Texas DWI Attorney

Texas DWI Lawyer: Your Guide to DWI Laws, Penalties, and Defense

Protect Your Rights With Trusted Texas DWI Attorneys

A DWI (Driving While Intoxicated) charge in Texas is a serious criminal offense that can affect every aspect of your life — your freedom, your career, your finances, and your future. Whether you’re facing your first DWI or a repeat offense, it’s crucial to understand your rights and options under Texas DWI laws.

This comprehensive page provides everything you need to know, including potential penalties, the legal process, mistakes to avoid, defense strategies, expungement eligibility, and how a skilled Texas DWI lawyer can protect your future.

Texas DWI Lawyer, Texas DWI / DUI Attorneys

What Is a DWI in Texas?

Under Texas Penal Code §49.04, a person commits Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher, or
  • Lacking the normal use of mental or physical faculties due to alcohol, controlled substances, prescription medications, or a combination of substances.

DWI charges are not limited to traditional cars. Operating motorcycles, boats, personal watercraft (jet skis), airplanes, or even electric scooters while impaired can result in DWI charges in Texas.

DWI vs. DUI in Texas

Texas law distinguishes between DWI (Driving While Intoxicated) and DUI (Driving Under the Influence):

  • DWI applies to adults (21+) and involves alcohol or drug impairment.
  • DUI is a charge specifically for minors (under 21) with any detectable amount of alcohol in their system, even if under the legal BAC limit.

Despite the difference in terminology, both are criminal charges with serious consequences.

Penalties for DWI in Texas

Penalties vary based on prior offenses, BAC level, and aggravating factors such as accidents or minors in the vehicle.

First Offense DWI

Second Offense DWI

  • Class A misdemeanor
  • Up to 1 year in jail
  • Up to $4,000 fine
  • License suspension: 180 days to 2 years
  • Mandatory IID

Third Offense DWI

  • Third-degree felony
  • 2 to 10 years in prison
  • Up to $10,000 fine
  • Long-term license revocation
  • Felony record

DWI with Child Passenger (Under Age 15)

  • State jail felony
  • 6 months to 2 years in state jail
  • Up to $10,000 fine

DWI and Commercial Drivers (CDL Holders)

Texas holds commercial drivers to a stricter standard. A BAC of just 0.04% can result in a DWI charge for commercial vehicle operators. Penalties include:

  • Immediate disqualification of CDL for 1 year (3 years if transporting hazardous materials)
  • Loss of employment
  • Felony charges for repeat offenses
  • Permanent CDL disqualification for multiple offenses

If you’re a CDL holder, it’s essential to contact a Texas DWI attorney immediately to protect your license and livelihood.

DWI for Other Vehicles: Boats, Planes & Watercraft

Texas law prohibits operating any motorized vehicle while intoxicated, including:

  • Boats and jet skis – Operating under the influence can lead to a BWI (Boating While Intoxicated) charge.
  • Airplanes – FAA and federal laws may apply in addition to state-level DWI charges.
  • ATVs and UTVs – Same rules as for highway vehicles.

Substances That Can Lead to a DWI Charge

DWI charges aren’t limited to alcohol. You can be arrested for impaired operation if affected by:

  • Illegal drugs (marijuana, cocaine, methamphetamine, etc.)
  • Prescription medications (e.g., painkillers, sleep aids, anxiety meds)
  • Over-the-counter drugs with drowsiness side effects

Prosecutors only need to prove that your faculties were impaired — not that your substance use was illegal.

The Legal Process for a DWI Charge in Texas

  1. Arrest – You may be stopped for suspected intoxication, given a field sobriety test or breathalyzer, and arrested.
  2. Booking – Your fingerprints and mugshot are taken. Bail is set.
  3. ALR Hearing – Administrative License Revocation (ALR) hearing must be requested within 15 days to contest license suspension.
  4. Arraignment – First court appearance. You enter a plea.
  5. Pre-trial Motions & Discovery – Evidence review and motion hearings (e.g., to suppress unlawfully obtained evidence).
  6. Trial or Plea Deal – You may negotiate a plea or proceed to trial.
  7. Sentencing – If convicted, penalties are imposed.
  8. License Reinstatement – After suspension, you must pay a fee and meet DPS requirements.

Bail and Jail Release for DWI Arrests

Bail for a first-time DWI may range from $500 to $2,000, but it can be higher with aggravating factors. Posting bail promptly through a Texas bail bondsman can help secure release and allow early work on your defense.

Mistakes to Avoid After a DWI Arrest

  • Refusing chemical tests: Can lead to immediate license suspension.
  • Talking to police without a lawyer: Statements may be used against you.
  • Missing the ALR hearing deadline: You must request it within 15 days of arrest.
  • Assuming a guilty plea is your only option: A skilled DWI attorney can often reduce or dismiss charges.

Defense Strategies for DWI in Texas

Every case is unique, but common DWI defense strategies include:

  • Illegal traffic stop – Challenging the basis of the stop.
  • Faulty breathalyzer calibration or administration
  • Field sobriety test errors
  • Medical conditions that mimic intoxication
  • Challenging probable cause for arrest
  • Violation of Miranda rights or due process

A seasoned Texas DWI lawyer will analyze the evidence and build a strategy specific to your case.

Expungement and Record Sealing for DWI

In most cases, a DWI conviction in Texas cannot be expunged, but you may qualify for an order of non-disclosure (record sealing) if:

  • It was a first-time offense
  • Your BAC was below 0.15%
  • You successfully completed probation or deferred adjudication

An attorney can help determine if you qualify to clear your record under Texas Government Code §411.0726.

Frequently Asked Questions About Texas DWI Laws

What’s the difference between a DWI and a DUI in Texas?

  • DWI applies to adults (21+) and involves impairment due to alcohol or drugs.
  • DUI typically applies to minors (under 21) with any alcohol in their system.

What happens if I refuse a breathalyzer test?

Refusing a chemical test results in automatic license suspension under Texas’ implied consent law, even if you’re not convicted of DWI.

How long does a DWI stay on my record in Texas?

A DWI conviction stays on your criminal record permanently unless you’re eligible for non-disclosure or expungement in limited cases.

Can I be charged with a DWI while riding a boat or flying?

Yes. Operating boats, personal watercraft, or aircraft while impaired can result in criminal charges under Texas and federal law.

What if I’m a commercial driver and get a DWI?

CDL holders face stricter standards (BAC of 0.04%), longer license suspensions, and immediate job consequences. A DWI conviction can permanently end a commercial driving career.

Can prescription medications lead to a DWI?

Yes. Even legally prescribed drugs can lead to a DWI charge if they impair your ability to drive.

Why Hire a Texas DWI Attorney?

Texas has some of the toughest DWI laws in the country. A qualified DWI attorney in Texas can help by:

  • Investigating flaws in the prosecution’s case
  • Challenging test results and police procedures
  • Protecting your license and freedom
  • Negotiating reduced charges or dismissal
  • Guiding you through expungement options

Don’t leave your future to chance. Consult with an experienced Texas DWI lawyer to explore your defense options today.

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