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.
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.
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.
⚠ 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.
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.
| Offense | Classification | Jail / Prison | Fine (up to) | License Suspension |
|---|---|---|---|---|
| 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.
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
Arraignment (First Court Date)
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.
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.
Every DWI case is unique. The strength of your defense depends on the specific facts of your arrest. The sooner an attorney reviews your case, the more options you have.
Frequently Asked Questions
Houston DWI Questions — Answered
After a DWI arrest in Harris County, you will be booked into the Harris County Jail. A magistrate judge will set your bond, typically within 24 hours. You will receive a court date for your arraignment (usually 2–6 weeks later). Most critically, the clock starts ticking immediately on your 15-day window to request an ALR hearing to contest your license suspension. Hiring an attorney right away gives you the best chance at a strong outcome on both the criminal case and the license proceedings.
Not necessarily. Texas operates a two-track system. The criminal court handles the DWI charge itself, while the Texas DPS handles your driver's license through the ALR process. These are separate proceedings. If you request an ALR hearing within 15 days of your arrest, you get a chance to fight the suspension. Many attorneys win ALR hearings, and even losing one can preserve your license for months while the criminal case plays out. Additionally, even if your license is eventually suspended, Texas offers occupational driver's licenses for essential driving.
Yes. DWI charges in Texas can be dismissed outright, reduced to a lesser charge, or resolved through deferred adjudication (in some circumstances). Common paths include: suppression of evidence that guts the State's case, negotiated reduction to a non-DWI offense like "obstruction of a passageway," or acquittal at trial. The viability of each depends on your specific facts — which is why early attorney involvement is so important.
This is one of the most common questions, and the answer is nuanced. Texas has implied consent laws — refusing a breath or blood test triggers an automatic 180-day license suspension (versus 90 days for a first-offense failure). However, a refusal also means no BAC number for the prosecutor to use against you. An experienced attorney can argue a DWI case without BAC evidence. If you are reading this after already refusing, know that refusal alone is not a criminal offense and your case is still very defensible.
Attorney fees for DWI defense in Houston vary based on complexity. A first-offense misdemeanor DWI typically ranges from $1,500 to $5,000. Cases involving accidents, injuries, a BAC of 0.15% or higher, prior offenses, or potential felony charges cost more. Payment plans are commonly available. The more important calculation: a DWI conviction can cost $10,000–$20,000+ in fines, surcharges, insurance increases, and lost income — not counting the professional and personal consequences of a permanent record.
If your DWI case is dismissed or you are acquitted at trial, you are generally eligible for expunction under Texas law — which fully erases the arrest from your record. If you receive deferred adjudication, you may be eligible for a non-disclosure order, which seals the record from public view. A standard DWI conviction, however, cannot be expunged in Texas. This is one more reason why fighting the charge matters.
A misdemeanor DWI in Harris County typically resolves in 6 to 18 months from arrest to final disposition, depending on the court's docket, the complexity of the case, and whether it goes to trial. Felony DWI cases take longer. Your attorney can give you a more accurate timeline once they review your specific facts and which court your case is assigned to.
