TEXAS DWI DEFENSE
Texas DWI Charges & Penalties
The seriousness of a Texas DWI charge can depend on prior convictions, alcohol concentration, passengers, and other circumstances. Understanding the exact allegation is an important first step in evaluating risk, protecting your license, and preparing a defense.
Charge Types
Common DWI Charge Categories
First DWI in Texas
A first DWI is generally a Class B misdemeanor, with a minimum confinement term of 72 hours. If an open container was in the driver’s immediate possession, the minimum increases to six days
Second and Repeat DWI
A second DWI is generally a Class A misdemeanor. The statutory punishment range includes 30 days to 1 year in county jail. If probation is granted, Texas law generally requires at least 72 hours of continuous jail confinement as a condition of community supervision.
Felony DWI
A third DWI is generally a third-degree felony, punishable by 2 to 10 years in prison and a possible fine of up to $10,000. If community supervision is granted, Texas law requires at least 10 days in county jail as a condition of probation.
DWI With Alcohol Concentration of 0.15 or Higher
High BAC elevates a DWI to a Class A misdemeanor if a blood, breath, or urine specimen shows an alcohol concentration of 0.15 or more at the time the specimen is analyzed.
DWI With a Child Passenger
A DWI becomes a state jail felony when the vehicle is occupied by a passenger younger than 15. The punishment range is 180 days to 2 years in a state jail facility, making this significantly more serious than a standard misdemeanor DWI.
Why the Exact Charge Matters
Small differences in the formal allegation can affect exposure, strategy, deadlines, and what evidence becomes most important. Reviewing the exact charge is essential before making assumptions about the case.
Additional DWI Conviction Fine
A Texas DWI conviction can also trigger an additional state fine under Transportation Code §709.001. Depending on the circumstances, that fine may be $3,000, $4,500, or $6,000 in addition to the ordinary criminal fine. The court must waive this additional fine if it finds the defendant indigent.
Driver’s License Consequences
A DWI conviction can also affect a person’s Texas driver’s license. Depending on the offense and prior history, a conviction may result in a license suspension ranging from 90 days to 2 years. These consequences are separate from the Administrative License Revocation (ALR) process, which can arise from refusing or failing a breath or blood test after arrest.
Defense Approach
How a DWI Case Is Defended
DWI cases are defended by examining how the stop began, what officers observed, how testing was requested and performed, and whether the State can prove intoxication under Texas law.
Traffic stop review
Review whether the stop, detention, and arrest were supported by the facts and the law.
Field sobriety and evidence
Examine field sobriety testing, breath or blood evidence, warrants, testing procedures, and whether the State can reliably prove intoxication.
FAQ
Common Questions
This page is intended as a structured overview. Detailed legal wording and charge-specific answers can be reviewed and finalized separately.
Protect Your Future
If you are facing a DWI allegation in Texas, early legal guidance can help you understand the charge, protect your rights, and prepare your next steps.
Castanon Law Firm · 816 Camaron St. Suite 115, San Antonio, TX 78212