plus a conviction for underage drinking. Driving With a Child Driving drunk with a child passenger is considered a felony. If caught, your license will be immediately suspended.