Arrested for a DWI in Texas?
What You Need to Know About DWIs in Texas
Driving While Intoxicated (DWI) is a serious charge in Texas with consequences that can impact your life long after the arrest. From fines and license suspensions to jail time and a criminal record, the stakes are high. At The Wade Law Group, we believe in making sure people understand their rights, the penalties they’re facing, and how to fight back when charged with a DWI.
What Counts as a DWI in Texas?
Under Texas law, a person is considered legally intoxicated when they:
Have a blood alcohol concentration (BAC) of 0.08% or higher, or
Lack the normal use of mental or physical faculties due to alcohol or drugs—even if their BAC is below the legal limit.
You can be charged with a DWI even if you weren’t driving erratically or didn’t cause an accident. In fact, you can be arrested based on the officer’s observations alone.
DWI Penalties in Texas
The penalties for a DWI in Texas depend on a variety of factors, including prior offenses, whether there was an accident or injury, and if there was a minor in the car.
First Offense (Class A or B Misdemeanor):
Up to $2,000 in fines
3 to 180 days in jail
Driver’s license suspension up to 1 year
DWI education program
Possible ignition interlock device
Second Offense (Class A Misdemeanor):
Up to $4,000 in fines
30 days to 1 year in jail
License suspension up to 2 years
Ignition interlock device required
Third Offense (Third-Degree Felony):
Up to $10,000 in fines
2 to 10 years in prison
License suspension up to 2 years
Additional penalties may apply if there was a child passenger, an accident resulting in injury, or a high BAC (0.15% or higher).
Administrative License Revocation (ALR) Hearing
Separate from the criminal case, the Texas Department of Public Safety will try to automatically suspend your license after a DWI arrest. This is known as the Administrative License Revocation (ALR) process, and you have only 15 days from the date of your arrest to request a hearing.
The ALR hearing is your chance to challenge the suspension of your license—and it’s also a valuable opportunity for your lawyer to question the arresting officer and gather key evidence for your defense.
How to Contest a DWI Charge
Challenging a DWI charge involves a detailed investigation into every aspect of your stop, arrest, and testing process. Common defense strategies include:
Challenging the traffic stop: Was there probable cause?
Contesting the field sobriety or breath tests: Were they administered correctly? Were the devices properly calibrated?
Scrutinizing Field Sobriety Tests: Were they properly administered?
Challenging the Allegation of Intoxication: Can the State prove intoxication beyond a reasonable doubt?
Why Hiring the Right Lawyer Matters
DWI cases are complex. They involve criminal law, administrative procedures, and technical evidence. A conviction can affect your license, job, finances, and future. Having a skilled attorney by your side ensures:
Your rights are protected at every step
You have someone who understands the legal system and local courts
You have an advocate who can fight for the best possible outcome—whether that’s dismissal, reduction, or acquittal
At The Wade Law Group, we’re committed to helping clients navigate their DWI charges with confidence and clarity. A DWI doesn’t have to define your future—but how you respond to it absolutely will.
