May 13, 2025
Texas Senate Bill 2320 (SB 2320) is a proposed law that would dramatically increase penalties for Driving While Intoxicated (DWI) offenses. As a Houston criminal defense firm serving Harris and surrounding counties, The Napier Law Firm strongly opposes this bill. SB 2320’s harsh measures threaten to punish first-time offenders excessively, undermining the spirit of second chances and rehabilitation that our criminal justice system should provide. In this post, we break down what SB 2320 says, why it’s harmful – especially for first-timers – and how it could roll back progress in criminal justice reform in Houston and across Texas.
What Texas SB 2320 Would Do
SB 2320 targets DWI offenses with a “tough on crime” approach. The bill amends the Texas Penal Code to impose significantly harsher classifications and sentences for DWI, even for those with no prior convictions. Key provisions in the text of SB 2320 include:
- First-Time DWI Offense: Upgraded from a Class B misdemeanor to a Class A misdemeanor. Under current law, a first DWI is usually a Class B (punishable by up to 180 days in jail and a $2,000 fine). SB 2320 would make a first DWI a Class A misdemeanor with a mandatory minimum 72 hours in jail, doubling the maximum jail time to one year. In the bill’s own words, it “increases the penalty for first-time DWI offenders from a Class B misdemeanor to a Class A misdemeanor”.
- DWI with an Open Container: Also upgraded to a Class A misdemeanor (currently this is a Class B with a minimum 6 days in jail). SB 2320 would make any DWI with an open alcohol container a Class A misdemeanor with at least six days in jail.
- High Blood Alcohol Concentration (BAC): Elevates a DWI with a BAC of 0.15 or more to a state jail felony (currently this is a Class A misdemeanor). In other words, if a first-time offender’s BAC is nearly double the legal limit, SB 2320 would turn that first DWI into a felony. The bill text explicitly states that if an analysis shows 0.15% BAC or higher, “the offense is a state jail felony, rather than a Class A misdemeanor.” This means a person with no prior record could instantly face a felony conviction for a single mistake.
- Repeat DWI Offenders: Lowers the threshold for felony charges. Under current law, a second DWI (one prior conviction) is a Class A misdemeanor and a third DWI is a felony. SB 2320 would make a second DWI offense a state jail felony. The bill amends Section 49.09 of the Penal Code so that if someone has one prior DWI-related conviction (including boating or flying while intoxicated), any new DWI under Section 49.04 is charged as a state jail felony. This represents a huge escalation – what used to be a misdemeanor on a second offense would become a felony carrying up to 2 years in state jail.
SB 2320 is currently moving through the Texas Legislature. It has already passed the State Senate (with a 28-2 vote) and is pending in the House. If enacted, the law would take effect on September 1, 2025, and apply to offenses on or after that date. Lawmakers backing the bill claim it will deter drunk driving and improve public safety by imposing severe consequences. However, as Houston defense attorneys, we see major red flags in this legislation – especially for first-time offenders who deserve a chance to reform, not a one-way ticket to a lifetime criminal record.
Why SB 2320 is Harmful to First-Time Offenders
First-time offenders are often everyday people who made a single mistake. Many have never been in trouble with the law before. Instead of recognizing this and encouraging rehabilitation, SB 2320 would subject them to the full force of punitive sanctions. Here’s why that’s a problem:
- Disproportionate Punishment: By turning a first-offense DWI into a Class A misdemeanor (and a high-BAC first DWI into a felony), the punishment can far outweigh the crime. A Class A misdemeanor in Texas carries up to 1 year in jail and $4,000 fine, and a state jail felony carries 6 months to 2 years in a state jail facility. These are severe penalties for someone who may have no prior incidents. Critics of SB 2320 have rightly questioned the fairness of increasing penalties for DWI offenses, especially for first-time offenders, warning that it could lead to “disproportionate consequences.” For example, a young professional arrested for a first-time DWI in Houston could end up with a felony conviction under this bill – a life-altering outcome that affects employment, housing, and civil rights (like the right to vote or own a firearm in Texas).
