Driving While Intoxicated (DWI) is one of the most common — and most serious — criminal charges in Texas. A conviction can have lasting consequences on your freedom, finances, and future. At ME Law, PLLC, we help individuals facing DWI charges understand their rights, explore their options, and fight for the best possible outcome.
Here’s what every Texas driver needs to know about DWIs.
What Is a DWI in Texas?
Under Texas Penal Code § 49.04, a person commits a DWI when they operate a motor vehicle in a public place while intoxicated. Intoxication is defined as:
- Having a blood alcohol concentration (BAC) of 0.08% or higher, or
- Not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.
It’s important to note that you can still be charged even if your BAC is below 0.08%, if the officer believes your abilities were impaired.
First-Time DWI: What to Expect
A first-time DWI in Texas is usually charged as a Class B misdemeanor, which carries:
- Up to 180 days in jail
- A fine of up to $2,000
- A driver’s license suspension of up to 1 year
- Annual surcharges to maintain your license (though some have been replaced by civil fees)
If your BAC was 0.15 or higher, the charge can be enhanced to a Class A misdemeanor, which carries steeper penalties, including up to a year in jail.
DWI Enhancements and Aggravating Factors
DWIs can quickly escalate based on several factors, including:
- Second DWI offense: Class A misdemeanor
- Third DWI offense: Third-degree felony (2–10 years in prison)
- DWI with a child passenger (under 15): State jail felony
- DWI causing injury or death: Can lead to intoxication assault or intoxication manslaughter charges, both felonies with significant prison time
Administrative License Revocation (ALR)
Separate from the criminal case, the ALR process is a civil procedure that can result in your driver’s license being suspended:
- If you refuse a breath or blood test, you face a 180-day suspension
- If you fail the test (BAC of 0.08 or more), you face a 90-day suspension
You only have 15 days from the date of arrest to request a hearing to challenge the suspension. We can represent you at that hearing and fight to keep your driving privileges intact.
Possible Defenses to a Texas DWI Charge
A DWI charge is not a conviction. There are many possible defenses, including:
- Lack of probable cause for the stop
- Improper administration of field sobriety tests
- Inaccurate breath or blood test results
- Medical conditions that mimic signs of intoxication
- Unlawful search or seizure
An experienced attorney will analyze every detail of your case to determine the strongest defense strategy.
Should You Plead Guilty to a DWI?
Not without legal advice. Even a first offense can carry long-term consequences, including:
- A criminal record
- Increased insurance premiums
- Employment and licensing issues
- Immigration consequences for non-citizens
We help clients assess their options, negotiate for reduced charges, or fight for dismissals or not guilty verdicts when the evidence supports it.
How ME Law, PLLC Can Help
At ME Law, PLLC, we provide aggressive and strategic defense for clients charged with DWI in Travis County and throughout Central Texas. We handle everything from reviewing police reports and challenging evidence to representing you in court and at your ALR hearing.
We know what’s at stake — and we’ll fight to protect your license, your record, and your future.
Charged with a DWI in Texas? Don’t face it alone.
Contact ME Law, PLLC today to schedule a confidential consultation and get the experienced legal defense you deserve.
