Is a first DWI in Texas a felony?

A first DWI in Texas is typically a Class B misdemeanor, punishable by 72 hours to 180 days in jail and fines up to $2,000. It becomes a felony if there was a child passenger under 15 (state jail felony), if serious bodily injury occurred (intoxication assault, third-degree felony), or if someone died (intoxication manslaughter, second-degree felony).

Can I refuse a breathalyzer in Texas?

Yes, but under Texas's implied consent law (Transportation Code § 724.011), refusal triggers an automatic 180-day driver's license suspension for a first refusal — and two years for any subsequent refusal. Officers can still obtain a blood-draw warrant, especially on "no refusal" weekends, so refusing does not automatically prevent BAC evidence.

What is an ALR hearing and why is it important?

The Administrative License Revocation (ALR) hearing is a separate civil proceeding that decides whether your driver's license is suspended after a DWI arrest. You have only 15 days from arrest to request the hearing, or your license is automatically suspended. Winning the ALR preserves your driving privileges while the criminal case is pending.

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

A DWI conviction stays on your criminal record permanently in Texas. It cannot be expunged unless the charge was dismissed or you were acquitted. Qualifying first-time offenders may seal the record through an Order of Nondisclosure under the Texas "Second Chance" law (HB 3016), which became effective September 1, 2017.

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 avoid the mandatory license suspension and surcharges that a DWI carries.

How much does a Texas DWI actually cost?

Beyond the statutory fine (up to $2,000 for a first offense), expect to pay $3,000+ in administrative and court fees, $1,000–$2,000 per year for SR-22 insurance, ignition interlock device costs, and possibly outstanding Driver Responsibility Surcharges from prior offenses. Total out-of-pocket cost typically reaches $10,000+ over three years.

Texas DWI Lawyer | The Napier Law Firm

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.

Texas DWI Laws Explained

Under Texas Penal Code §49.04 (see: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm), a person commits DWI if they are intoxicated while operating a motor vehicle in a public place.

Legal Limits

• Adult drivers (21+) – BAC of 0.08% or higher.

• Commercial drivers – BAC of 0.04% or higher.

• Drivers under 21 – Any detectable alcohol is illegal (zero-tolerance).

Texas also defines intoxication as lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances.

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).

First Offense (Class B Misdemeanor)

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 – Machines must be calibrated; blood samples must be handled correctly.

• 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.

We also represent clients at Administrative License Revocation (ALR) hearings, where you can fight to keep your driver’s license (see Texas DPS ALR info: https://www.dps.texas.gov/section/driver-license/alr-program).

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.

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DWI Lawyer in Texas