April 2, 2026
A DWI arrest in Houston can feel like the end of the world — but it doesn’t have to be. Texas has some of the toughest DWI laws in the country, but being charged is not the same as being convicted. With the right criminal defense attorney fighting for you, there are often multiple avenues to challenge the evidence, protect your license, and minimize or even eliminate the impact of a DWI on your life.
At The Napier Law Firm, DWI defense is one of the cornerstones of our practice. George Napier has defended hundreds of clients facing DWI charges in Harris County, Montgomery County, and Fort Bend County. Here’s what you need to know about Texas DWI law and how we fight back.
What Constitutes a DWI in Texas?
Under Texas Penal Code § 49.04, a person commits Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while intoxicated. Texas defines “intoxicated” in two ways:
- Per se intoxication: Having a blood alcohol concentration (BAC) of 0.08% or higher.
- Impairment intoxication: Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or any combination thereof
This second definition is critical — it means you can be charged with DWI in Texas even if your BAC is below 0.08% if an officer believes your faculties were impaired. It also means that prescription medications or even legal substances can form the basis of a DWI charge.
DWI Penalties in Texas
The consequences of a DWI conviction in Texas are serious and can be life-altering:
First Offense (Class B Misdemeanor):
- 72hours to 180 days in jail
- Fine up to $2,000 (plus surcharges up to $6,000 over three years)
- Driver’s license suspension of 90 days to 1 year
- Annual surcharge of $1,000-$2,000 for 3 years to retain driving privileges
Second Offense (Class A Misdemeanor):
- 30daysto1lyear in jail
- Fine up to $4,000
- Driver’s license suspension of 180 days to 2 years
Third Offense or More (Third-Degree Felony):
- 2 to 10 years in prison
- Fine up to $10,000
- Driver’s license suspension of 180 days to 2 years
Additional aggravating factors — such as having a child passenger, causing an accident resulting in serious injury, or having a BAC of 0.15% or higher — can significantly increase these penalties.
The 15-Day Rule: Protecting Your Driver’s License
Many people don’t realize that a DWI arrest triggers two separate legal processes: the criminal case and an administrative proceeding against your driver’s license. When you are arrested for DWI in Texas, you have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS).
If you fail to request this hearing in time, your license will be automatically suspended — even before your criminal case is resolved. An experienced DWI attorney will request this hearing immediately, buying you more time to keep your license and potentially uncovering valuable evidence for your criminal defense as well.
How We Fight DWI Charges
A DWI charge is not an automatic conviction. There are numerous ways an experienced criminal defense attorney can challenge the state’s evidence:
Challenging the Traffic Stop
Law enforcement must have reasonable suspicion that you were committing a traffic violation or crime before pulling you over. If the stop was unlawful, any evidence gathered afterward — including breathalyzer results and field sobriety tests — may be suppressed. George Napier regularly files motions to suppress illegally obtained evidence and has achieved dismissals as a result.
Challenging Field Sobriety Tests
The Standardized Field Sobriety Tests (SFSTs) — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test — are far from foolproof. These tests can be affected by nervousness, physical conditions, poor lighting, uneven pavement, improper instruction by the officer, and many other factors. We carefully review dashcam and bodycam footage to identify every flaw in how these tests were administered.
Challenging Breathalyzer Results
Breathalyzer machines must be properly calibrated, maintained, and operated by trained personnel. Results can be skewed by improper use, medical conditions (such as acid reflux or diabetes), certain foods, or even the presence of mouth alcohol. We scrutinize maintenance logs, calibration records, and the officer’s certification to operate the device.
Challenging Blood Test Results
If your DWI charge is based on a blood draw, the chain of custody, storage conditions, lab procedures, and analyst qualifications are all subject to challenge. Improperly handled blood samples can produce false results.
Rising Blood Alcohol Defense
Alcohol takes time to be absorbed into the bloodstream. If you had a drink shortly before driving, your BAC may have actually been below 0.08% while you were operating the vehicle, even if it registered above that threshold at the time of testing. This “rising BAC” defense can be powerful in the right circumstances.
DWI and Your Future
Beyond fines and potential jail time, a DWI conviction in Texas can affect your employment, professional licenses, immigration status, and auto insurance rates. For professionals — doctors, nurses, teachers, lawyers, commercial truck drivers —a DWI can threaten their very livelihood.
This is why fighting a DWI charge aggressively from the very beginning is so important. At The Napier Law Firm, we don’t just look for plea deals — we look for ways to get charges dismissed, evidence suppressed, and our clients’ lives protected.
If you’ve been arrested for DWI in Houston, Harris County, Montgomery County, ot Fort Bend County, call The Napier Law Firm today. Free consultations available 24/7.