Driving While Intoxicated (DWI) is a serious offense in Texas, carrying steep penalties that can disrupt your life for years. Whether you’re a first-time driver or a seasoned Texan, understanding Texas DWI laws is critical to staying on the right side of the law—and knowing your options if you’re ever charged.
In this guide, we’ll break down the essentials: what constitutes a DWI, the penalties you could face, recent legal changes, and key defenses that might apply. Let’s dive in.
What Is a DWI in Texas?
In Texas, a DWI is defined under Texas Penal Code § 49.04 as operating a motor vehicle in a public place while intoxicated. “Intoxicated” has two meanings here:
- Blood Alcohol Concentration (BAC): A BAC of 0.08% or higher is considered intoxicated “per se,” meaning no further proof of impairment is needed.
- Impairment: Even if your BAC is below 0.08%, you can still be charged if alcohol, drugs, or a combination impairs your mental or physical faculties to a noticeable degree.
Unlike some states, Texas doesn’t require you to be actively driving—merely “operating” a vehicle (e.g., sitting in the driver’s seat with the engine running) can suffice. This broad definition often surprises drivers, making it essential to know where the line is drawn.
For drivers under 21, Texas enforces a zero-tolerance policy. Any detectable alcohol in their system can lead to a Driving Under the Influence (DUI) charge under Texas Alcoholic Beverage Code § 106.041, a distinct but related offense we’ll cover later.
Texas DWI Penalties: What’s at Stake?
Texas DWI penalties escalate based on the number of offenses, BAC levels, and aggravating factors like accidents or child passengers. Here’s a breakdown:
First DWI Offense
- Classification: Class B misdemeanor
- Fines: Up to $2,000
- Jail Time: 3 to 180 days (minimum 72 hours)
- License Suspension: Up to 1 year
- Surcharges: $1,000 annually for 3 years to retain your license
- Additional Requirements: Completion of a DWI education program
If your BAC is 0.15% or higher, it jumps to a Class A misdemeanor, with fines up to $4,000 and jail time up to 1 year.
Second DWI Offense
- Classification: Class A misdemeanor
- Fines: Up to $4,000
- Jail Time: 30 days to 1 year
- License Suspension: Up to 2 years
- Surcharges: $1,500 annually for 3 years
- Ignition Interlock Device (IID): Often required
Third DWI Offense
- Classification: Third-degree felony
- Fines: Up to $10,000
- Prison Time: 2 to 10 years
- License Suspension: Up to 2 years
- Surcharges: $2,000 annually for 3 years
Aggravating Factors
- Child Passenger (Under 15): Elevates the charge to a state jail felony, with up to $10,000 in fines and 180 days to 2 years in jail (Texas Penal Code § 49.045).
- Injury or Death: Intoxication assault (third-degree felony) or intoxication manslaughter (second-degree felony) can result in prison terms of 2-10 or 2-20 years, respectively, plus hefty fines.
Beyond criminal penalties, a DWI conviction can spike insurance rates, limit job prospects, and even affect child custody cases. Texas doesn’t allow DWI expungement, so the charge stays on your record permanently unless sealed through a nondisclosure order.
DUI vs. DWI: What’s the Difference in Texas?
While many states use “DUI” and “DWI” interchangeably, Texas distinguishes them:
- DWI: Applies to drivers 21 and older with a BAC of 0.08% or impairment from alcohol/drugs.
- DUI: A Class C misdemeanor for drivers under 21 with any detectable alcohol, regardless of impairment. Penalties include fines up to $500, community service, and license suspension up to 60 days.
This zero-tolerance approach reflects Texas’s strict stance on underage drinking and driving, aiming to deter even minor infractions.
Implied Consent and License Suspension
Texas operates under an “implied consent” law (Texas Transportation Code § 724.011). By driving, you agree to submit to breath or blood tests if lawfully arrested for DWI. Refusal triggers an Administrative License Revocation (ALR):
- First Refusal: 180-day suspension
- Subsequent Refusal: 2-year suspension
You have 15 days post-arrest to request an ALR hearing, or the suspension kicks in after 40 days. Even if you beat the criminal charge, the ALR penalty stands unless contested successfully—a nuance many overlook.
Defending Against a DWI Charge
Facing a DWI charge doesn’t mean automatic conviction. Common defenses include:
- Improper Stop: If police lacked reasonable suspicion, evidence may be suppressed.
- Faulty Testing: Breathalyzers can malfunction, and blood tests can be mishandled.
- Timing Issues: Proving intoxication at the time of driving (not just arrest) is key.
A skilled criminal defense attorney can exploit these gaps, especially given Texas’s burden to prove guilt beyond a reasonable doubt.
Why You Need Legal Help
Navigating Texas DWI laws is complex, with overlapping criminal and administrative consequences. An experienced DWI attorney can:
- Challenge evidence and procedures.
- Negotiate plea deals or diversion programs.
- Minimize long-term fallout.
For example, the 2019 deferred adjudication option requires judicial approval and specific conditions (e.g., ignition interlock use), which a lawyer can help secure.
Final Thoughts
Texas takes DWI seriously, with laws designed to punish and deter. Whether it’s your first brush with the law or a repeat offense, understanding the stakes—fines, jail time, license loss, and beyond—is your first step. Recent changes like deferred adjudication offer hope for some, but the system remains unforgiving for others. If you’re facing a charge, don’t go it alone—legal expertise can make all the difference.
Take control of your future today by calling Morgan Bourque Attorney at Law at 713-766-6001. Our award-winning team is ready to fight for your rights, challenge the evidence, and guide you through this challenging time with confidence. Schedule your consultation now—don’t let a DWI define your life.
Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.