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DWI Defense FAQs

Is a first DWI in Texas a felony?

A first DWI in Texas is usually a misdemeanor. An ordinary, unenhanced offense is a Class B misdemeanor; a qualifying test result of 0.15 or more makes it Class A. A first offense can be a state jail felony if a passenger is younger than 15, or if the DWI occurs in a school crossing zone while the reduced speed limit applies. Intoxication causing serious bodily injury or death to another can support intoxication assault or manslaughter charges, with the felony grade depending on statutory enhancements. The law in effect on the offense date matters.

Can I refuse a breathalyzer in Texas?

You can decline an officer’s request for a breath or blood specimen after a DWI arrest, but refusal has separate consequences. Under Chapter 724, the ordinary license suspension is 180 days, or two years if your driving record shows a qualifying alcohol- or drug-related enforcement contact during the 10 years before the arrest. Notice and hearing rules apply; refusal does not mean an immediate, unchallengeable suspension. It also does not prevent a lawful blood draw: an officer may seek a warrant. Commercial-license disqualification is separate.

What is an ALR hearing and why is it important?

An Administrative License Revocation (ALR) hearing is a civil administrative proceeding about a proposed driver’s license suspension, separate from the criminal DWI case. The hearing-request deadline runs from the suspension notice, not necessarily the arrest. DPS describes 15 days after service of notice and, for a mailed notice following a consensual blood test, 20 days from mailing. Read the notice promptly: DPS must receive the request by the applicable deadline. A favorable ALR decision prevents the suspension at issue; it does not dismiss the criminal charge or guarantee driving eligibility if another suspension or commercial-license disqualification applies. See the Texas DPS ALR program.

How long does a DWI stay on my record in Texas?

A DWI conviction does not disappear after a set number of years. Expunction depends on a qualifying statutory route; a dismissal or acquittal is different from a final conviction that remains in place. Some people who complete eligible DWI sentences or deferred adjudication can seek nondisclosure, but eligibility, waiting periods and court findings depend on the route. Nondisclosure restricts public access; it does not destroy the record or block all authorized government access.

Can a Texas DWI be reduced to a lesser charge?

Yes. With strong defense and the right facts — borderline BAC, procedural issues with the stop, or weak field-sobriety evidence — prosecutors may agree to reduce a DWI to obstruction of a highway (Penal Code § 42.03) or reckless driving (Transportation Code § 545.401). These reductions do not automatically eliminate a separate ALR suspension or commercial-license disqualification. Texas repealed Driver Responsibility Program surcharges effective September 1, 2019; other fines and fees can still apply.

How much does a Texas DWI actually cost?

DWI costs vary with the charge, outcome and individual expenses. They may include criminal fines, an additional statutory DWI fine, court costs, insurance and required ignition-interlock expenses. For a final conviction covered by Transportation Code § 709.001, the additional state traffic fine is $3,000 for the first conviction within a 36-month period, $4,500 for a second or subsequent conviction within a 36-month period, or $6,000 for a first or subsequent conviction when trial evidence establishes a blood, breath or urine specimen analysis showing an alcohol concentration of 0.15 or more at the time of analysis. This fine is separate from the criminal fine for the offense. An SR-22 certifies liability coverage; it is not a fixed-price insurance policy. Texas ended Driver Responsibility Program surcharges and waived outstanding assessments effective September 1, 2019, but other obligations may remain. If the court finds a person indigent, Transportation Code § 709.001 requires waiver of the fines and costs imposed under that section.

A DWI arrest in Texas can change your life. You face possible jail time, steep fines, loss of your driver’s license, skyrocketing insurance costs, and a permanent criminal record. Even a first-time offense can leave long-lasting consequences.

At the Napier Law Firm, Attorneys George Napier and Monica Cooper Napier are committed to defending individuals accused of driving while intoxicated and drug-related driving offenses in Harris County and across Greater Houston. With deep knowledge of Texas DWI law and years of courtroom experience, our firm provides aggressive, personalized representation designed to protect your rights and your future.

Who handles DWI cases at the firm?

George A. Napier is the firm’s primary DWI attorney. Monica Cooper Napier also handles DWI cases, including felony DWI.

For local DWI defense information, see our pages for Conroe and Montgomery County, Houston and Harris County, and Richmond and Fort Bend County.

Texas DWI Laws Explained

Under Texas Penal Code § 49.04, DWI means operating a motor vehicle in a public place while intoxicated.

DWI, under-21 DUI, and commercial-license rules are different

Texas DWI law defines intoxication in two ways: an alcohol concentration of 0.08 or more, or loss of the normal use of mental or physical faculties because of alcohol, drugs, or another substance. A result below 0.08 does not rule out a DWI charge. See Penal Code §§ 49.01–49.04.

For drivers under 21, Alcoholic Beverage Code § 106.041 separately prohibits operating a motor vehicle in a public place with any detectable alcohol. That under-21 offense is not the same as DWI.

