What Is a DWI in Texas? A Plain‑English Guide for Houston Drivers

What is a DWI in Texas?

A DWI in Texas means a person operated a motor vehicle in a public place while intoxicated, which can be proven by a blood alcohol concentration of 0.08 or higher, or by loss of normal mental or physical faculties due to alcohol, drugs, or a combination. If you are asking what qualifies as a DWI in Texas, it is not only about a number on a breath test. Officers and prosecutors can also rely on driving behavior, field sobriety tests, video, and blood or urine results to show impairment.

If you were recently stopped in Houston or anywhere in Harris County, your top questions are likely about jobs, family, and your license. This guide gives you a clear definition, the most common triggers, and the immediate license deadline that can sneak up on you. It uses Texas law statewide, with local notes for Houston-area drivers.

What qualifies as a DWI in Texas?

Texas law defines intoxication in two main ways. First, you are at or above 0.08 blood alcohol concentration. Second, regardless of any number, you do not have the normal use of your mental or physical faculties because of alcohol, a drug, a controlled substance, a dangerous drug, a combination of those, or any other substance. For a quick primer that covers the essentials, see this simple legal definition and common DWI triggers in Texas. For the black letter law, you can read the Official Texas statute defining DWI and related offenses.

For you, this means a DWI can be charged in three common situations: a chemical test at or above 0.08, an officer claiming you looked or drove impaired, or a blood or urine test showing drugs that affected your driving. If any of these apply, Texas treats it as a criminal offense, not just a traffic ticket.

Houston example: a quick micro‑story

Mike is a mid‑career provider who left a company dinner near the Heights. He felt fine to drive the ten minutes home. On I‑10 a trooper said he drifted once, then stopped him. Mike declined the breath test because he was nervous. The officer got a warrant for blood at a Houston hospital and handed Mike a notice about a possible license suspension. Mike’s job requires early morning site visits across Harris and Montgomery counties, so losing his license would hit his paycheck fast. Mike’s situation is common, and the steps below show what matters most in the first two weeks.

Texas DWI vs. DUI: What’s the difference?

In Texas, DWI is usually the charge for adults. It sits in Penal Code Chapter 49 and focuses on intoxication. DUI is a different offense in the Alcoholic Beverage Code that applies to drivers under 21 with any detectable amount of alcohol. Practically, an adult in Houston will face DWI, not DUI, even if the number is below 0.08 but officers claim noticeable impairment.

If you are a parent of a teen driver, know that DUI for a minor is still serious. It can affect school, insurance, and future licensing. For working adults like Mike, the charge to watch for is DWI, with its own penalties and license rules.

Texas BAC Limits: What is legally drunk in Texas?

• Standard drivers: 0.08 BAC or more is the per se limit.
• Commercial drivers operating a commercial vehicle: 0.04 BAC or more.
• Under 21: any detectable alcohol can trigger a DUI charge, and a DWI if actual impairment is alleged.

Important point for your job and family planning: Texas can prove DWI even if a test is below 0.08. If an officer or expert testifies that you did not have the normal use of your faculties because of alcohol or drugs, the case can still move forward. This is why video, field tests, and prescription records matter.

Can you get a DWI without drinking alcohol?

Yes. Texas law covers any substance that impairs normal mental or physical faculties. That includes marijuana, prescription medications like benzodiazepines or sleep aids, or a combination of alcohol with a drug that amplifies the effect. There is no legal THC “per se” limit in Texas, so officers rely on driving behavior, admissions, drug recognition evaluations, and blood or urine tests. If you felt fine but a medication tag or a doctor’s order is in your car, the state can still argue impairment. Evidence about dosage, timing, side effects, and alternative explanations can make a difference later.

Can you get a DWI while high on marijuana or prescription drugs?

Yes. Marijuana cases in Houston often hinge on observations like lane position, delayed responses, or eye and body cues, along with a lab report. Prescription drug cases can be even more nuanced. A lawfully prescribed medication is not a defense by itself if the state claims the dose impaired your driving. The question is impairment, not legality. If your work schedule, sleep, and dosing logs create a timeline that explains your condition, that can help your defense team challenge the impairment claim.

