DWI Defense
Texas DWI defense — penalty ranges, BAC challenges, ALR hearings, ignition interlock, multi-offense enhancement, and breath/blood-test strategy.
Topic Overview
Texas DWI defense covers everything from a first-offense misdemeanor stop to felony intoxication-manslaughter trials. The Penal Code §49 cluster is one of the most-charged sections in Collin and Dallas counties — and one of the most defensible if you understand how the State has to prove operation, public place, and intoxication beyond a reasonable doubt. Reggie London and Njeri London, both Co-Founding Partners of L and L Law Group, have litigated breath-test calibration, ALR license-suspension hearings, ignition-interlock compliance disputes, and multi-offense enhancement cases across North Texas. The posts below cover the full lifecycle: the traffic stop, blood/breath challenges, the 15-day ALR clock, court-set bond conditions, ignition-interlock device (IID) requirements, occupational driver's license (ODL) petitions, deferred-adjudication eligibility for first-time DWI, and the long-tail collateral consequences (CDL impact, professional licensing, insurance, immigration). Start with the penalty-range overview if you are facing a charge tonight; jump to the BAC and field-sobriety articles if you are deciding whether to fight or plead.
Related Tools, Guides & References
Compendium Pillar
Texas Punishment Ranges Master Guide — the in-depth reference on this topic with statute citations, decision trees, and case-law analysis.
Interactive Calculators
Run the numbers: Texas DWI Penalty Calculator, BAC Estimator, Occupational Driver's License Eligibility.
Legal Glossary
Defined terms: ALR hearing, Blood Alcohol Concentration (BAC), Deferred adjudication.
Practice Area
If you are facing a charge, see DWI Defense — Practice Area Overview for representation details.
Key Defined Terms
- ALR Hearing
- Administrative License Revocation hearing — a civil proceeding before the State Office of Administrative Hearings to contest a Texas DPS driver's-license suspension following a DWI arrest. Must be requested within 15 days of arrest.
- Intoxication Manslaughter
- A 2nd-degree felony under Tex. Penal Code §49.08, committed when a person operates a motor vehicle while intoxicated and by accident or mistake causes the death of another.
- Occupational Driver's License
- A restricted Texas driver's license issued by a county court at law allowing limited driving for work, school, or essential household duties during a license suspension. Petitioned under Tex. Transp. Code §521.241.
Frequently Asked Questions
Is a first-offense DWI a felony in Texas?
No. A first-offense DWI with no aggravators (no child passenger, no accident, BAC under 0.15) is a Class B misdemeanor under Tex. Penal Code §49.04. It becomes a felony only if a child under 15 was in the vehicle (state-jail felony, §49.045), if someone was seriously injured (intoxication assault, 3rd-degree felony, §49.07), or if someone died (intoxication manslaughter, 2nd-degree felony, §49.08).
How long do I have to request an ALR hearing after a Texas DWI arrest?
Fifteen days from the date of arrest. If you do not request the Administrative License Revocation hearing within 15 days, your driver's license is automatically suspended on the 41st day. The deadline is jurisdictional — Texas DPS will not grant late extensions absent extraordinary circumstances.
Can a Texas DWI be expunged?
Only if the case was dismissed, the grand jury no-billed, or you were acquitted at trial. A DWI conviction or deferred-adjudication outcome cannot be expunged. As of HB 3016 (effective 2017), a first-offense DWI may be eligible for non-disclosure (sealing from public view) after a 2-5 year waiting period if the BAC was under 0.15 and the defendant completed all probation terms.
Will I lose my CDL if I get a DWI in a personal vehicle?
Yes. Federal Motor Carrier Safety Administration (FMCSA) rules at 49 C.F.R. §383.51 trigger a 1-year CDL disqualification for a first DWI even if the arrest was in your personal car. A second DWI is a lifetime CDL disqualification. Texas DPS does not have discretion to waive this — it is federally mandated.
How much does it cost to fight a DWI in Frisco or Plano?
