Understanding the serious consequences of DWI charges in Texas and your legal options for defense.
View Penalties Get Lawyer Referral ASAPIn Texas, Driving While Intoxicated (DWI) is defined as operating a motor vehicle in a public place while intoxicated by alcohol, drugs, or a combination of both. Understanding these laws is crucial for anyone facing DWI charges, as the consequences can be severe and life-altering.
Texas law establishes specific blood alcohol concentration (BAC) limits that determine legal intoxication. For drivers aged 21 and older, the legal limit is 0.08%. However, commercial drivers are held to a stricter standard with a limit of 0.04%. For drivers under 21, Texas maintains a zero-tolerance policy, meaning any detectable amount of alcohol (0.02% or higher) can result in DWI charges.
Under Texas Penal Code Section 49.01, intoxication is defined as not having the normal use of mental or physical faculties due to the introduction of alcohol, controlled substances, drugs, dangerous drugs, or any combination of these substances. This means you can be charged with DWI even if your BAC is below the legal limit if an officer believes your ability to drive is impaired.
Texas recognizes several types of DWI-related offenses, each carrying different penalties. Standard DWI applies when someone operates a motor vehicle while intoxicated. Enhanced DWI charges apply when the BAC is 0.15% or higher, or when aggravating factors are present. Felony DWI charges can result from multiple offenses, accidents causing injury, or having a child passenger under 15 years old.
When pulled over on suspicion of DWI, Texas law enforcement officers typically conduct field sobriety tests and may request a breath or blood test. Under Texas's implied consent law, drivers who refuse testing face automatic license suspension. The officer will make an arrest based on their observations, test results, and other evidence gathered at the scene.
| Offense Type | Classification | Jail/Prison Time | Fine | License Suspension | Annual Fees |
|---|---|---|---|---|---|
| First DWI | Class B Misdemeanor | 3-180 days | Up to $2,000 | 90 days - 1 year | $1,000-$2,000 for 3 years |
| First DWI (BAC ≥0.15%) | Class A Misdemeanor | Up to 1 year | Up to $4,000 | 90 days - 1 year | $1,000-$2,000 for 3 years |
| Second DWI | Class A Misdemeanor | 30 days - 1 year* | Up to $4,000 | 180 days - 2 years | $1,500-$2,000 for 3 years |
| Third DWI | 3rd Degree Felony | 2-10 years | Up to $10,000 | 180 days - 2 years | $2,000 for 3 years |
| DWI with Child | State Jail Felony | 180 days - 2 years | Up to $10,000 | Varies | Varies |
| Intoxication Assault | 3rd Degree Felony | 2-10 years | Up to $10,000 | Varies | Varies |
| Intoxication Manslaughter | 2nd Degree Felony | 2-20 years | Up to $10,000 | Varies | Varies |
*Minimum 30 days required for second offense
Beyond the immediate criminal penalties, DWI convictions in Texas carry numerous additional consequences that can affect your life for years. These collateral consequences often prove more costly and disruptive than the criminal penalties themselves.
An ignition interlock device (IID) may be required as a condition of probation or license reinstatement. This device prevents your vehicle from starting if alcohol is detected in your breath sample.
Texas requires completion of a DWI education program for most first-time offenders. This program focuses on the effects of alcohol and drugs on driving ability.
Courts often impose community service requirements as part of DWI sentences, particularly for repeat offenders or cases involving accidents.
An SR-22 is a certificate of financial responsibility required for high-risk drivers, including those convicted of DWI.
DWI convictions can have severe impacts on current and future employment opportunities. Many employers conduct background checks, and a DWI conviction may disqualify candidates from certain positions, particularly those involving driving, security clearances, or professional licensing. Healthcare workers, teachers, lawyers, and other licensed professionals may face disciplinary action from their licensing boards.
Landlords often perform background checks and may deny rental applications based on criminal convictions. Educational institutions may also consider DWI convictions when making admissions decisions or determining eligibility for certain programs or financial aid.
DWI convictions can affect your ability to travel internationally. Some countries, including Canada, may deny entry to individuals with DWI convictions. Obtaining visas or travel documents may become more complicated and require additional documentation or legal assistance.
The Administrative License Revocation (ALR) process in Texas operates independently of criminal DWI proceedings. This civil administrative action can result in immediate license suspension, even before any criminal conviction occurs. Understanding the ALR process is crucial because it operates on strict deadlines and separate rules from the criminal case.
If you request an ALR hearing within the 15-day deadline, your license remains valid until the hearing occurs. The hearing is conducted by an administrative law judge and focuses on specific issues: whether the officer had reasonable suspicion for the stop, probable cause for arrest, whether you were properly warned about consequences of refusing testing, and whether you refused or failed the test.
Failing to request an ALR hearing within 15 days results in automatic license suspension. There are no exceptions to this deadline, and the suspension begins 40 days after arrest. Even if you later win your criminal case, the ALR suspension remains in effect unless successfully challenged.
During an ALR suspension, you may be eligible for an occupational driver license (ODL) that allows driving for essential needs such as work, school, medical appointments, and court-ordered obligations. The ODL application process requires court approval and specific restrictions on when and where you can drive.
Successfully defending against DWI charges requires a thorough understanding of both the science behind intoxication testing and the legal procedures that must be followed during arrest and prosecution. An experienced DWI attorney can identify weaknesses in the prosecution's case and develop effective defense strategies.
Various medical conditions and physical impairments can affect field sobriety test performance and chemical test results. Diabetes, hypoglycemia, neurological disorders, inner ear problems, and certain medications can all impact the accuracy of DWI testing. An experienced attorney will investigate these possibilities and present medical evidence when relevant.
Defense attorneys often employ expert witnesses to challenge the prosecution's evidence. Toxicologists can testify about the accuracy and reliability of chemical tests, while other experts may address field sobriety testing protocols or the effects of medical conditions on test performance. Eyewitness testimony from passengers or others present can also support defense theories.
Law enforcement officers must follow specific procedures during DWI investigations. Violations of these procedures can provide grounds for dismissing charges or suppressing evidence. This includes proper warning about testing consequences, following standardized field sobriety test protocols, and maintaining proper chain of custody for blood and breath samples.
The success of any DWI defense depends largely on the experience and skill of your legal representation. When facing DWI charges, it's essential to work with attorneys who specialize in this area of law and understand the nuances of Texas DWI statutes, local court procedures, and effective defense strategies.
Given the serious nature of DWI charges and their long-lasting consequences, consulting with an experienced DWI attorney is crucial for protecting your rights and future.
At Texas Lawyer Referrals, we connect clients with experienced legal professionals who understand the complexities of Texas DWI law and have successfully defended countless clients against these serious charges. Our legal referral network provides access to comprehensive legal representation that includes thorough case evaluation, aggressive defense strategies, and dedicated advocacy throughout the legal process.
The attorneys in our referral network can evaluate case strengths and weaknesses, challenge evidence and procedures, negotiate favorable plea agreements, represent you at trial and ALR hearings, and work tirelessly to minimize the impact of DWI charges on your life. We understand that each case is unique and requires personalized attention to achieve the best possible outcome.
Time is critical in DWI cases. The sooner you contact us for a referral, the better we can connect you with qualified legal representation to protect your rights and build a strong defense. Don't face these serious charges alone.
Contact Us Today View Attorney NetworkThis information is for educational purposes only and does not constitute legal advice. Laws and penalties may change, and individual cases vary significantly.