What Is a DWI in Texas?

Under Texas Penal Code § 49.04, a person commits the offense of Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while intoxicated. The law defines "intoxicated" in two distinct ways. First, a person is considered intoxicated if they do not have the normal use of their mental or physical faculties due to the consumption of alcohol, drugs, or a combination of both. Second, intoxication can be established by a blood alcohol concentration (BAC) of 0.08% or higher at the time of driving. Either definition can be used by prosecutors to pursue a DWI charge under Texas law.

DWI Penalties in Texas

Driving While Intoxicated (DWI) offenses in Texas carry increasingly severe penalties with each subsequent conviction. A first DWI offense is classified as a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension ranging from 90 days to one year. A second offense, a Class A misdemeanor, can lead to up to one year in jail, a $4,000 fine, and a license suspension of 180 days to two years. A third DWI is treated as a third-degree felony, which can result in 2 to 10 years in prison, a fine of up to $10,000, and a license suspension of up to two years. Additional penalties can apply if there are aggravating factors such as a blood alcohol concentration (BAC) of 0.15 or higher, a child passenger in the vehicle, or an accident that causes injury or death.

How Texas Prosecutors Prove a DWI Case

To secure a DWI conviction, Texas prosecutors typically rely on several forms of evidence. The process begins with the traffic stop, which must be based on reasonable suspicion, such as weaving, speeding, or equipment violations. Next, field sobriety tests (FSTs) like the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) are administered—though these are often subjective and prone to error. Chemical testing through breathalyzers or blood draws follows, but the results must meet strict legal standards for accuracy and handling. Finally, police observations, including claims of slurred speech, bloodshot eyes, or unsteady behavior, are used to support the case, often supplemented by dashcam or bodycam footage.

DWI Defense Strategies That Work

There are several effective strategies for defending against a DWI charge in Texas. One of the first lines of defense is challenging the legality of the traffic stop—if it was unjustified, a motion to suppress could exclude critical evidence. Field sobriety tests are also closely examined to determine whether they were properly administered and whether any physical or medical conditions may have skewed the results. Breath or blood test results can be disputed due to issues like improper calibration, chain-of-custody errors, or the "rising BAC" defense, which argues that the BAC was below the legal limit while driving but increased before testing. In many cases, a skilled defense can lead to dismissal, reduced charges, or alternatives like deferred adjudication or pretrial diversion.