The Ultimate Guide to DWI Charges in Texas

Under Texas DWI laws, you can be charged with Driving While Intoxicated if you operate a motor vehicle in a public place while intoxicated—meaning your normal mental or physical faculties are impaired by alcohol or drugs, or your blood alcohol concentration is 0.08% or higher (0.04% for commercial drivers). In practical terms, penalties can include fines, license suspension, possible jail, and ignition interlock requirements, and after an arrest you generally have 15 days to request an ALR hearing to fight an automatic license suspension. This guide explains what counts as DWI, legal BAC limits, what happens after arrest, likely penalties, and realistic next steps for drivers in Houston and nearby Texas counties.

Your 10‑Step Roadmap After a Texas DWI Arrest (Plain‑English, Right Now)

Mike, if you’re in your mid‑30s juggling a construction team and a family calendar, here’s a calm, direct plan. Follow it step‑by‑step to protect your license, job, and future.

1. Request your ALR hearing within 15 days. If you don’t, your license can be automatically suspended on the 40th day after your arrest or notice of failure/refusal. Learn exactly how to request an ALR hearing before suspension.
2. Calendar all dates immediately. Put the ALR deadline and your first court setting on your phone and a wall calendar. Expect the first court appearance in Harris County within a few weeks of arrest.
3. Gather key papers and digital info. Bail receipt, tow or property slips, temporary driving permit, any receipts showing limited drinking, phone location data, and names of witnesses. Save body‑cam or dash‑cam request receipts if you made them.
4. Document medical issues the same day. Acid reflux, diabetes, injuries, fatigue, neurological or balance conditions and prescriptions can affect field sobriety or breath/blood readings. Keep proof in one folder.
5. Write a private timeline. From first drink to the stop, list times, amounts, food, medications, and interactions. Do this while fresh—do not post online.
6. Stay off social media about the case. Screenshots live forever. Refuse unchecked statements to anyone but your legal team.
7. Confirm your mailing address with DPS and the court. Missed mail equals missed hearings. The best defense fails if you don’t show up.
8. Plan for work coverage on court days. In Houston, court usually starts early. Arrange crew coverage so you can be fully present.
9. Consider transportation backups now. If a suspension starts, an occupational license may keep you commuting. Expect strict rules and potential ignition interlock.
10. Consult a qualified Texas DWI lawyer early. Early counsel helps with ALR, evidence preservation, and negotiating options without promising outcomes.

Two quick realities: (1) Silence is allowed—polite, minimal answers keep things from getting worse; and (2) Small details (like work boots affecting balance tests) can become big leverage later.

Texas DWI Laws: What Counts as DWI and the Legal BAC Limits

Texas defines DWI under Penal Code Chapter 49 as operating a motor vehicle in a public place while intoxicated. “Intoxicated” means either (a) lacking the normal use of mental or physical faculties because of alcohol, drugs (including lawful prescriptions), or a combination, or (b) having a BAC of 0.08% or more. Commercial drivers face a 0.04% limit while operating a commercial vehicle, and drivers under 21 are subject to a near‑zero tolerance rule under separate provisions.

For a deeper primer that stays in plain English, see this overview of what legally qualifies as a DWI in Texas. If you prefer the statutory text, review Texas Penal Code Chapter 49.

• 0.08% BAC for most adult drivers (per se DWI).
• 0.04% BAC for CDL holders operating a commercial vehicle.
• Any detectable alcohol for under‑21 drivers may result in separate “DUI by a minor” consequences.
• No‑number DWI still exists: even without a breath/blood number, prosecutors can rely on officer observations, video, and field tests.

Why this matters to you: even if you’re sure you “felt fine,” the law doesn’t require slurred speech or a high number if the State claims lost normal faculties. That’s why preserving video, medical documentation, and accurate timelines matters.

The DWI Arrest Process in Texas (Houston/Harris County Focus)

Knowing the process reduces fear. Here’s what typically happens from the roadside to the first court setting in Harris County and nearby counties.

1) The Stop and Initial Questions

Most stops begin with a traffic violation or a welfare check. The officer observes driving, smell of alcohol, eyes, speech, and movements. You must identify yourself; beyond that, you can keep answers minimal and polite.

2) Field Sobriety Testing

Officers may request standardized field sobriety tests (HGN “eye test,” Walk‑and‑Turn, One‑Leg Stand). Weather, footwear, injuries, fatigue, and nerves affect performance. Portable breath tests at the roadside are generally used for probable cause, not the courtroom number.

3) Arrest, Implied Consent Warnings, Breath/Blood Testing

Once arrested, Texas’s implied consent law kicks in. You’ll receive DIC‑23/24 warnings about refusing or failing a chemical test. Refusal can trigger an ALR suspension; failing above 0.08 can, too. In many Houston cases, officers seek a blood warrant if you refuse.

4) Release, Bond Conditions, First Court Date

After booking, many first‑time defendants are released on bond with conditions (no alcohol, IID if ordered, travel limits). The court date appears on your paperwork; missing it can lead to a warrant.

