In Texas, the adult drunk driving offense is driving while intoxicated, or DWI, under Tex. Penal Code § 49.04. The statute applies when a person operates a motor vehicle in a public place while intoxicated. A Texas DWI lawyer will tell you that intoxication has two definitions here. The first is a blood or breath alcohol concentration of 0.08 or more. The second is the loss of normal use of mental or physical faculties from alcohol, drugs, or both. Many people still call the charge a DUI. This page covers Texas DWI laws, penalties, the line between misdemeanor and felony, license deadlines, and the defenses that matter most.
What Counts as DWI in Texas
To convict, the State must prove three things: the driver operated a motor vehicle, in a public place, while intoxicated. Each element gives the defense something to test.
Texas proves intoxication two ways. The per se route uses a number: a breath or blood test result of 0.08 or higher. The second route needs no test at all. Prosecutors can argue loss of normal use from the officer's observations, the roadside tests, and any video. That is why the State can generally file a case even when a driver refuses testing.
Intoxication is not limited to alcohol. Under the statute, prescription medication, marijuana, and other drugs can support a charge when they cost a driver the normal use of mental or physical faculties. Prosecutors may combine alcohol and drug evidence in the same prosecution.
Terminology matters. In Texas, DWI is the adult offense. DUI is the separate under-21 charge under the Alcoholic Beverage Code, and a minor can generally be charged for any detectable amount of alcohol. Searches for Texas DUI laws, Texas DUI penalties, or a Texas DUI attorney almost always concern the adult DWI charge. The same goes for questions about a first DUI in Texas or a Texas DUI first offense.
Texas DWI Penalties for a First and Second Offense
Texas DWI penalties scale with three things: prior convictions, the alcohol concentration, and the facts around the arrest. An open container, a crash, or a child passenger can push a case into a higher tier. The figures below are statutory ranges set by the Legislature. What any one person actually receives depends on the county, the prosecutor's office, and the strength of the evidence. Treat the ranges as limits, not predictions.
Penalties for a First Offense
A Texas DWI first offense is generally a Class B misdemeanor. The range includes a fine of up to $2,000 and three to 180 days in county jail. Courts also suspend the license, and many require an ignition interlock device. Probation is common after a first DWI in Texas, often with alcohol education and community service.
The tier changes when the alcohol concentration reaches 0.15 or higher. The charge becomes a Class A misdemeanor. The fine rises to as much as $4,000, and the jail range extends to one year. A first time DWI offense in Texas at that level also draws longer interlock and license conditions.
Penalties for a Second Offense
A second charge is a Class A misdemeanor. Fines rise, the jail range grows, and the license suspension runs longer than on a first case. Most counties require an ignition interlock device as a condition of bond, before any conviction. Drivers often search for "second offense DUI Texas" at this stage, but the charge is still legally a DWI.
The real cost reaches past the courthouse. Annual state surcharges, higher insurance premiums, and a permanent conviction record all follow a plea. Employers, landlords, and licensing boards can see that record for years.
Is a DWI a Felony in Texas?
Most first and second Texas DWI charges are misdemeanors, but a DWI becomes a felony in specific situations. The question "is DWI a felony in Texas" comes up in almost every first meeting, often phrased as "is DUI a felony in Texas," and the answer turns on history and harm.
A third or later DWI is charged as a third-degree felony. A DWI with a passenger under 15 in the vehicle is a state jail felony. Cases where another person is seriously hurt or killed move into a different category. Texas prosecutes those as intoxication assault or intoxication manslaughter.
Felony exposure changes the shape of a case. A conviction can mean state prison rather than county jail. It leaves a felony record that surfaces in background checks. It also costs firearm rights and the right to vote while a person serves the sentence.
Whether the State files a felony often depends on prior-conviction records that are incomplete, out of state, or decades old. Those decisions can be challenged, and a defense lawyer may be able to show that a prior does not count the way prosecutors assume.
Your License, Chemical Testing, and the ALR Deadline
A Texas DWI arrest starts two separate cases. One is the criminal case in county or district court. The other is a civil license case run by the Texas Department of Public Safety, and it moves on its own clock.
Implied consent comes from Texas Transportation Code § 724.011. Driving on Texas roads counts as consent to a breath or blood specimen after an arrest. The officer must have reasonable grounds to believe the driver was operating while intoxicated. Refusal carries its own penalty: an administrative suspension separate from anything the criminal court does.
