DWI in Texas — Charges, Penalties, and Defense Reference
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
DWI charge framework
Texas DWI charges under Penal Code Chapter 49: § 49.04 — DWI (basic offense). § 49.045 — DWI with child passenger under 15. § 49.07 — Intoxication Assault (serious bodily injury). § 49.08 — Intoxication Manslaughter (death). § 49.09 — Enhanced penalties for repeat offenders. § 49.045 — Boating While Intoxicated. § 49.10 — DWI in vehicle/aircraft/watercraft. Most prosecutions under § 49.04 with enhancements for prior offenses, child passenger, high BAC.
Defense strategies
Common Texas DWI defenses: Procedural challenges — illegal stop (no reasonable suspicion); illegal arrest (no probable cause); Miranda violations; speedy trial issues. Testing challenges — Intoxilyzer 9000 calibration; observation period; mouth alcohol; medical conditions affecting breath testing; blood draw warrant issues; lab analysis problems. Field sobriety test challenges — National Highway Traffic Safety Administration (NHTSA) standards not followed; conditions affecting performance (medical, environmental); officer training issues. Affirmative defenses — involuntary intoxication (rare); necessity. Mitigation — first offense; cooperation; treatment engagement.
Critical first 15 days
After Texas DWI arrest, multiple deadlines run simultaneously: ALR hearing request — must be filed within 15 days of arrest or license suspension automatic. License surrender — if not requested ALR. Initial court setting — typically 30-60 days after arrest. Bond conditions — may include ignition interlock for repeat offenders. Discovery preservation — preservation letter to law enforcement for body camera, dashcam, surveillance footage; standard practice to preserve typically deleted within 30-90 days. Retain counsel immediately — significant defense work needed within first weeks. ALR hearing waiver = automatic license suspension; major procedural pitfall.
License consequences
Two parallel license consequences: Criminal license suspension — imposed at conviction; 90 days-2 years first offense; 180 days-2 years subsequent. Administrative License Revocation (ALR) — separate civil process; 90 days first offense (failure); 180 days first offense (refusal); 1-2 years subsequent. Both can apply to same DWI. Occupational license available under Transportation Code Chapter 521 — hardship-based "essential need license" for limited purposes during suspension. Ignition interlock device required for DWI second offense or first offense with BAC 0.15+. SR-22 (proof of financial responsibility) required for 2 years post-conviction.
Collateral consequences
Beyond immediate penalties: Criminal record — Texas DWI conviction permanent unless eligible for limited nondisclosure (HB 3016 for first-time DWI under 0.15). Driving record — Texas DPS 35-year internal retention. Insurance — 3-10 year impact; SR-22 requirement 2 years; rate increases 200-300% typical. Employment — affects commercial driving (CDL DWI is 1-year disqualification, lifetime for second); affects healthcare licensing; security clearance; some employment requiring clean record. Immigration — DWI not necessarily deportable but immigration consequences possible for non-citizens. International travel — Canada specifically denies entry to people with DWI on record.
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas DWI charges, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts across the full DWI spectrum — first-offense Class B, BAC-≥-0.15 Class A enhancement, second-offense Class A, third-offense felony (§ 49.09(b)), DWI with child passenger (§ 49.045), intoxication assault (§ 49.07), and intoxication manslaughter (§ 49.08). Reggie's prosecutor background includes the DWI side of the docket; the defense work draws on knowing the state's playbook.
Frequently Asked Questions
Is DWI a misdemeanor or felony in Texas?
First and second DWI: misdemeanors (Class B and Class A). Third DWI: third-degree felony (2-10 years). DWI with child passenger: state-jail felony. Intoxication assault: third-degree felony. Intoxication manslaughter: second-degree felony (2-20 years).
What's the most important thing to do after Texas DWI arrest?
Retain counsel immediately. Multiple critical deadlines run from arrest date — ALR hearing request within 15 days; discovery preservation letters; bond conditions; initial court setting. Missing ALR deadline = automatic license suspension.
Can Texas DWI charges be reduced?
Sometimes — particularly first offenses with favorable circumstances. Reduction options: obstruction of officer (Class B misdemeanor without DWI conviction record consequences); reckless driving; deferred prosecution programs in some counties. Effective negotiation requires strong defense position and counsel familiar with local prosecutors.
How do I get my license back after Texas DWI?
Options: complete suspension period; apply for occupational license under Transportation Code Chapter 521 for hardship use during suspension; reinstatement after suspension requires $125 fee + SR-22 + completion of any required programs. Texas DPS handles administrative reinstatement; criminal cases require court compliance.
What happens at a Texas ALR hearing?
Administrative hearing on license suspension (separate from criminal DWI). State must prove: reasonable suspicion for stop; probable cause for arrest; lawful arrest. Defense challenges: procedural issues, lack of probable cause, improper testing. Hearing typically before administrative law judge (ALJ). ALR results don't affect criminal case but affect license.