5) Two Tracks Start: Criminal Case and ALR

The criminal case proceeds in a Harris County Criminal Court at Law (or a district court for felony DWIs). The ALR case is a separate civil proceeding with the State Office of Administrative Hearings about your license. Read about the ALR program at the Texas DPS Administrative License Revocation program.

Micro‑story: “Mike,” a foreman, was stopped on I‑10 at 3:15 a.m. after a lane change without signaling. He wore steel‑toe boots and had a knee strain from work. On video, his Walk‑and‑Turn looked wobbly. His blood result later read 0.09. The defense highlighted the knee injury, uneven shoulder of the road, and heavy footwear; lab discovery revealed a potential sample‑handling issue. Months later, the case resolved short of trial with conditions that protected his job and driving—no promises, just careful work with facts.

DWI Penalties Texas: What You’re Really Facing

Consequences vary with your history, BAC, and facts. This overview is not a guarantee—think of it as a realistic map of possibilities under Texas DWI laws.

• First DWI (Class B misdemeanor): 72 hours to 180 days in jail (minimum 6 days if an open container), up to $2,000 fine, and license suspension typically 90 days to 1 year. A BAC of 0.15+ can be charged as a Class A misdemeanor (up to 1 year in county jail and up to $4,000 fine).
• Second DWI (Class A misdemeanor): 30 days to 1 year in jail, up to $4,000 fine, and license suspension up to 2 years; ignition interlock commonly required during bond and as a condition of any probation.
• Third DWI (third‑degree felony): 2 to 10 years in prison, up to $10,000 fine, and longer license consequences.
• With child passenger (under 15): State jail felony: 180 days to 2 years and up to $10,000 fine.
• State “DWI fines” upon conviction (in addition to court fines): $3,000 for a first conviction, $4,500 for a second, or $6,000 if BAC was 0.15+.

For a fuller plain‑language breakdown, see this summary of likely DWI penalties and license consequences. License suspensions also flow from ALR results: a first test failure often triggers a 90‑day suspension; a first refusal often triggers a 180‑day suspension. Prior alcohol‑related contacts within 10 years can lengthen those periods.

Occupational (Essential‑Needs) License Snapshot

If you face suspension, an occupational license may allow limited driving for work, school, and household needs. Expect proof of insurance, a court order, possible waiting periods, strict log requirements, and IID in some scenarios. Judges in Harris County often have specific forms and procedures; precision and patience matter.

Financial Reality Check

The total cost of a first DWI—fines, fees, classes, interlock, insurance, and missed work—can run into the thousands of dollars over a year or two. Planning early helps you control what you can, especially keeping your job steady and your license usable.

Timeline, Data Points, and What “Resolution” Usually Looks Like

Analytical readers want the likely path, not hype. Here’s a general, evidence‑based view for Houston‑area cases (individual facts vary):

• ALR hearing: If timely requested, it’s often scheduled within 60–120 days. Officers sometimes appear by phone or video; if they don’t, that can affect the State’s ALR case.
• Discovery: Body‑cam, dash‑cam, 911 audio, reports, intoxilyzer records, and lab packets arrive in waves. Blood lab results can take weeks to months depending on backlogs.
• Case length: Many first‑offense cases resolve in about 6–12 months in Harris County; some faster, some slower, especially with blood warrants, expert reviews, and motion practice.
• Common outcomes: Non‑trial dispositions are frequent statewide. Results range from dismissals to reductions or negotiated probation with classes, community service, and interlock—no guarantees, but these are standard tools in the system.

How this helps you: seeing the arc ahead calms the day‑to‑day stress. You can plan child care, job coverage, and transportation with realistic checkpoints.

Defense Building Blocks: From Field Tests to Bloodwork

Strong defenses rarely turn on a single magic fact; they come from stacking small, credible points that raise doubt or suppress weak evidence. Here are common lanes defense teams explore in DWI cases under Texas DWI laws:

• The stop: Was there a lawful basis? Lane drift for a second on a pothole‑ridden road at 2 a.m. isn’t always reasonable suspicion, depending on the totality of circumstances.
• Field tests: Were instructions correct? Was the surface level? Did medical conditions, footwear, or lighting skew performance? Are the clues counted properly?
• Video: Does the body‑cam/dash‑cam match the report? Calm speech, steady steps, and normal interactions can undercut “intoxicated” descriptions.
• Breath testing: Was the machine maintained and certified? Were 15‑minute observation requirements followed? Do GERD or dental work create mouth‑alcohol issues?
• Blood testing: Was the warrant valid? Were vials, preservatives, and chain of custody handled correctly? Any lab‑level uncertainty, contamination risks, or fermentation effects?
• Timeline biology: Was your BAC rising or falling? Widmark calculations, food intake, and drinking patterns can change back‑extrapolation math significantly.

