Texas criminal defense lawyer › DWI
Texas DWI Laws: Penalties, License Suspension and Your Options
What a DWI charge means in Texas, from a first offense to a felony, and the license deadline that starts the day you are arrested. New here? Start with the Texas criminal defense guide.
Quick answer
In Texas, driving while intoxicated means driving with a blood or breath alcohol concentration of 0.08 or more, or without the normal use of your mental or physical faculties because of alcohol or drugs (Penal Code §49.01). A first DWI is a Class B misdemeanor. A third DWI is a felony. Your license is suspended separately unless an ALR hearing is requested within 15 days.
Texas DWI penalties by offense
| Charge | Level | Jail or prison | Max fine |
|---|---|---|---|
| First DWI | Class B misdemeanor | 72 hours to 180 days | $2,000 |
| First DWI, open container | Class B misdemeanor | 6 days to 180 days | $2,000 |
| DWI, test result 0.15 or higher | Class A misdemeanor | Up to 1 year | $4,000 |
| Second DWI | Class A misdemeanor | 30 days to 1 year | $4,000 |
| Third DWI | Third-degree felony | 2 to 10 years | $10,000 |
| DWI with a passenger under 15 | State jail felony | 180 days to 2 years | $10,000 |
| Intoxication assault | Third-degree felony | 2 to 10 years | $10,000 |
| Intoxication manslaughter | Second-degree felony | 2 to 20 years | $10,000 |
Your license: the ALR suspension
A DWI arrest starts two cases: the criminal case in court and an administrative license case with the Department of Public Safety. The license case moves fast. You have 15 days from the notice of suspension, usually given at arrest, to request an Administrative License Revocation (ALR) hearing. If no hearing is requested, the suspension takes effect on the 40th day.
| Situation | No alcohol or drug contact in prior 10 years | Prior contact in 10 years |
|---|---|---|
| Failed the breath or blood test | 90 days | 1 year |
| Refused the test | 180 days | 2 years |
During a suspension you may be able to drive to work, school and essential tasks with an occupational driver’s license, which a court can grant on petition (Transportation Code Chapter 521).
The 15-day ALR clock starts at arrest.
A Texas DWI lawyer can request the hearing for you and start building the defense.
How DWI cases are defended
A defense lawyer looks at each step the police took. Was there a lawful reason for the stop? Were the field sobriety tests given and scored correctly? Was the breath machine maintained and the blood sample handled properly? Problems at any step can lead to a reduced charge, a dismissal or a not-guilty verdict. Some first-offense cases qualify for deferred adjudication or a pretrial diversion program.
Texas DWI guides
Texas DWI questions
Is DWI different from DUI in Texas?
Yes. DWI is the adult offense. In Texas, DUI is a Class C misdemeanor for drivers under 21 who have any detectable amount of alcohol, even below 0.08.
Can I refuse a breath test in Texas?
You can refuse, but refusal brings a longer license suspension (180 days for a first refusal) and can be used as evidence. Police can also seek a warrant for a blood sample.
Can a DWI be removed from my record?
A DWI conviction cannot be expunged. A dismissed case usually can. Some first DWIs with a test result under 0.15 can later be sealed with an order of nondisclosure after a waiting period.
