In Texas, a DWI (Driving While Intoxicated) means operating a motor vehicle in a public place while impaired by alcohol, drugs, or a combination of the two. Impairment can be shown in two ways:
- A BAC (blood alcohol concentration) of 0.08% or higher, or
- The loss of your normal physical or mental faculties due to alcohol or drug use.
Texas also has a separate, stricter offense for drivers under 21: DUI (Driving Under the Influence). Unlike DWI, DUI applies when any detectable amount of alcohol is present—no minimum BAC required.
Key Takeaways
- A BAC of 0.08% is the legal limit in Texas, but you can be charged even without a test.
- Penalties include jail, fines, license suspensions, and a permanent record.
- You have 15 days to challenge your driver's license suspension through the ALR process.
Legal Definition of DWI in Texas
Under Texas Penal Code §49.04, a person commits a DWI if they operate a motor vehicle in a public place while intoxicated.
1. Intoxication Standard
Texas law defines intoxication in two ways:
- Per Se Intoxication (BAC 0.08+): If your breath, blood, or urine test shows a BAC of 0.08% or higher, the law will presume that you were intoxicated.
- Signs of “intoxication”: This is an ambiguous standard that is left up to the officer who pulled you over.
It’s important to understand that even without a BAC test (which is within your rights to refuse), an officer can arrest you if they believe alcohol, drugs, or medication has affected your ability to think or operate a vehicle normally.
2. What Counts as “Operating a Motor Vehicle”
You do not need to be driving. Simply sitting in a parked car with the engine running can be enough for prosecutors to claim “operation.”
3. Public Place Requirement
Any place open to the public—roads, highways, parking lots—meets this requirement.
Note: Under Texas law, DWI and DUI are not the same thing. DUI applies only to drivers under the age of 21.
Maximum Penalties for a DWI in Texas
The maximum penalties you’ll face will depend on your BAC level, prior history, and whether there were aggravating factors. However, in our experience, it’s rare for first-time offenders to get the maximum penalty – assuming no enhancements are involved.
First DWI (Class B Misdemeanor)
- 3 to 180 days in jail
- Up to $2,000 fine
- Driver’s license suspension: 90 to 365 days
- Possible ignition interlock requirement
- Permanent criminal record if not dismissed or sealed
If your BAC is 0.15 or higher, the charge increases to a Class A misdemeanor with harsher penalties and higher fines.
Second DWI (Class A Misdemeanor)
- 30 days to one year in jail
- Up to $4,000 fine
- License suspension up to 2 years
- Mandatory ignition interlock installation
Third DWI (Felony)
- 2 to 10 years in prison
- Up to $10,000 fine
- Felony record
- Collateral consequences: firearms ban, voting restrictions
Enhanced DWI Situations
Texas increases penalties significantly when a DWI involves:
- A child passenger (state jail felony).
- Intoxication assault (3rd-degree felony).
- Intoxication manslaughter (2nd-degree felony).
SOURCE: Texas Department of Transportation
What Happens After a DWI Arrest?
1. Administrative License Revocation (ALR) Hearing
After a DWI arrest, you have 15 days from that date to request an ALR hearing. If you miss the deadline, your driver’s license is automatically suspended on day 40. This is an administrative process conducted by the State Office of Administrative Hearings (SOAH); it is not related to your criminal case.
2. Criminal Case
The prosecutor will pursue criminal charges whether or not you provided a breath or blood sample.
3. Evidence will be collected
Police and prosecutors typically rely on:
- Body cam footage
- Dash cam footage
- Field sobriety test results
- Breath or blood test reports
- Officer statements
- Your statements
A strong defense strategy focuses on challenging this evidence.
Common DWI Defenses in Texas
An experienced DWI lawyer can often challenge:
- Questioning traffic stop legality
- Probable cause for the arrest
- Breath test machine reliability
- Blood testing procedures and contamination
- Field sobriety test accuracy
- Officer training and protocols
In many cases, these issues lead to dismissals, reductions, or suppression of evidence.
Long-Term Consequences of a DWI
A DWI conviction affects more than your driver’s license:
- Criminal record visible to employers and landlords
- Higher insurance premiums
- Immigration complications
- Travel restrictions in certain countries
- Difficulty obtaining professional licenses
- Employment background check issues
- This is why decisions made early in the process matter.
The Bottom Line
Texas takes DWI charges seriously. Even a first offense can lead to a criminal record, a driver’s license suspension, thousands in fines, and long-term consequences for employment and travel. Understanding the definition, penalties, and what happens next can help you protect yourself — and your rights — from the start.
FAQs
Is a DWI the same as a DUI in Texas?
No. Texas uses DUI only for minors under 21. Adults are charged with DWI, regardless of the substance.
Can a first DWI be dismissed?
Yes. Many first-time cases are dismissed due to testing errors, illegal stops, or weak evidence.
How long will a DWI stay on your record in Texas?
Forever — unless you qualify for an expunction or nondisclosure.