Misconception to correct: “If the test shows 0.08 or higher, the case is over.” Not true. Machines, methods, human steps, and biology are all testable, and juries learn about reasonable doubt from those details.

DWI Expungement Process vs. Record Sealing (Know the Difference)

Many people ask about “expunging” a DWI. In Texas, expunction generally erases the record but is typically available only when a case is dismissed, you are acquitted, or you qualify for other specific statutory grounds. A conviction for DWI is not expunged. However, some first‑offense DWIs may qualify for an Order of Nondisclosure (record sealing) if you meet statutory criteria, wait the required time, and complete conditions. For one statutory reference, review Texas Government Code §411.0731 and related sections.

• Expunction (best‑case erasure): Usually requires dismissal or acquittal; strict waiting times and limits apply.
• Nondisclosure (sealing): Often possible for certain first‑offense DWIs after a waiting period that can be shorter with ignition interlock compliance; sealing hides the record from most public background checks but not all government agencies.
• Takeaway: Early strategy affects later sealing options. How you resolve the case today shapes tomorrow’s job and licensing background checks.

If protecting employment is your top goal, ask a qualified Texas DWI lawyer how different resolutions will affect sealing eligibility—especially if you work with a commercial driver’s license, hold a professional license, or must clear contractor badging for plants around Harris County.

Secondary Reader Spotlights

Different readers look for different angles. These quick spotlights speak directly to common needs we see in Houston‑area DWI cases.

Analytical Planner (Ryan/Daniel): data, timelines, and evidence‑based choices

• Map your case to a timeline: ALR (60–120 days), discovery (rolling), motion practice (as needed), negotiation windows (often after key evidence arrives), and trial settings (set and reset as labs and calendars change).
• Build an evidence ledger: video obtained, medical records requested, machine logs pulled, expert consulted, and lab packets reviewed. Close gaps one by one.
• Evaluate plea vs. trial as a decision tree with branches for license, cost, time, and long‑term record impact—not just “guilty/not guilty.”

Status Protector (Jason/Sophia/Marcus): privacy and high‑touch handling

Discretion matters. Ask about confidential scheduling, minimal in‑court appearances when allowed, remote consults, and communication practices that respect privacy. Some matters permit lower‑profile approaches without sacrificing rigor; policies vary by court and case facts.

Professionals‑at‑Risk (Elena): licensure, HR, and board reporting

Many licenses and employers require timely self‑reporting of certain arrests or convictions. Clarify your obligations early, including how an ALR result, a temporary occupational license, or ignition interlock may affect your credentialing or plant/site access. Plan documentation so HR sees stability and compliance, not chaos.

Unaware Young Adult (Tyler): the compact “cost of inaction” box

• Miss the 15‑day ALR deadline → automatic suspension risk on day ~40.
• Conviction adds a state DWI fine of $3,000–$6,000 on top of court fines.
• Insurance increases can last years and cost more than the fine itself.
• Skipping court = warrant, arrest at work, and towed vehicle fees you didn’t plan for.

Frequently Asked Questions About Texas DWI Laws (Houston‑Focused)

Will I automatically lose my license after a DWI arrest in Texas?

Not automatically—but you must act. You generally have 15 days from receiving notice of failure or refusal to request an ALR hearing. If you don’t, an automatic suspension can begin on the 40th day. Winning the ALR or obtaining an occupational license can keep you driving within strict limits.

Is a first DWI in Houston a felony?

Usually no. A first DWI is typically a Class B misdemeanor, or Class A if BAC is 0.15+. It becomes a felony if it’s a third or more DWI, or if a child under 15 was in the vehicle, or if intoxication caused serious injury or death under related offenses.

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

A DWI arrest and case can remain on your record indefinitely unless you qualify for expunction (rare, typically after dismissal or acquittal) or for an order of nondisclosure (sealing) on eligible first‑offense outcomes. Sealing hides the case from most public checks but not from all government or licensing agencies.

Are breath and field sobriety tests reliable?

They can be challenged. Field tests are sensitive to instructions, surfaces, footwear, injuries, and nerves; breath machines require maintenance, observation periods, and correct procedures. Video, medical records, and expert review often determine how much weight a court gives to these tests.

How fast can a Houston DWI case be resolved?

Some cases resolve in a few months; many take 6–12 months, especially if blood testing, expert review, and motion hearings are involved. Complex cases or lab backlogs can extend timelines. Planning for work coverage on anticipated court dates reduces stress and surprises.

Closing Guidance: Why Acting Early Matters

Early action preserves your license rights, locks down evidence, and shapes better outcomes without any guarantee. Put the ALR deadline on your calendar, centralize your paperwork, and consider a consult with a qualified Texas DWI lawyer who handles Houston‑area courts regularly. If you want a quick, interactive way to explore next steps and common questions, try this interactive Q&A: quick Texas DWI tips and next steps.

Remember: your case is unique. Nothing here promises a specific result or compares services. This is an educational roadmap to help you make informed, steady decisions for your job, family, and future.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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