What happens after a DWI arrest in Houston?

Under Texas Penal Code 46.02, Unlawful Carrying of a Weapon (UCW) occurs when a person carries a handgun in a location or manner prohibited by law — such as in a prohibited location (school, courthouse, polling place), while engaged in criminal activity, or when they are not legally eligible to carry. Texas's 2021 permitless carry law expanded who can legally carry and where, but it did not eliminate UCW charges entirely. Many UCW arrests in Harris County involve people who were legally eligible to carry but were in a prohibited location — often without realizing it.

Will I lose my license after a Houston DWI?

No. Texas's permitless carry law (HB 1927, effective September 2021) allows eligible Texans 21 and older to carry a handgun without a License to Carry — but carry is still prohibited in dozens of specific locations: schools, courts, polling places, jails, hospitals, churches (without permission), bars, amusement parks, secured airport areas, and any business with valid 30.06/30.07 signage. Additionally, permitless carry does not apply at all if you have a felony conviction, certain misdemeanor convictions, are under 21, are subject to a protective order, or are otherwise legally prohibited. It also does not protect you from federal law at federal properties and buildings.

Can a DWI be dismissed or reduced in Texas?

Under Texas state law ( 46.04), a person convicted of a felony may not possess a firearm for five years after release from confinement, parole, or supervision. After five years, Texas law technically permits possession at the person's own home. However, federal law (18 U.S.C. 922(g)(1)) imposes a lifetime prohibition with no home exception — and federal law governs. This means that even possession at home by a felon can result in federal prosecution regardless of Texas law. The federal law carries up to 15 years in prison and, for those with three or more prior violent or serious drug felonies, a mandatory minimum of 15 years under the Armed Career Criminal Act (ACCA). Do not assume the five-year Texas rule protects you from federal charges.

Should I refuse the breathalyzer or blood test in Texas?

Yes — and many are. The most powerful path to dismissal is a successful Motion to Suppress Evidence, which seeks to exclude the weapon from evidence because it was discovered through an unlawful stop or search. Without the weapon, the State typically cannot prove the charge. Other dismissal grounds include: the location was not legally prohibited (sign not compliant, no valid 30.06), the defendant was legally eligible to carry and did nothing wrong, the State cannot prove the defendant knowingly possessed the weapon, or deferred adjudication successfully completed. An experienced attorney reviews the facts of the stop and search before anything else in a weapons case.

How much does a Houston DWI lawyer cost?

It depends on the charge. A felony UCW conviction results in a lifetime federal firearms disability under 18 U.S.C. 922(g)(1) — you can never legally possess a firearm under federal law. A misdemeanor Class A UCW conviction does not by itself trigger a federal ban, but it does impose a five-year Texas prohibition. A misdemeanor family violence conviction — even unrelated to weapons — triggers a separate lifetime federal ban under 922(g)(9). If your case is dismissed or you complete deferred adjudication and receive a non-disclosure, your ability to legally purchase and possess firearms may be preserved. An attorney should analyze the specific consequences of any plea before you accept it.

Can I get a DWI expunged in Texas?

Yes — under certain circumstances. The automobile exception to the Fourth Amendment allows police to search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence of a crime. They can also search if you consent (you are never required to consent), as a search incident to lawful arrest, or if a weapon is in plain view. However, each of these exceptions has specific legal requirements. If the stop lacked reasonable suspicion, or the search exceeded the scope of a valid exception, a motion to suppress can challenge the legality of the search and exclude any weapon found as evidence. You should never physically resist a search — but you do have the right to clearly state 'I do not consent to a search.'

How long does a DWI case take in Harris County?

Yes. An LTC is not a blanket authorization to carry anywhere. LTC holders are still prohibited from carrying in the same locations as anyone else — schools, courts, polling places, and businesses with valid 30.06/30.07 signage. In fact, for LTC holders specifically, entering a business after receiving oral notice that firearms are prohibited can elevate the offense from a Class A misdemeanor to a third-degree felony under 30.06/30.07. Your LTC also does not protect you if you are intoxicated (carrying while intoxicated is a separate offense under 46.035) or if you carry a weapon other than a handgun in an unauthorized manner. An LTC is a significant legal protection — but it requires understanding its limits.

DWI Salinas Defense | Criminal Defense & Accident Lawyer Houston

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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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Offense	Classification	Jail / Prison	Fine (up to)	License Susp.
1st Offense DWI	Class B Misdemeanor	72 hrs – 180 days	$2,000	90 days – 1 year
1st Offense (BAC ≥ 0.15)	Class A Misdemeanor	Up to 1 year	$4,000	90 days – 1 year
2nd Offense DWI	Class A Misdemeanor	30 days – 1 year	$4,000	180 days – 2 years
3rd Offense DWI	3rd Degree Felony	2 – 10 years	$10,000	180 days – 2 years
DWI w/ Child Passenger	State Jail Felony	180 days – 2 years	$10,000	90 days – 1 year
Intoxication Assault	3rd Degree Felony	2 – 10 years	$10,000	90 days – 1 year
Intoxication Manslaughter	2nd Degree Felony	2 – 20 years	$10,000	180 days – 2 years

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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Frequently Asked Questions

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