Open Container Laws in Texas: What you need to know

Texas bans open containers of alcohol in the passenger area of a motor vehicle on a public highway. An open container violation is usually a Class C misdemeanor with a fine up to 500 dollars. It is not the same as a DWI, but it can be used as evidence in a DWI stop and can complicate your case. In Houston, officers frequently note an open can or cup in their reports, which is why photos of your vehicle’s interior and the exact location of any container may matter later.

Refusal, testing, and your license: the ALR 15‑day clock

Texas has an Administrative License Revocation process that runs on a civil track separate from the criminal case. If you refused a breath or blood test, the Department of Public Safety can seek to suspend your driving privileges for 180 days on a first alcohol related enforcement contact, longer if you have a prior. If you took a test and failed at 0.08 or above, the proposed suspension is typically 90 days for a first occurrence. The critical part is the deadline to fight it.

You have 15 days from the date you received the suspension notice to request a hearing. Miss it, and a default suspension usually starts on the 40th day after you got the notice. If you were stopped in early December, that deadline comes fast. For example, if the notice is dated December 1, 2025, your last day to request a hearing would be December 16, 2025. For a detailed walkthrough, see how to request an ALR hearing and the 15-day deadline and this DPS portal for the official filing, Texas DPS ALR hearing request and the 15-day deadline portal. You can also explore how to challenge a license suspension after arrest for a plain English overview of hearing steps and possible outcomes.

What happens if you refuse a breathalyzer in Texas?

Refusing a breath test does not make a DWI go away. Harris County officers often apply for a blood search warrant, and many weekend or holiday operations are set up to make that process fast. A refusal triggers the ALR process and a proposed 180 day suspension on a first refusal. Judges can still see your blood result if a search warrant is signed. For deeper discussion, check this myth buster on what happens when you refuse chemical testing in Texas.

Penalties and enhancements at a glance

• First DWI, Class B misdemeanor: up to 180 days in jail, up to a 2,000 dollar fine, and possible license suspension. Minimum 72 hours, or 6 days if an open container is alleged.
• First DWI with BAC 0.15 or higher, Class A misdemeanor: up to one year in jail and a fine up to 4,000 dollars, with ignition interlock often required as a bond condition in Houston courts.
• Second DWI, Class A misdemeanor: up to one year in jail, up to a 4,000 dollar fine, longer license suspension, and potential vehicle consequences.
• Third or more DWI, third degree felony: 2 to 10 years in prison and up to a 10,000 dollar fine, with significant long term consequences.
• DWI with child passenger under 15, state jail felony: 180 days to 2 years in a state jail facility and up to a 10,000 dollar fine.

Every case is different. The above ranges are common starting points in Texas statute. Local bond conditions, court programs, and outcome options can vary by county and judge. In Harris County, expect conditions like no alcohol, SCRAM or ignition interlock for higher BACs, and travel limits during the case.

Process after a Houston DWI arrest

1. Stop and investigation: driving observations, roadside questions, and field sobriety tests on video. You may be asked to take a portable breath test, which is not the official evidentiary breath test.
2. Arrest and warnings: officers read you statutory warnings about testing and license consequences.
3. Testing decision: breath test at a station, a blood draw at a clinic or hospital, or a refusal followed by a search warrant.
4. Notice of suspension: you receive a form that starts the ALR clock. Count 15 days from that date to preserve your chance at a hearing.
5. Release and first court date: typically within a few weeks at a Harris County Criminal Court. Your charging document will be a misdemeanor information or a felony complaint depending on the level.
6. ALR hearing track: a separate civil hearing that focuses on the stop, probable cause, and whether you refused or failed a test.
7. Criminal case: discovery, video review, suppression motions, negotiations, and trial settings. Timelines vary, but many first offense cases take several months in Houston.

Two tracks run at once, the ALR license case and the criminal case. You can win one and lose the other. To protect your job and family schedule, build a calendar for both.

Defenses and evidence that matter

• Reason for the stop: a single wide turn or a momentary lane drift might be challenged, especially with road, construction, or weather conditions.
• Field sobriety testing: instructions, medical conditions, footwear, and camera angle all affect what the video actually shows.
• Breath testing: calibration, maintenance, operator certification, and the 15 minute observation period can be key.
• Blood testing: chain of custody, vial preservatives, lab methods, and timing of the draw compared to driving time matter.
• Alternative causes: fatigue, medication side effects, injuries, or anxiety can mimic impairment clues.

