Understanding Texas DUI Laws: A Complete Guide to Defending Your Case After a Drunk Driving Arrest

Being arrested for a DUI in Texas can be one of the most stressful and confusing experiences of your life. You may feel overwhelmed, unsure of your rights, and uncertain about what to do next. The consequences of a DUI charge in Texas are serious and can impact your license, your job, and your freedom. But understanding how Texas DUI laws work—and how an experienced Texas DUI lawyer can defend you—can make a significant difference in the outcome of your case.

If you’ve been arrested for a DUI in Texas, call 1-888-839-4384 or use our online contact form to speak with a top rated Texas DUI attorney for a free consultation today!

This guide provides a detailed overview of DUI laws in Texas, including definitions, penalties, license suspensions, and defense strategies that can help protect your future.

What Constitutes a DUI in Texas?

In Texas, a DUI (Driving Under the Influence) typically refers to a charge against a driver under 21 who has consumed any detectable amount of alcohol. However, for drivers 21 and older, the charge is generally classified as a DWI (Driving While Intoxicated).

Under Texas Penal Code §49.04, a person commits a DWI offense if they operate a motor vehicle in a public place while intoxicated. The law defines “intoxicated” as either:

Having a blood alcohol concentration (BAC) of 0.08% or higher, or
Lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.

For drivers under 21, Texas Alcoholic Beverage Code §106.041 enforces a zero-tolerance policy. Any measurable amount of alcohol in their system can result in a DUI charge, even if they are below the legal BAC limit.

DUI vs. DWI in Texas

Although many states use the terms interchangeably, Texas law makes a distinction:

DWI (Driving While Intoxicated) applies to adults (21 and older) operating a motor vehicle while intoxicated.
DUI (Driving Under the Influence) applies only to drivers under 21 who have consumed alcohol.

A DWI carries more severe criminal penalties, while a DUI for minors is generally treated as a Class C misdemeanor, similar to a traffic violation—but with lasting consequences if not properly handled.

Penalties for a DUI in Texas

The penalties for a DUI in Texas depend on the driver’s age, BAC level, prior offenses, and whether aggravating factors are involved, such as an accident, injury, or child passenger.

For Drivers Under 21 (DUI Offenses)

Offense	Charge	Penalties
First DUI	Class C misdemeanor	Up to $500 fine, 60-day driver’s license suspension, 20–40 hours community service, mandatory alcohol awareness class
Second DUI	Class C misdemeanor	Up to $500 fine, 120-day license suspension, 40–60 hours community service, mandatory alcohol education
Third or Subsequent DUI	Delinquent conduct (juvenile) or Class B misdemeanor (adult)	Up to $2,000 fine, up to 180 days in jail, up to one-year license suspension

For Adults (DWI Offenses)

Offense	Charge	Potential Penalties
First DWI	Class B misdemeanor	3–180 days in jail, up to $2,000 fine, 90–365 days license suspension
Second DWI	Class A misdemeanor	30 days–1 year in jail, up to $4,000 fine, 180 days–2 years license suspension
Third DWI	Third-degree felony	2–10 years in prison, up to $10,000 fine, up to 2 years license suspension
DWI with BAC ≥ 0.15%	Class A misdemeanor	Up to 1 year in jail, up to $4,000 fine
DWI with Child Passenger (under 15)	State jail felony	180 days–2 years in state jail, up to $10,000 fine
Intoxication Assault (causing serious injury)	Third-degree felony	2–10 years in prison, up to $10,000 fine
Intoxication Manslaughter (causing death)	Second-degree felony	2–20 years in prison, up to $10,000 fine

(Source: Texas Penal Code §§49.04–49.09)

Administrative License Revocation (ALR)

In addition to criminal penalties, Texas has an Administrative License Revocation (ALR) process handled by the Texas Department of Public Safety (DPS). This process is separate from your criminal case and can result in a driver’s license suspension before you even go to court.

If you fail a BAC test (≥ 0.08%), your license can be suspended for 90 days.
If you refuse a BAC test, the suspension increases to 180 days.

You have only 15 days from the date of arrest to request an ALR hearing to contest this suspension. Failure to act within this window will result in an automatic suspension.

Field Sobriety Tests and Chemical Testing in Texas

Texas operates under an implied consent law (Texas Transportation Code §724.011), meaning that by driving on Texas roads, you have implicitly consented to submit to a chemical test (breath, blood, or urine) if lawfully arrested for DWI.

Refusing a test can lead to an automatic suspension under the ALR program.
Failing a test (with a BAC ≥ 0.08%) also triggers administrative penalties and provides evidence in your criminal case.

However, field sobriety tests (such as the walk-and-turn or one-leg stand) are not mandatory, and officers cannot force you to perform them. These tests are subjective and can be challenged by an experienced attorney.

The Legal Process After a DUI Arrest in Texas

After a DUI arrest, you will go through a series of legal steps that determine whether your charges can be reduced, dismissed, or prosecuted to the fullest extent.

