
One of the most common criminal arrests in the Houston area is Driving While Intoxicated (DWI). Like every other state, Texas strictly prohibits drunk driving, and a conviction can lead to serious consequences. Beyond criminal charges, DWI arrests in Texas can also result in civil penalties, including license suspension.
Through the Administrative License Revocation (ALR) program, individuals have only 15 days to request a hearing after a DWI arrest. If you’ve recently been arrested for drunk driving in Southeast Texas, it’s crucial to secure experienced legal representation immediately.
Contact Salinas Defense today. Our Houston DWI defense attorneys represent clients throughout Harris County, including Friendswood, Pearland, Seabrook, League City, Deer Park, Pasadena, La Porte, Galena Park, Baytown, and more. Call 832 202-8409 now for a free and confidential consultation.
Under Texas Penal Code § 49.04, it’s a criminal offense to operate a motor vehicle in a public place while intoxicated. Texas defines “intoxicated” under § 49.01(2) as:
BAC refers to grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine. Many DWI arrests involve roadside breath tests or chemical testing at the station. While a BAC of 0.08% constitutes a “per se” DWI offense, 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%.
At Salinas Defense, we defend against a wide range of DWI-related charges in Greater Houston, including:
Even a first offense can result in:
As a repeat offender, you face:
A third offense can mean:
A DWI becomes a felony in cases involving:
Operating a boat with a BAC over 0.08% can result in a BWI, with similar consequences to a DWI.
Commercial drivers face license disqualification and job loss, even for a first offense.
Driving under the influence of marijuana, prescription meds, or illegal drugs can result in DWI charges, even without alcohol involvement.
Damaging property while intoxicated can lead to harsher penalties and potentially civil liability.
Driving drunk with a minor (under 15) in the car is a felony offense, carrying steep consequences.
A BAC of 0.15% or higher leads to enhanced penalties and possible felony classification.
Texas’s zero-tolerance policy means anyone under 21 with any detectable alcohol in their system can be charged with DWI.
A third-degree felony involving serious bodily injury caused while driving under the influence.
A second-degree felony for causing death while intoxicated. Penalties include:
Even if marijuana is legal in other states, driving under its influence in Texas can result in a DWI arrest and conviction.
Texas law prohibits open containers of alcohol in the vehicle’s passenger area. Violations can lead to additional charges alongside a DWI.
A DWI arrest can impact your career, finances, freedom, and future. Don’t face the criminal justice system alone.
The experienced attorneys at Salinas Defense serve clients in Houston, Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood, and across Harris County. We will thoroughly evaluate your case, investigate the facts, and fight for the best possible outcome.
Call 832 202-8409 now or fill out our online contact form to schedule your free, confidential consultation.
The Administrative License Revocation hearing is a civil proceeding before the State Office of Administrative Hearings, separate from your criminal DWI case, that decides whether the Texas Department of Public Safety can suspend your license for refusing or failing a breath or blood test. You have 15 days from the date of arrest to request it. Miss the deadline and the suspension takes effect automatically, 40 days after your arrest. Requesting the hearing also lets your attorney cross-examine the arresting officer under oath months before the criminal trial.
Usually, through an occupational driver's license. A judge can grant one that allows driving for work, school and essential household duties, typically limited to specific hours and routes. Texas requires an SR-22 insurance certificate and, for many applicants, an ignition interlock device. Getting the occupational license in place before the suspension starts avoids the gap where driving at all is a new offense.
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.
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.
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.
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.
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.
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.
At Salinas Defense, your consultation request is confidential, and our team is here to help you take the next step with clarity and confidence.

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