The deadline is the most important date on this page. A driver generally has 15 days from the notice of suspension to request an Administrative License Revocation (ALR) hearing. Confirm the date on your notice, because that paperwork controls. Miss the window and the suspension takes effect automatically.
The criminal timeline runs slower: booking and bond, then arraignment and a plea, then discovery and pretrial motions that frequently decide the case. An occupational license may be available meanwhile, letting a driver reach work, school, and essential errands.
How a Texas DWI Lawyer Defends Your Case
Defense work in these cases is evidence work. The DWI attorney Texas drivers hire early can request dash and body camera footage while it still exists. The same request covers the offense report, calibration and maintenance logs, and the chain of custody on any blood sample. Video sometimes contradicts the written description of the driving. Records sometimes show a device out of tolerance or an operator whose certification lapsed. Gaps like those push negotiations toward a reduction or a dismissal, or toward trial.
Two situations deserve extra attention. Commercial drivers face a lower alcohol threshold in a commercial vehicle. One offense can cost the right to drive commercially, so a CDL case is defended with that livelihood in view. First-time cases in some counties may qualify for pretrial diversion or deferred adjudication, though availability varies by prosecutor's office.
Challenging the Stop and the Roadside Investigation
Every case starts with a reason for the stop. The officer needs reasonable suspicion, and a thin traffic violation is worth attacking. If the stop was unlawful, a court may suppress everything that followed, including the test results and any statements.
Standardized field sobriety tests are the next target. They carry weight only when officers give them the way they were trained to. Video often shows shortened instructions or a rushed demonstration. Conditions matter too. Gravel shoulders, poor lighting, dress shoes, injuries, and inner-ear problems all produce clues that look like impairment. None of that proves sobriety, but it undercuts the officer's conclusion.
Challenging Breath and Blood Evidence
Breath results depend on the machine and the person running it. Calibration records, maintenance logs, and operator certification are all discoverable. So is the required observation period before the test, which officers frequently cut short.
Timing is its own issue. Alcohol keeps absorbing after the last drink, so a result taken an hour after driving may run higher than the level behind the wheel. A long delay between the stop and a blood draw can support that argument.
Blood cases add handling questions: who drew the sample, whether the site was prepped correctly, how the vial was stored, and whether the seal held. A refusal case remains defensible too, because the State must still prove loss of normal use.
Speak With a Texas DWI Lawyer Today
The 15-day ALR window is the reason not to wait. A license can slide into suspension before the criminal case is even set on a docket, and that suspension is hard to undo. Evidence runs on a clock too. Surveillance video from a bar or parking lot is often overwritten within weeks, and calibration records get harder to track down as months pass.
A free consultation with a Texas DWI lawyer is a working review, not a sales pitch. It covers the reason for the stop, how the roadside investigation was handled, what the test results show, and what the charging documents allege. You get a plain explanation of the outcomes the law allows. The next steps depend on the facts of your case.
DrunkDrivingDefense.com connects Texas drivers with defense attorneys who handle these cases in county and district courts across the state. Anyone who searched for a DUI lawyer Texas drivers recommend reaches the same attorneys. Call 1-888-839-4384 or use our online contact form to schedule a consultation.
Frequently Asked Questions
What Is the Difference Between a DWI and a DUI in Texas?
DWI is the adult offense under the Penal Code and applies to drivers 21 and older. DUI is a separate charge under the Alcoholic Beverage Code for drivers under 21. A minor can generally face it for any detectable amount of alcohol. In everyday speech people use both terms interchangeably.
How Long Do I Have to Request an ALR Hearing After a Texas DWI Arrest?
A driver generally has 15 days from the notice of suspension to request an Administrative License Revocation hearing. Check the date printed on your notice, since that document controls. Without a timely request, the suspension takes effect on its own.
What Happens If I Refuse a Breath or Blood Test in Texas?
Refusal triggers an administrative license suspension under the implied consent law, separate from the criminal case. Officers may also seek a warrant for a blood draw. A refusal case can still be defended, because prosecutors must then prove intoxication without a chemical result.
Can a First-Time DWI Charge Be Reduced or Dismissed in Texas?
It may be possible, depending on the evidence and the county. Problems with the stop, the roadside tests, or the chemical evidence can lead to a reduction, a diversion program, or a dismissal. No lawyer can promise that result, and practices vary by county.
Can I Still Drive After a Texas DWI Arrest?
Often yes, at least for a time. A driver usually keeps driving privileges until a suspension takes effect, and requesting an ALR hearing can push that date back. If a suspension does start, an occupational license may allow driving for work, school, and essential household needs.
