Texas roads are unforgiving, and so is the state’s approach to drunk driving. The Lone Star State has some of the toughest DWI penalties in the nation, and they’re not afraid to use them. But here’s what most people don’t realize: DWI law in Texas is incredibly complex, with multiple charge levels, enhanced penalties, and legal nuances that can make or break your case. Here’s what to expect:
| Offense | Definition | Charge | Jail time | License suspension | Fines |
| DWI first offense | Driving while intoxicated (BAC ≥ 0.08) for the first time | Class B misdemeanor | 3 days – 180 days | 90 days – 1 year | Up to $2,000 |
| DUI (for minors) | Drivers under 21 with any detectable amount of alcohol | Class C misdemeanor | None (fine only) | 60 – 180 days | Up to $500 |
| DWI first offense with a BAC greater than .15 | Driving while intoxicated with a blood alcohol content of 0.15 or higher | Class A misdemeanor | 30 days – 1 year | 180 days – 2 years | Up to $4,000 |
| DWI second offense | Second DWI arrest regardless of BAC | Class A misdemeanor | 30 days – 1 year | 180 days – 2 years | Up to $4,000 |
| DWI third offense | Third (or subsequent) DWI arrest | Third-degree felony | 2 – 10 years | 180 days – 2 years | Up to $10,000 |
| DWI w/ a child passenger | Driving while intoxicated with a passenger under 15 years old | State jail felony | 180 days – 2 years | Up to 180 days | Up to $10,000 |
| Intoxication assault | When your DWI causes serious bodily injury | Third-degree felony | 2 – 10 years | 180 days – 2 years | Up to $10,000 |
| Intoxication manslaughter | When your DWI results in someone’s death | Second-degree felony | 2 – 20 years | 180 days – 2 years | Up to $10,000 |
The stakes couldn’t be higher, and the prosecution has unlimited resources to build their case against you. That’s why you need a DWI lawyer in Houston who knows every angle, every defense strategy, and every way to attack the state’s evidence.
You need Mark Thiessen, who has secured hundreds of Not Guilty verdicts and thousands of dismissals for clients facing serious DWI charges. Don’t let a DWI charge derail your life — call Thiessen Law Firm at (713) 864-9000 today and start fighting back.
What are the DWI laws in Texas?
Under Texas Penal Code Section 49.04, you can be charged with DWI if you’re operating a motor vehicle in a public place while intoxicated — and “intoxicated” doesn’t just mean you’ve had too much to drink. The law defines intoxication in three different ways:
- Having a blood alcohol concentration of 0.08 or higher (the legal drinking limit)
- Not having the normal use of mental faculties due to alcohol or drugs
- Not having the normal use of physical faculties due to alcohol or drugs
This means you can be arrested and convicted of DWI even if your BAC is under 0.08, as long as the officer believes your abilities are impaired. You don’t need to be falling-down drunk or driving like a maniac to get arrested. Something as simple as weaving within your lane, taking a turn too wide, or even just being pulled over for a broken taillight can lead to a DWI investigation if the officer smells alcohol.
Continue reading: How long does it take to sober up?
What is the penalty for a DWI in Texas?
The penalties for a DWI in Texas depend on several factors, but don’t expect the state to go easy on you — even for a first offense. A standard first-time DWI is a Class B misdemeanor that can land you in jail for anywhere from 3 to 180 days, fines up to $2,000, and a suspended license for up to a year. But that’s just the beginning.
You’ll also face mandatory alcohol education classes, potential community service, probation fees, and insurance rates that will make your wallet cry. And if your blood alcohol concentration was 0.15 or higher — what’s considered an aggravated DWI — those penalties jump to Class A misdemeanor levels with up to a year in jail and $4,000 in fines. And this is just for first-time DWI arrests.
Additional consequences
The real financial pain comes from all the hidden costs that pile up like a bad hangover. Beyond the fines and court fees, you’re looking at:
- License reinstatement fees: Hundreds of dollars just to get your driving privileges back
- Ignition interlock devices: Monthly rental fees that can cost $100-150 per month
- SR-22 insurance: High-risk insurance that can triple or quadruple your premiums
- Alcohol education programs: Mandatory classes that cost hundreds of dollars
- Probation fees: Monthly supervision costs that add up fast
- Attorney fees: Though hiring a good lawyer is the best investment you can make
Second and third DWI offenses carry even harsher penalties, with third offenses becoming third-degree felonies punishable by 2 to 10 years in prison and fines up to $10,000. Add aggravating factors like having a child in the car, causing an accident, or seriously injuring someone, and you’re looking at felony charges that can destroy your life. The bottom line? Texas doesn’t mess around with DWI penalties, and neither should you when it comes to your defense.
What happens with your first DWI in Texas?
