Navigating a Driving While Intoxicated (DWI) charge in Texas can be a stressful and confusing experience. Understanding the law is the first step toward building a strong defense. This page answers some of the most common questions about DWI in Texas to help you understand your situation and your options.
What does "Driving While Intoxicated DWI" mean in Texas?
In Texas, you can be charged with a DWI if you are operating a motor vehicle in a public place while legally intoxicated. The law defines intoxication in two ways:
- Not having the normal use of your mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, or any other substance into the body.
- For those age 21 or over having a blood alcohol concentration (BAC) of 0.08% or higher. (For drivers under the age of 21, it is against the law to operate a vehicle with any detectable amount of alcohol present in the body.)
It's important to note that you can be charged with a DWI even if your BAC is below 0.08% if law enforcement believes your abilities are impaired.
What are the legal BAC limits in Texas?
The legal blood alcohol concentration (BAC) limit depends on your age and the type of license you hold:
- For most adult drivers (21 and over): The legal limit is 0.08% BAC.
- For commercial drivers (with a CDL): The legal limit is 0.04% BAC, whether they are in their commercial or personal vehicle
- For drivers under 21: Texas has a "zero tolerance" policy. Any detectable amount of alcohol in their system can lead to a Driving Under the Influence (DUI) charge, which is a Class C misdemeanor.
Can I refuse a breathalyzer or blood test?
Yes, you have the right to refuse a breath or blood test in Texas. However, refusal comes with automatic civil penalties under the state's "implied consent" law. If you refuse, the Texas Department of Public Safety (DPS) will automatically suspend your driver's license.
First Refusal: 180-day license suspension.
Second or Subsequent Refusal: 2-year license suspension.
This suspension is separate from any criminal penalties you may face if convicted of the DWI itself. You only have 15 days from the date of your arrest to request a hearing to challenge this automatic suspension.
What are the penalties for a DWI conviction in Texas?
The penalties for a DWI conviction in Texas are severe and increase with each subsequent offense.
First DWI Offense (Class B Misdemeanor):
- Fines up to $2,000.
- Jail time from 72 hours to 180 days.
- Driver's license suspension for up to one year.
- Annual surcharges to keep your license for three years.
Second DWI Offense (Class A Misdemeanor):
- Fines up to $4,000.
- Jail time from 30 days to one year.
- Driver's license suspension for up to two years.
Third DWI Offense (Third-Degree Felony):
- Fines up to $10,000.
- Prison time from two to ten years.
- Driver's license suspension for up to two years.
Additional penalties can include mandatory installation of an ignition interlock device, community service, and DWI education programs.
Why do I need a DWI lawyer?
Facing a DWI charge without an experienced attorney puts you at a significant disadvantage. The prosecution has extensive resources, and the laws are complex. A skilled DWI lawyer can make a critical difference in the outcome of your case.
An experienced lawyer will:
- Thoroughly investigate every detail of your arrest.
- Challenge the legality of the traffic stop.
- Scrutinize the administration and results of field sobriety and chemical tests.
- Negotiate with the prosecutor for reduced charges or dismissal.
- Represent you in the administrative license suspension hearing.
- Defend you in court if your case goes to trial.
Jacob Blizzard is a Board Certified criminal law specialist with a deep understanding of Texas DWI law. He knows how to challenge the evidence and build a strategic defense aimed at protecting your freedom, your license, and your future.
Get Help from an Experienced DWI Attorney
A DWI arrest does not have to result in a conviction. You have rights, and you have options. Jacob Blizzard is committed to providing an aggressive and effective defense for clients facing DWI charges.
Don't wait to protect your rights. Contact our office today for a case consultation.
