DWI

Understanding Your Situation

What a DWI Charge Means in Texas — and Why You Need to Act Fast

In Texas, Driving While Intoxicated (DWI) is defined under Texas Penal Code § 49.04 as operating a motor vehicle in a public place while intoxicated. “Intoxicated” means either having a blood alcohol concentration (BAC) of 0.08% or above, or not having the normal use of mental or physical faculties due to alcohol, drugs, or any other substance.

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A DWI conviction in Houston carries consequences far beyond fines and a possible jail sentence. It can affect your driver’s license, your employment, your professional licenses, and your reputation for years. This is not a charge to handle lightly — and it is not a charge you should face alone.

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The good news: an arrest is not a conviction. Texas DWI cases are highly defensible, and experienced attorneys win them or negotiate favorable outcomes regularly. The key is acting quickly, because critical deadlines begin running the moment of your arrest.

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⚠ The 15-Day Rule: After a DWI arrest in Texas, you have exactly 15 days to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. Miss this deadline and your license will be automatically suspended — even if you are never convicted of DWI.

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Texas DWI Law: DWI Penalties in Texas: What You're Facing

The penalties for DWI in Texas increase sharply with each offense and with aggravating factors such as a high BAC, an open container, or a minor in the vehicle.

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Note: Fines do not include Texas DPS surcharges (up to $2,000/year for 3 years), mandatory interlock device costs, SR-22 insurance requirements, or attorney fees for related proceedings.

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What to Expect: The Harris County DWI Process: Step by Step

Arrest & Booking

After a traffic stop, you may be asked to perform field sobriety tests (FSTs) and submit to a breath or blood test. You are then arrested, transported to Harris County Jail, and booked. A magistrate will set your bond — often within 24 hours.

The 15-Day ALR Window

This is urgent. Texas law gives you 15 days from the arrest date to request an ALR hearing before the State Office of Administrative Hearings (SOAH) to contest your license suspension. Your attorney can request this on your behalf — do not wait.

Arraignment (First Court Date)

Your first appearance before a Harris County Criminal Court at Law judge, where the charges are formally read and you enter a plea. Having an attorney present at arraignment can sometimes result in early negotiations with the State.

Discovery & Case Investigation

Your attorney requests all evidence from the State: dashcam and bodycam footage, breath/blood test records, the arresting officer’s training records, and more. This phase uncovers weaknesses in the prosecution’s case.

Pre-Trial Motions

Based on the evidence, your attorney may file motions to suppress evidence obtained unlawfully — for example, if the traffic stop lacked reasonable suspicion, or if a blood draw was conducted without a proper warrant. A suppression win can gut the State’s case.

Negotiation or Trial

Many DWI cases resolve through negotiated pleas to lesser charges (such as “obstruction of a passageway” — a non-DWI offense) or deferred adjudication in appropriate cases. If a fair offer is not made, your attorney takes the case to trial.

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Your Defense: Common DWI Defenses in Texas

No two DWI cases are identical. An experienced Houston DWI attorney will scrutinize every detail of your arrest looking for one or more of the following defenses:

Unlawful Traffic Stop

An officer must have reasonable suspicion to pull you over. No valid reason? The entire stop — and all evidence from it — may be suppressed.

Faulty Breathalyzer

Breathalyzer machines must be properly calibrated and maintained. Gaps in maintenance logs or improper administration can challenge the result.

Improper Field Sobriety Tests

Officers must follow strict NHTSA protocols for the HGN, walk-and-turn, and one-leg-stand tests. Deviation from protocol undermines their reliability.

Rising BAC Defense

Your BAC may have been below 0.08% while driving but rose by the time you were tested. This is a recognized scientific defense in Texas courts.

Medical Conditions

GERD, diabetes, certain medications, and neurological conditions can mimic intoxication or produce false breathalyzer readings.

Blood Draw Violations

Blood draws require a proper warrant or valid consent. Improper collection, storage, or chain of custody can render blood test results inadmissible.

Dashcam vs. Officer Testimony

Video often tells a different story than the police report. If the footage contradicts the officer’s account, credibility becomes the issue.