Defense costs vary by complexity. A straightforward first-offense plea typically runs $2,500-$5,000 in attorney fees plus court costs; a contested trial with breath-test expert challenge can reach $10,000-$25,000. The State's exposure (fines up to $2,000, jail up to 180 days, IID, probation fees, license-reinstatement fees, increased insurance) typically dwarfs defense costs over the 3-5 year recovery period.
Texas DWI Penal Code §49.04 — Prosecution Elements
Texas Penal Code § 49.04 DWI prosecution elements: operation, public place, intoxicated. State must prove each beyond reasonable doubt.
Is a DWI a Felony in Texas?
Texas DWI: first and second misdemeanors; third DWI is third-degree felony (2-10 years). DWI with child passenger and intoxication assault/manslaughter also felonies.
First Offense DWI Texas Penalties
Texas first offense DWI: Class B misdemeanor, 72 hours-180 days jail, $2,000 fine, license suspension. Defense options and reduced charges.
DWI in Texas — Charges, Penalties, and Defense Reference
Texas DWI comprehensive reference: charges, penalties, defenses, ALR, license issues. Penal Code § 49.04 framework explained.
Texas DWI Laws 2026 Complete Reference
Complete Texas DWI laws 2026: Penal Code § 49.04, penalties first/second/third offense, intoxication assault/manslaughter, ALR process.
How to Sober Up Fast — Texas DWI Avoidance Reality
The reality of "sobering up fast" — what works, what doesn't, and Texas DWI risk.
Alcohol Detox at Home — Texas DWI Probation Risks and Medical Options
Alcohol detox at home risks, Texas DWI probation considerations, and medical options for safe withdrawal.
Sleep Hygiene — Texas DWI Repeat Offender Prevention Strategies
Sleep hygiene practices for Texas DWI prevention — sleep quality, alcohol reduction, driving safety.
Can You Go to Jail for a DUI in Texas?
Yes — Texas DWI carries jail. First DWI: 72 hours mandatory minimum. Second: 30 days. Third: 2-10 years felony. DUI vs. DWI explained.
How Long Does a DUI Stay on Your Record in Texas?
A Texas DWI conviction stays on your criminal record permanently unless expunged. Driving record: 35 years. Insurance: 3-10 years.
Methocarbamol Side Effects — Texas DWI Implications for Muscle Relaxant Users
Methocarbamol (Robaxin) side effects and Texas DWI exposure for prescribed and unprescribed muscle relaxant users.
Wernicke-Korsakoff Syndrome (Wet Brain) and Texas DWI Cases
Wernicke-Korsakoff syndrome ("wet brain") — alcohol-induced brain damage and its implications for Texas DWI defense.
The First Year After You Stop Drinking — Texas DWI Probation Survival Guide
The first year of alcohol cessation during Texas DWI probation — what to expect medically, emotionally, and legally.
Quitting Alcohol Timeline and Texas DWI Probation Compliance
Alcohol cessation timeline — what to expect medically and during Texas DWI probation alcohol monitoring.
DWI Education Programs in Texas — Required Classes Explained
Texas DWI education and intervention programs — required courses for DWI conviction, occupational license, and probation.
Intoxication Assault in Texas — 3rd Degree Felony Charges Explained
Intoxication assault in Texas is a 3rd-degree felony under Penal Code §49.07. Causes serious bodily injury while DWI. 2 to 10 years TDCJ. Causation contested.
Intoxication Manslaughter in Texas — 2nd Degree Felony Charges
Intoxication manslaughter in Texas is a 2nd-degree felony under Penal Code §49.08. 2 to 20 years TDCJ. Causation is the most contested element. Defense strategies.
DWI With Child Passenger in Texas — State Jail Felony Charges
DWI with child passenger under 15 in Texas is a state jail felony under Penal Code §49.045. 180 days to 2 years state jail. CPS investigation likely.
First Time DWI in Texas — What to Expect Step by Step
First-time Texas DWI process step by step: arrest, booking, magistration, bond, ALR hearing, first court setting, plea or trial. Timeline 6-12 months.
New Texas DWI Laws — Complete 2026 Update
Recent changes to Texas DWI law: deferred adjudication for first DWI (HB 3582), Driver Responsibility Program repeal (HB 2048), interlock expansion, and 2023 fentanyl provisions.