- Eliminating Second Chances: Texas law historically treated first DWIs as lower-level offenses for a reason – to give people a second chance. In recent years, there has even been a trend toward diversion programs and deferred adjudication for first-time offenders. Harris County and other counties have experimented with DWI diversion programs that allow eligible first offenders to complete rehabilitative programs in exchange for a dismissed charge, keeping their record clean. SB 2320 runs contrary to this trend. By upping a first DWI to Class A (and felony for high BAC), it may disqualify many individuals from diversion programs or probation. Prosecutors and judges may be less able to offer leniency when the charge is a higher class of offense. In short, SB 2320 would make it much harder for a first-timer to avoid a conviction and get a true second chance.
- Collateral Consequences for Felony First DWIs: Perhaps the most alarming aspect is treating certain first DWIs as felonies. A felony conviction is permanently damaging. It bars someone from numerous jobs and professional licenses, can lead to loss of driver’s license for longer periods, and comes with stigma that a misdemeanor doesn’t carry. It’s unusual and extreme for any state to punish a first offense DWI as a felony – most states reserve felony DWIs for repeat offenders or cases involving serious injury. SB 2320 would put Texas in an ultra-punitive category, branding first-time offenders as felons. This approach ignores that many first-time DWI offenders are amenable to rehabilitation – they often learn from the arrest itself, seek treatment for alcohol issues, and never reoffend. Saddling them with a felony from the outset is more likely to ruin their future than to improve public safety.
Undermining Criminal Justice Reform Efforts
Beyond individual cases, SB 2320 carries broader implications for criminal justice reform in Texas:
- Rehabilitation vs. Punishment: Modern criminal justice reform in Texas and nationwide has focused on rehabilitation, treatment, and reducing over-incarceration – especially for non-violent offenses. DWI, while serious, is a non-violent offense in cases where no one is injured. First-time DWI defendants often benefit more from alcohol education, ignition interlock devices, community service, or counseling than from long jail terms. By mandating higher charges and minimum jail stints, SB 2320 skews heavily toward punishment over rehabilitation. This bill sends a message that Texas prefers to jail offenders rather than help them reform, which is a step backwards from a reform perspective.
- Increased Incarceration Rates: The bill analysis itself acknowledges SB 2320 “could lead to increased incarceration rates for offenders”. In practical terms, this means more people in county jails and state jails, including individuals who might otherwise never see jail time under current law. Texas already has overcrowded jails and burdens on taxpayers to fund incarceration. If every first DWI offender now faces Class A jail time, and every second offense becomes a state jail felony, we can expect more strain on the system. This runs counter to reform efforts aimed at reducing jail populations for low-level offenders.
- Effectiveness as a Deterrent is Unproven: Lawmakers supporting SB 2320 argue that harsher penalties will deter drunk driving. However, research and experience often show that increasing a penalty’s severity has less deterrent effect than increasing the certainty of punishment. DWI numbers in Texas remain high despite strict laws, and many experts believe that better enforcement (like sobriety checkpoints or compulsory ignition interlocks) and education prevent DWIs more than simply harsher sentences. There is “scrutiny regarding the effectiveness of harsher penalties in genuinely reducing drunk driving rates.” If the new law doesn’t actually reduce DWIs but just punishes offenders more, then it fails both public safety and justice. We should be focusing on smart solutions that stop repeat drunk driving (for example, treatment programs and interlock devices on vehicles), not blanket harsh penalties that sweep up first-timers who are unlikely to reoffend.
- Contradiction of Progressive Reforms: It’s worth noting that Texas has made some positive strides in giving offenders a second chance. For instance, Texas law allows deferred adjudication for certain first-time DWI offenders (those with BAC below 0.15) – a reform from 2019 intended to help first offenders avoid a conviction if they successfully complete probation. SB 2320 undercuts such reforms. By making 0.15+ BAC a felony and all first DWIs Class A, it effectively narrows the window where deferred adjudication could apply. It also signals a broader retreat from rehabilitation-minded policies. In a time when many states are reconsidering the wisdom of overly harsh sentencing, SB 2320 doubles down on a punitive model from decades past.