Necessity / Emergency

In limited circumstances, driving to prevent greater harm (a medical emergency, for example) can be a valid affirmative defense under Texas law.

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DWI Charges We Defend in Harris County

Beyond a standard first, second or third offense (see the penalty table above), we defend a wide range of DWI-related charges in Greater Houston, including:

Felony DWI

A DWI becomes a felony in cases involving a child passenger, injury or death to others, or multiple prior offenses.

Boating While Intoxicated (BWI)

Operating a boat with a BAC over 0.08% can result in a BWI, with similar consequences to a DWI.

Commercial DWI

Commercial drivers face license disqualification and job loss, even for a first offense.

Drug-Related and Marijuana DWI

Driving under the influence of marijuana, prescription medication or illegal drugs can result in DWI charges, even with no alcohol involved. Marijuana being legal in other states does not change that in Texas.

DWI with Property Damage

Damaging property while intoxicated can lead to harsher penalties and potential civil liability.

Drivers Under 21

Texas has a zero-tolerance policy: anyone under 21 with any detectable alcohol in their system can be charged.

Open Container

Texas law prohibits open containers of alcohol in the passenger area of a vehicle. A violation can bring an additional charge alongside a DWI.

How Texas Measures Intoxication

BAC is measured as grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine. A BAC of 0.08% is a “per se” DWI, but an officer can also arrest you based on impaired behavior, drug use, or a combination of substances, even if your BAC is under 0.08%.

We represent clients across Harris County and nearby cities, including Friendswood, Pearland, Seabrook, League City, Deer Park, Pasadena, La Porte, Galena Park and Baytown.

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More DWI Questions

What is the Harris County DWI pretrial intervention program?

The Harris County District Attorney offers a pretrial intervention agreement for some first-time DWI defendants. Complete the conditions, which generally include a year of supervision, an interlock device, education classes and community service, and the case is dismissed rather than resulting in a conviction. A dismissal through the program leaves you eligible for an expunction. Eligibility is not automatic; a BAC over 0.15, an accident, or a child passenger usually disqualify, and a lawyer has to negotiate placement.

How do you challenge a breath test result?

Breath machines measure alcohol in exhaled air and calculate a blood figure from it, and every step of that has an attackable assumption. The technical supervisor's maintenance records, the 15-minute observation period before the test, whether you belched or had reflux, medical conditions like diabetes, and the instrument's own error margin all matter. Texas also does not require the State to prove your BAC at the moment of driving, only at the time of testing, which opens the door to rising-BAC arguments.

Can field sobriety tests be used against me?

They can, and they are also among the weakest evidence the State has. The three standardized tests, the eye test, walk-and-turn and one-leg stand, have known error rates even when administered perfectly, and body camera footage frequently shows they were not administered perfectly. Age, weight, injuries, footwear, road surface and nerves all affect performance. Cross-examining the officer on the NHTSA manual he was trained on is a standard part of a DWI defense.

What if I refused the breath and blood tests?

Refusing triggers a longer license suspension, 180 days for a first refusal, but it also means the State has no chemical number to put in front of a jury. Officers in Harris County routinely obtain a blood search warrant after a refusal, often within an hour, so a refusal frequently still produces a blood result. The warrant itself, the draw procedure and the lab's handling of the sample then become the issues, and each has produced dismissals.

What are the consequences of a second DWI in Texas?

A second DWI is a Class A misdemeanor carrying 30 days to a year in jail, a fine up to $4,000, and a license suspension of up to two years. There is no lookback period in Texas; a DWI from 20 years ago still counts as a prior. A third DWI is a third-degree felony with two to ten years in prison. Because the priors drive the punishment, a defense often starts with whether those earlier convictions were valid and properly proven.

Will a DWI show up on background checks forever?

A DWI conviction in Texas stays on your criminal record permanently and, unlike most misdemeanors, cannot be expunged. Since 2017 a first DWI conviction with a BAC under 0.15 can be sealed with an order of nondisclosure after a waiting period, provided there was no accident involving another person. A dismissal or acquittal can be expunged outright. The difference between those outcomes is the difference between a permanent record and a clean one, which is why fighting the charge matters even when the immediate penalty seems manageable.

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