Charged with a DWI in Texas? Your Defense Starts Here

Understanding Texas DWI Charges

A Driving While Intoxicated (DWI) charge in Texas is a serious offense with potentially life-altering consequences. If you have been arrested for a DWI, understanding your legal rights and defense options is crucial. In this article, we’ll walk you through what happens after a DWI arrest, possible defense strategies, and how to protect your future.

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What Happens After a DWI Arrest in Texas?

1. The Arrest and Chemical Testing

When law enforcement suspects a driver of intoxication, they may conduct field sobriety tests and request a breathalyzer or blood test. Texas has implied consent laws (Tex. Transp. Code § 724.011), meaning that by driving on Texas roads, you agree to chemical testing if lawfully arrested for a DWI.

• Refusing a test: If you refuse, your driver’s license can be suspended for 180 days to 2 years under the Administrative License Revocation (ALR) program. However, refusal may also limit the evidence against you in court.

• Failing a test: A BAC (blood alcohol concentration) of 0.08% or higher results in an automatic DWI charge. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable alcohol can lead to a DUIA (Driving Under the Influence by a Minor) charge.

2. Booking and Initial Court Appearance

After arrest, you will be processed and given a court date for your arraignment, where the charges against you will be formally presented. You may be offered bail or required to stay in custody.

3. License Suspension and ALR Hearing

A DWI arrest triggers an automatic driver’s license suspension, separate from criminal penalties. You have 15 days from the date of arrest to request an ALR hearing to challenge the suspension. If you miss this deadline, your license will be suspended 40 days after your arrest.

Potential DWI Penalties in Texas

The severity of penalties depends on prior convictions, BAC level, and whether there were aggravating factors such as an accident or a minor in the vehicle.

Offense	Jail Time	Fines	License Suspension	Other Penalties
1st Offense	3 – 180 days	Up to $2,000	90 days – 1 year	Possible ignition interlock device (IID)
2nd Offense	30 days – 1 year	Up to $4,000	180 days – 2 years	IID required
3rd Offense	2 – 10 years	Up to $10,000	2 years	Felony conviction
DWI with Child Passenger	Up to 2 years	Up to $10,000	180 days	Felony charge

(Reference: Texas Penal Code § 49.04)

Common DWI Defense Strategies

1. Challenging the Traffic Stop

The Fourth Amendment protects against unlawful searches and seizures. If the officer lacked probable cause for pulling you over, your attorney may be able to have the charges dismissed.

2. Questioning the Field Sobriety Tests

Field sobriety tests (e.g., walk-and-turn, one-leg stand) are subjective and can be influenced by factors such as medical conditions, uneven road surfaces, or poor lighting. If the officer misinterpreted your performance, the results may not be valid.

3. Contesting Breath and Blood Test Accuracy

Breathalyzers and blood tests are not foolproof. Possible errors include:

• Improper calibration or maintenance of breathalyzer machines

• Contaminated or mishandled blood samples

• Rising BAC defense (your BAC was below the legal limit while driving but increased by the time you were tested)

4. Violations of Your Legal Rights

If your Miranda rights were not read during the arrest, or you were denied access to an attorney, evidence may be suppressed.

5. Alternative Sentencing Options

If a dismissal isn’t possible, your attorney may negotiate for probation, DWI education courses, or pretrial diversion programs, especially for first-time offenders.

What to Do If You’re Charged with a DWI

1. Contact a Texas DWI Attorney Immediately

A skilled DWI attorney can review evidence, identify weaknesses in the prosecution’s case, and build a strong defense. Time is crucial—especially if you want to fight a license suspension.

2. Request an ALR Hearing

Remember, you have 15 days to challenge your license suspension. Failing to act will result in an automatic suspension.

3. Gather Evidence

Your attorney may request:

• Bodycam footage from the arresting officer

• Breathalyzer maintenance records

• Witness statements

• Medical records (if a health condition may have impacted test results)

4. Follow Court Requirements

Failure to appear in court or comply with bail conditions can lead to additional charges and penalties.

Final Thoughts: A DWI Charge Doesn’t Have to Define Your Future

A DWI charge in Texas is serious, but it is not the end of the road. With the right legal defense, many cases are dismissed, reduced, or won in court. If you or a loved one is facing a DWI charge, consult an experienced attorney immediately to protect your rights and explore all possible defenses.

For more information on Texas DWI laws and defense strategies, visit:

• Texas Department of Public Safety – ALR Program

• Texas Penal Code – DWI Laws

If you need immediate legal assistance, contact our office at 713-714-7330 or email us at ruben@restrepodwilawyer.com for a free consultation.