Arrest and Booking: After being stopped and tested, you will be taken into custody, fingerprinted, and photographed.
Administrative License Suspension: You must act quickly to request an ALR hearing within 15 days.
Arraignment: This is your first court appearance, where you will formally hear your charges and enter a plea.
Pre-Trial Motions and Discovery: Your attorney will examine police reports, video evidence, and chemical testing procedures to identify weaknesses in the state’s case.
Trial or Plea Negotiations: Depending on the evidence, your Texas DUI lawyer may negotiate a plea bargain or take your case to trial to challenge the prosecution’s evidence.

How a Texas DUI Lawyer Can Help You

Facing a DUI in Texas without legal representation can be a critical mistake. The laws are strict, and the consequences are harsh. An experienced Texas DUI lawyer can help you by:

Challenging the legality of the traffic stop: Police must have probable cause to stop your vehicle. If the stop was unlawful, all evidence may be suppressed.
Examining breath and blood test results: Faulty testing equipment or improper administration can render BAC results invalid.
Questioning field sobriety tests: These tests are prone to officer bias and poor environmental conditions.
Defending your license at the ALR hearing: Your attorney can cross-examine the arresting officer and challenge procedural violations.
Negotiating reduced charges or alternative sentencing: In some cases, first-time offenders may qualify for probation, community supervision, or deferred adjudication.

A skilled attorney can also help you pursue occupational driver’s licenses, which allow you to drive to work or school during a suspension period.

Ignition Interlock Devices (IID)

Texas courts often require installation of an Ignition Interlock Device (IID) as a condition of bond or probation for DWI offenses. This device prevents your car from starting if it detects alcohol on your breath.

According to Texas Transportation Code §521.246, an IID may be mandatory for:

All second or subsequent DWIs, or
Any first DWI with a BAC of 0.15% or higher.

Violating IID conditions—such as attempting to tamper with or bypass the device—can result in revocation of probation or additional penalties.

Long-Term Consequences of a DUI in Texas

Beyond fines and jail time, a DUI conviction can have long-lasting effects on nearly every aspect of your life:

Employment: Many employers conduct background checks, and a DUI conviction can disqualify you from certain jobs.
Professional Licenses: Nurses, teachers, commercial drivers, and other licensed professionals may face disciplinary action.
Insurance: Auto insurance premiums can skyrocket or coverage may be canceled.
Travel Restrictions: Some countries, such as Canada, deny entry to travelers with DUI convictions.
Housing and Education: Landlords and educational institutions may view a DUI conviction unfavorably.

For commercial drivers, even a single DWI conviction can permanently revoke your Commercial Driver’s License (CDL) under 49 CFR §383.51 and Texas DPS rules.

Expungement and Record Sealing in Texas

In some cases, a DUI or DWI record may be eligible for expungement or non-disclosure (sealing).

You may qualify if:

Your case was dismissed or you were acquitted, or
You completed a deferred adjudication program for a misdemeanor DWI.

A Texas DUI lawyer can help you determine whether your record qualifies for expungement under Texas Code of Criminal Procedure Chapter 55.

First-Time Offenders and Deferred Adjudication

Texas law allows some first-time DWI offenders to participate in deferred adjudication programs under Texas Code of Criminal Procedure Art. 42A.101.

This means that if you complete all court-ordered conditions (such as probation, community service, and alcohol education), the court may dismiss your case without entering a formal conviction. However, the record will remain unless later sealed.

How to Protect Your Rights After a DUI Arrest

If you’ve been arrested for DUI in Texas, it’s essential to act immediately:

Request your ALR hearing within 15 days.
Avoid discussing your case with anyone other than your attorney.
Document everything about the traffic stop, testing, and arrest.
Consult an experienced Texas DUI lawyer as soon as possible.

The sooner you involve legal counsel, the stronger your defense strategy can be.

Common Defenses in a Texas DUI Case

A knowledgeable attorney can identify key defenses depending on the circumstances of your case. Some of the most effective include:

Unlawful stop or arrest: The officer lacked reasonable suspicion or probable cause.
Improper testing procedures: Breathalyzer or blood tests were mishandled or improperly calibrated.
Violation of Miranda rights: You were not properly informed of your rights.
Medical conditions: Certain medical conditions (e.g., diabetes, GERD) can produce false BAC readings.
Contaminated evidence: Chain-of-custody issues may invalidate lab results.

Each defense requires careful investigation and expert testimony, which an experienced Texas DUI lawyer can coordinate on your behalf.

Protecting Your Future

A DUI in Texas is a serious charge that requires immediate attention and a strategic legal defense. Between strict Texas DUI laws, administrative license actions, and the criminal court process, the road ahead can seem daunting. But with the right legal representation, it is possible to minimize the impact—or even beat the charge entirely.

If you have been arrested for a DUI or DWI in Texas, contact an experienced Texas DUI lawyer as soon as possible. A skilled defense attorney can protect your rights, challenge the evidence, and guide you through every step of this complex process.

More Texas DWI Lawyer Resources

If you’d like to learn more about the Texas DWI attorneys at Drunk Driving Defense, read some of our articles below.

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