Being charged with a DWI in Texas 1st offense is like stepping into a minefield — one wrong move can blow up your entire future. Even though it’s “just” a Class B misdemeanor, the immediate consequences hit hard:
- Jail time: Up to 180 days behind bars
- Fines: Up to $2,000 in court penalties
- License suspension: 90 days to 1 year without driving privileges
- Mandatory programs: DWI education classes and possible community service
- Probation: Monthly check-ins with strict rules and fees
Miss a probation appointment or fail to complete community service? You’re back in front of the judge explaining why you shouldn’t go straight to jail.
The real nightmare starts after you leave the courtroom. A first-time DWI conviction creates a permanent criminal record that follows you everywhere — job applications, apartment rentals, professional licensing, even involvement at your kid’s school. The conviction stays on your driving record forever, and Texas offers no expungement unless you meet very specific criteria under the Second Chance Law.
That’s why fighting your first DWI isn’t just about avoiding jail time — it’s about protecting your entire future from one mistake that could haunt you for decades.
What is the process of a DWI in Texas?
Each step of the DWI process can provide opportunities for your attorney to challenge the state’s case and protect your rights. From the moment those red and blue lights flash behind you until your case is resolved, every step matters — and knowing what’s coming can help you make better decisions about your defense.
- Traffic stop and investigation: Officer observes driving behavior, conducts field sobriety tests, and makes arrest decision
- Booking and jail: You’re processed, fingerprinted, and either released on bond or held until arraignment
- Administrative License Revocation (ALR): The ALR hearing is a separate civil process that can suspend your license within 40 days of arrest
- Arraignment: First court appearance where you enter a plea and receive formal charges
- Pre-trial motions: Your attorney files motions to suppress evidence, challenge procedures, and attack the state’s case
- Discovery phase: Both sides exchange evidence, police reports, video footage, and lab results
- Plea negotiations: Discussions about potential plea deals, charge reductions, or alternative sentencing
- Trial: If no plea agreement is reached, your case goes before a judge or jury for final determination
Each phase has strict deadlines and procedural requirements that can make or break your case. Miss the 15-day deadline to request an ALR hearing, and you automatically lose your license. Fail to file the right pre-trial motions, and crucial evidence against you might be allowed in court.
That’s why having an experienced DWI attorney from day one isn’t just helpful — it’s essential to navigating this complex process and protecting your future.
How to beat a DWI charge in Texas?
Here’s the truth that prosecutors don’t want you to know: chances of dismissal of DWI Texas cases are higher than most people think, especially when you have an attorney who knows how to attack the state’s evidence.
Whether you’re facing an underage DUI in Texas for the first time or dealing with a DWI in Texas 2nd offense, there are dozens of ways to challenge the prosecution’s case and fight for your freedom, but it all starts with hiring the right attorney.
- Challenge the traffic stop: If the officer didn’t have reasonable suspicion to pull you over, everything that happened after could be thrown out
- Attack field sobriety tests: These tests are designed to fail and don’t account for medical conditions, environmental factors, or officer errors
- Question breathalyzer accuracy: Machines malfunction, calibration records get lost, and officers make mistakes during testing
- Challenge blood test results: Chain of custody issues, improper storage, and contamination can invalidate blood evidence
- Expose officer training deficiencies: Many officers aren’t properly trained on DWI detection or testing procedures
- Negotiate charge reductions: Sometimes reducing to obstruction of highway or reckless driving is the best outcome
- Pursue alternative sentencing: DWI deferred adjudication Texas options can help avoid conviction in some cases
The key to winning is understanding that the state must prove every element of their case beyond a reasonable doubt — and there’s usually more doubt than they want to admit. With the right defense strategy and an attorney who isn’t afraid to take your case to trial, you can fight back and win.
Don’t let a DWI destroy your life — fight back with Mark Thiessen
DWI law in Texas is brutal, but you don’t have to face them alone. Every day you wait to fight your charges is another day the prosecution uses to build their case against you. The ALR hearing deadline is ticking, evidence needs to be preserved, and your future hangs in the balance. This isn’t the time to shop around for the cheapest lawyer or hope everything works out on its own.
Mark Thiessen and the team at Thiessen Law Firm have built their reputation on one simple principle: we fight to win. With thousands of case dismissals and 100+ Not Guilty verdicts won at trial, we know exactly how to attack every piece of evidence the state throws at you. From challenging illegal traffic stops to exposing flawed breathalyzer results, we leave no stone unturned in your defense.
Your DWI case won’t wait, and neither should you. Call Mark Thiessen today at (713) 864-9000 and let us start building your defense immediately.
More Helpful Articles by Thiessen Law Firm:
- How Long is an Assaulting a Police Officer Sentence?
- What Happens to a Police Officer Arrested for DWI?
- Penalties for a DUI Minor in Texas
- Is Gambling Legal in Texas?
- Your Guide to DWI Expungement in Texas
