Driving While Intoxicated (DWI) in Texas

An arrest for Driving While Intoxicated (DWI) in Texas can happen in minutes.

A traffic stop.
A field sobriety test.
A breath or blood test.

But the consequences can last for years.

Texas prosecutes DWI cases aggressively. At the same time, these cases often turn on technical issues — legality of the stop, reliability of testing, and constitutional protections.

Early action matters.

What Is DWI Under Texas Law?

DWI is defined in Texas Penal Code § 49.04.

A person commits DWI if they operate a motor vehicle in a public place while:

  • Not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances; or

  • Having a blood alcohol concentration (BAC) of 0.08 or higher.

The State only has to prove one of those two theories.

You can be charged even if:

  • You refuse a breath test

  • Your BAC is under 0.08 (if the State alleges loss of normal faculties)

  • You were taking prescription medication

Levels of DWI in Texas

First-Offense DWI

Typically a Class B misdemeanor.

Punishment range:

  • 72 hours to 180 days in jail

  • Up to a $2,000 fine

  • Driver’s license suspension

If the BAC is 0.15 or higher, the charge can be enhanced to a Class A misdemeanor (up to 1 year in jail).

Second-Offense DWI

Class A misdemeanor.

Punishment range:

  • 30 days to 1 year in jail

  • Up to a $4,000 fine

  • License suspension

Third-Offense DWI

Third-degree felony.

Punishment range:

  • 2 to 10 years in prison

  • Up to a $10,000 fine

Prior convictions significantly increase exposure.

Other Alcohol-Related Offenses

DWI With a Child Passenger

State jail felony.

Intoxication Assault (Texas Penal Code § 49.07)

Causing serious bodily injury while intoxicated.
Third-degree felony (2 to 10 years).

Intoxication Manslaughter (Texas Penal Code § 49.08)

Causing death while intoxicated.
Second-degree felony (2 to 20 years).

These cases carry severe consequences and require immediate strategic response.

The Administrative License Suspension (ALR) Process

Separate from the criminal case, Texas initiates an Administrative License Revocation (ALR) proceeding if:

  • You refuse a breath or blood test; or

  • You fail a test (0.08 or higher).

You have 15 days from arrest to request an ALR hearing.

If no hearing is requested, your license can be automatically suspended.

ALR hearings can provide early discovery and sworn officer testimony — sometimes revealing weaknesses in the State’s case.

Common Defense Issues in DWI Cases

DWI cases are often technical.

Defense strategy may focus on:

The Traffic Stop

Was there reasonable suspicion to initiate the stop?

Field Sobriety Tests

Were they administered correctly?
Were environmental conditions appropriate?

Breath Test Reliability

Was the machine properly calibrated?
Was protocol followed?

Blood Testing

Was the warrant valid?
Was the chain of custody preserved?
Were proper procedures followed in the lab?

Loss of Normal Faculties

Does the video support the officer’s conclusions?

The State must prove intoxication beyond a reasonable doubt — not merely that alcohol was consumed.

Collateral Consequences

A DWI conviction can affect:

  • Insurance rates

  • Professional licenses

  • Security clearances

  • Immigration status

  • Future sentencing exposure

In many cases, a conviction remains permanently on your criminal record unless reduced or resolved in a manner that allows sealing.

A DWI arrest can feel routine. It is not.

The science, the procedures, and the constitutional issues matter.

The prosecution must prove:

  • Lawful stop

  • Lawful arrest

  • Intoxication beyond a reasonable doubt

Early intervention allows:

  • Timely ALR request

  • Preservation of video evidence

  • Strategic case evaluation

The sooner a defense strategy is developed, the more options typically exist.