Commercial-license disqualification rules are separate as well. The 0.04 threshold applies when operating a commercial motor vehicle; it is not a different Penal Code DWI definition for everyone who holds a CDL. See the DPS explanation of ALR and commercial disqualification.

Penalties for DWI in Texas

DWI penalties increase sharply with each conviction or if aggravating factors are present (child passengers, open containers, or crashes with injuries).

These are general penalty categories, not a prediction of the sentence or license consequences in a particular case. A first offense is not always a Class B misdemeanor. An alcohol concentration of 0.15 or more can make it a Class A misdemeanor. DWI in a school crossing zone while the reduced speed limit applies is a state jail felony under § 49.04(e), effective September 1, 2025. DWI with a passenger younger than 15 is a separate state jail felony under § 49.045. See Texas Penal Code Chapter 49.

First Offense — Usual Class B Range, Unless an Exception Applies

Up to $2,000 fine, 72 hours to 180 days in jail, and 90 days to 1 year license suspension.

Second Offense (Class A Misdemeanor)

Up to $4,000 fine, 30 days to 1 year in jail, and up to 2 years license suspension.

Third Offense (Third-Degree Felony)

Up to $10,000 fine, 2 to 10 years in prison, and up to 2 years license suspension.

Additional Consequences

• Ignition Interlock Devices – Mandatory for repeat or high-BAC offenders.

• Alcohol Education Programs – Court-ordered DWI education or intervention classes.

• Community Service & Probation – Often imposed alongside jail or fines.

• Bentley’s Law (2023) – Requires DWI offenders who kill a parent in a crash to pay child support.

• SR-22 Insurance – High-risk insurance required for license reinstatement.

• Occupational Licenses – Many drivers must request restricted licenses to keep working during suspension.

Collateral Consequences of a DWI Conviction

Beyond fines and jail, a DWI conviction can impact your life in other significant ways:

• Employment opportunities, especially jobs requiring driving.

• Immigration status for non-citizens.

• Professional licenses (nurses, teachers, commercial drivers).

• Child custody or family law cases.

• Auto insurance premiums for years after conviction.

DWI Defense Strategies in Texas

At The Napier Law Firm, we analyze every detail of your case, from the legality of the stop to the reliability of the evidence. Common defenses include:

• Illegal Traffic Stop – Police must have reasonable suspicion or probable cause.

• Improper Field Sobriety Tests – Errors due to health issues, poor conditions, or officer mistakes.

• Breathalyzer & Blood Test Errors – A breath or blood result is only as reliable as the process behind it. We review whether the machine was properly calibrated and maintained, whether blood samples were collected, stored, and handled correctly, and whether the analyst and lab followed required procedures. To see how these problems can come up, read our guides on Texas DWI blood test errors and DPS lab analyst problems in DWI cases.

• Rising BAC Defense – BAC may have been under the limit while driving but rose later.

• Medical Conditions – GERD, diabetes, or keto diets can cause false positives.

• Violation of Rights – Evidence can be thrown out if constitutional rights were violated.

• Officer Credibility – Exposing inconsistencies in testimony.

An Administrative License Revocation (ALR) proceeding concerns your driver’s license and is separate from the criminal DWI case. The hearing-request deadline depends on how and when the suspension notice is given—not simply the arrest date. DPS describes a 15-day deadline after service of notice and, for the mailed notice following a consensual blood test, 20 days from mailing. Read the notice promptly and see the Texas DPS ALR program.

Ask whether your representation will include the ALR hearing, any occupational-license proceeding, and the criminal case.

A road sign in Texas with the text: "DWI You Can't Afford It"

Why Hire The Napier Law Firm?

When your freedom and license are on the line, you need more than just any lawyer—you need an experienced advocate who knows Harris County, Montgomery County, Fort Bend County, and the greater Houston area courts.

• Local Court Experience – Familiarity with DWI courts and prosecutors.

• Personalized Defense – Strategies tailored to your case.

• Aggressive Advocacy – Challenging weak evidence and unfair procedures.

• Full-Scope Criminal Defense – We also handle drug crimes (https://www.thenapierlawfirm.com/drug-crimes), assault defense (https://www.thenapierlawfirm.com/assault-defense), and expunctions (https://www.thenapierlawfirm.com/expunctions).

• Proven Results – Case dismissals, reduced charges, and favorable outcomes.

Contact a Texas DWI Lawyer Today

If you’ve been arrested for DWI in Texas, Harris County, Montgomery County, Fort Bend County, Galveston County, or anywhere in the greater Houston area, don’t wait.

📞 Call The Napier Law Firm today for a free consultation. We’ll review your case, explain your options, and start building your defense immediately.

Your license, your freedom, and your future are at stake—put an experienced Texas DWI lawyer on your side.

DWI Lawyer in Texas