Clear, early steps can lower risk. Preserve videos, keep prescription records, and write a simple timeline while details are fresh. These actions help your defense team test the state’s case and may reduce the impact on your license and livelihood.

Common misconceptions, corrected

• Myth: You cannot get a DWI if you refuse every test. Reality: refusal can trigger a license suspension and a judge can sign a blood warrant.
• Myth: Under 0.08 means you are safe. Reality: officers can allege loss of normal faculties and prosecutors can proceed without a per se number.
• Myth: An open container is just a minor ticket. Reality: it can raise minimum jail time if paired with DWI and can be used as evidence.
• Myth: Prescription means protected. Reality: the question is impairment, not whether the drug was legal.

What to do next, step by step

1. Mark the ALR deadline: count 15 days from the date on your notice. Set a reminder for day 10 so you do not miss it. Use the DPS portal linked above or have a representative file it for you.
2. Gather evidence now: receipts, work logs, medication details, names of passengers or witnesses, and any dashcam footage. Take photos of the scene if safe to do so.
3. Order discovery early: the sooner video and records are preserved, the better the odds that helpful details are not lost.
4. Plan for transportation: if a suspension begins, explore an occupational license so work and family duties can continue.
5. Speak with a qualified Texas DWI lawyer: a short consultation can clarify defenses, timelines, and bond conditions tailored to your facts.

If you prefer a conversational format to explore basics and common forks in the road, try this short interactive Q&A resource with practical DWI tips. Use it as a primer, then verify details with Texas sources or counsel.

Brief notes for different reader types

Analytical Planner (Daniel): you want precise definitions and citations. The core statute is Penal Code 49.01 and 49.04 for DWI, with ALR rules administered by DPS. The 15 day deadline runs from the date you received notice, and default suspensions usually begin on day 40. Check the statute link above and keep a written timeline you can verify against official records.

Careful Professional (Elena): if you hold a professional or commercial license, an ALR suspension and certain bond conditions can disrupt work. Keep HR and credentialing in mind. An occupational license can preserve essential driving if a suspension starts, and compliance with interlock or testing orders helps protect employment.

Casual Risk‑Taker (Tyler): a DWI is not just a ticket. Even a first offense can bring thousands in fines, fees, higher insurance, and time away from work for court and classes. Refusing the test can still lead to a blood draw and a suspension. Small choices at the stop can have big ripple effects.

Status Protector (Sophia/Marcus): discretion is possible. Many Houston courts allow remote settings, staggered appearances, and sensitive handling of records within the bounds of law. Ask about secure communication, minimal in person appearances, and options that protect your privacy while staying compliant.

FAQ: Key questions about what qualifies as a DWI in Texas

Is a first DWI in Houston a misdemeanor?

Yes. A standard first DWI is a Class B misdemeanor in Texas, with up to 180 days in jail and up to a 2,000 dollar fine. A 0.15 or higher allegation raises it to Class A with higher possible penalties.

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

DWIs are criminal cases that can remain on your record indefinitely unless cleared through legal tools available in limited situations. Some outcomes may qualify for sealing under specific conditions, but eligibility is narrow and fact dependent.

Will I lose my license after a DWI arrest?

Maybe. If you refuse or fail a test, DPS can seek to suspend your license through ALR. You have 15 days from receiving the notice to request a hearing, and missing that window usually triggers a default suspension on day 40.

What is legally drunk in Texas if I drive for work?

For most drivers the per se limit is 0.08. If you are operating a commercial vehicle, 0.04 applies. Impairment can be alleged even below those numbers based on driving and observations.

Can prescription medication lead to a DWI?

Yes. The issue is whether the drug affected your normal mental or physical faculties while driving. Lawful prescriptions can still support a DWI charge if the state claims impairment.

Why acting early matters in Houston and nearby counties

Fast action protects your license options and preserves video and testing records. In Harris County, cases move in parallel, the civil ALR process and the criminal court track. If you plan for both in the first two weeks, you reduce surprise costs and disruptions at work. That matters when you are the person others rely on at home and on the job.

Take a breath, write out your timeline, and calendar the ALR deadline. Then focus on evidence and practical transportation planning. An informed approach can shrink risk and stress, and it improves your ability to make steady decisions rather than reactive ones.

Watch: this short Butler Law explainer covers the core definition of DWI and how it compares to DUI in Texas. It is a plain spoken overview if you are anxious about what the law actually says and what differences matter for your license and job.

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