When former Dallas Cowboys quarterback and CBS lead NFL analyst Tony Romo was arrested on suspicion of operating while intoxicated (OWI) in Milwaukee County, Wisconsin, the story traveled fast — not because of the charge itself, but because of who was behind the wheel. For a Frisco or DFW driver, though, the more useful question is a practical one: if the same traffic stop happened here, how would Texas law treat it, and what would that driver actually face? At L & L Law Group, PLLC, we handle DWI cases across Collin, Denton, and Dallas counties every week, so here is a plain-English breakdown of the law behind a case like this.

What Happened

According to reporting on the arrest, Romo was stopped while driving southbound on Interstate 43 near a high-rise bridge in Milwaukee on the night of July 23, 2026. Deputies with the Milwaukee County Sheriff’s Office said he performed poorly on standardized field sobriety tests and was taken into custody, booked, and released the same night on a first-offense OWI. He is scheduled to appear in court on September 21, 2026. Court records later reviewed by reporters indicated he was also cited for refusing to submit to a chemical test for intoxication after his arrest. In Wisconsin, a first-offense OWI is generally treated as a civil forfeiture matter rather than a criminal charge. The Guardian and other outlets, including The Detroit News, reported the details from the arrest-detention report.

The following is general legal commentary on how a similar charge would be handled under Texas law. It is not a statement that Mr. Romo committed any offense, and nothing here predicts the outcome of his Wisconsin case. Every case turns on its own facts.

DWI Under Texas Law — Not the Same as Wisconsin OWI

The single biggest difference for a DFW reader is this: what Wisconsin calls a civil "OWI" first offense is, in Texas, a criminal offense from the very first arrest. Under Texas Penal Code § 49.04, a person commits driving while intoxicated (DWI) if they are intoxicated while operating a motor vehicle in a public place. "Intoxicated" means either losing the normal use of mental or physical faculties due to alcohol or drugs, or having a blood or breath alcohol concentration of 0.08 or more. A first-offense DWI in Texas is a Class B misdemeanor, punishable by up to 180 days in jail, a fine up to $2,000, and a possible driver’s license suspension. If the driver’s alcohol concentration is 0.15 or higher, the charge is elevated to a Class A misdemeanor with a higher fine ceiling and up to a year in jail.

Unlike Wisconsin’s first-offense forfeiture framework, a Texas DWI conviction creates a permanent criminal record that cannot simply be paid off like a ticket. That is why treating a Texas DWI as "just a traffic thing" is a serious mistake.

Refusing a Breath or Blood Test in Texas

The test-refusal angle is where Texas law gets especially important. By driving on Texas roads, every driver gives implied consent to a breath or blood test if lawfully arrested for DWI (Texas Transportation Code § 724.011). A driver can still refuse — but refusal triggers an Administrative License Revocation (ALR). For a first refusal, that is a driver’s license suspension of 180 days, and it is separate from anything that happens in the criminal case. A driver has just 15 days from notice to request an ALR hearing to contest the suspension; miss that window and the suspension takes effect automatically.

Refusal does not make the case disappear. Prosecutors can tell the jury about the refusal, and officers frequently obtain a search warrant for a blood draw — common on "no-refusal" weekends in DFW. So the real strategic questions become whether the stop was lawful, whether the warrant was valid, and whether the ALR deadline was protected.

Field Sobriety Tests and How They Are Challenged

A poor performance on standardized field sobriety tests (the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand) is often the centerpiece of a DWI arrest. But these tests are not infallible. A Texas defense lawyer will look at whether the officer administered and scored them according to the standardized protocol, whether medical conditions, fatigue, footwear, or the roadside environment affected the results, and whether the initial traffic stop was supported by reasonable suspicion in the first place. Under the Texas exclusionary rule (Code of Criminal Procedure Art. 38.23) — which is broader than its federal counterpart — evidence obtained through an unlawful stop or arrest can be suppressed.

Resolutions and Off-Ramps in a Texas DWI Case

A first-offense DWI in Texas is not automatically a conviction. Depending on the facts, the county, and the driver’s history, possible paths include a pretrial diversion program (increasingly available for first-time offenders in some DFW jurisdictions), a reduction to a lesser offense such as obstruction of a highway, or, since 2019, eligibility for DWI record sealing through an order of nondisclosure for qualifying first-time offenders who meet strict conditions. Early defense engagement matters, precisely because the ALR clock and the evidentiary record start running immediately.

Frequently Asked Questions

Is a first DWI a crime in Texas?

Yes. Unlike Wisconsin’s first-offense civil OWI, a first Texas DWI is a Class B misdemeanor — a criminal offense carrying up to 180 days in jail, a fine up to $2,000, and a possible license suspension.

Can I refuse the breath test in Texas?

You can, but under the implied-consent law it triggers an automatic 180-day Administrative License Revocation for a first refusal, and officers can seek a warrant for a blood draw. You have only 15 days to request a hearing to fight the suspension.

What is the difference between DWI and DUI in Texas?

In Texas, "DWI" applies to adults 21 and over under Penal Code § 49.04, while "DUI" typically refers to minors under the Alcoholic Beverage Code. Other states, like Wisconsin, use "OWI" for the same conduct Texas calls DWI.

Can a Texas DWI be kept off my record?

Possibly. Since 2019, qualifying first-time offenders who meet strict statutory conditions may petition for an order of nondisclosure to seal a DWI. Eligibility is fact-specific and should be reviewed with an attorney.

How L & L Law Group Can Help

A DWI arrest in Frisco or anywhere in the DFW area starts two clocks at once — the criminal case and the 15-day window to protect your driver’s license. At L & L Law Group, PLLC, we examine every stage: the legality of the stop, the administration of field sobriety tests, the validity of any breath or blood evidence or warrant, and the ALR deadline. Our goal is to protect your record, your license, and your future. If you or a loved one is facing a DWI charge in Collin, Denton, or Dallas County, call us at (972) 370-5060 for a confidential consultation.

By Reggie London and Njeri London. This article is legal commentary on a national news story and is provided for general informational purposes only; it is not legal advice and does not create an attorney-client relationship.