Limiting Prosecutorial Discretion and Judicial Flexibility
Another concern is how SB 2320 would box in prosecutors and judges, limiting their ability to handle cases with nuance:
- Forced Felony Charges: Under current law, a prosecutor in Houston (Harris County) handling a second DWI offense can exercise discretion. They might choose to offer a plea to a misdemeanor if the circumstances warrant it (for example, if the prior DWI was many years ago and the new offense was borderline). If SB 2320 becomes law, the statute would require that second offense to be charged as a felony by default. This ties prosecutors’ hands – they must pursue a felony or risk ignoring the law. It removes flexibility to treat some repeat cases less harshly. Similarly, for a first DWI with high BAC, a prosecutor currently charges it as a Class A misdemeanor; under SB 2320 it must be charged as a felony. Justice is not one-size-fits-all, and this bill unfortunately tries to make it so.
- Reduced Plea Bargaining Options: Cases might become harder to resolve efficiently. For example, a first-time DWI defendant with 0.16 BAC currently faces a Class A misdemeanor; their attorney can sometimes negotiate a plea deal for probation or a lesser charge. If it’s a felony charge instead, the stakes are higher, and a defense attorney will be far more likely to take the case to trial to avoid a felony on the client’s record. Prosecutors will correspondingly be less able to negotiate flexible deals. This could lead to more trials and a heavier court docket backlog in Houston and surrounding counties.
- Harsher Minimums and Less Judicial Leniency: SB 2320 doesn’t just raise offense levels; it also effectively imposes some mandatory minimum confinement (72 hours, 6 days, etc., which judges must abide by). Judges in misdemeanor courts often have leeway to sentence first offenders to no jail (just probation). But if the law requires a minimum jail term, the judge cannot fully probate the sentence without that confinement. Likewise for felonies, a state jail sentence might have less latitude for creative sentencing. Our local judges in Harris, Fort Bend, Montgomery, and Galveston counties generally prefer to assess each case individually; SB 2320 would compel them to deliver a one-size punishment in many cases. That’s a loss for judicial discretion and individualized justice.
A Step Backwards for Texas Criminal Justice
In sum, Texas SB 2320 represents a step backwards for fair and effective criminal justice. Yes, drunk driving is a serious issue – no one disputes that we need to prevent DWIs and hold people accountable. But accountability must be balanced with fairness and common sense. Punishing first-time DWI offenders like hardened criminals is neither fair nor sensible:
- It harms our neighbors in Houston who make a single mistake by potentially branding them felons.
- It undermines diversion and treatment programs that have proven more humane and often more effective at reducing reoffending.
- It adds to jail overcrowding and taxpayer expense without clear evidence of benefit.
- It deviates from the trend of giving deserving offenders a chance to rehabilitate and become productive citizens after an error.
Even organizations typically in favor of tough DWI laws acknowledge the need to not over-penalize. The debate around SB 2320 highlights “varying philosophies on criminal justice, with advocates for rehabilitation advocating against punitive measures”. The Napier Law Firm firmly falls on the side of rehabilitation and second chances for first-time offenders. We believe in strong legal defenses that hold the state to its burden while advocating for outcomes that allow our clients to move forward with their lives.
Protecting First-Time Offenders – The Napier Law Firm’s Stance
If you or a family member are facing a first-time DWI charge in Houston or the surrounding area, it’s crucial to understand your rights and options – especially in light of draconian proposals like SB 2320. At The Napier Law Firm, we focus on first-time offender defense to safeguard your future and fight against excessively harsh penalties. Our attorneys have successfully handled countless DWI cases as well as cases involving drug charges and other criminal offenses for clients in Houston, Conroe, The Woodlands, Sugar Land, Galveston, and beyond. We know that one mistake should not define your life.
Our commitment to you: We will explore every legal avenue – from challenging the traffic stop and breath tests, to negotiating for diversion programs or reduced charges – to protect you from the worst consequences of a DWI. As passionate advocates, we also continue to speak out against laws like SB 2320 that threaten the fairness of our system.
Don’t Face Texas DWI Charges Alone – We Can Help
Texas SB 2320 has not become law yet, and we hope it never does in its current form. But even under existing DWI laws, the stakes are high. If you have been arrested for DWI – or any criminal charge – in Houston or nearby counties, contact The Napier Law Firm for a free consultation today. As a leading Houston criminal defense team, we will provide a compassionate, skilled defense aimed at protecting your record and your rights.Your future is on the line. Don’t let a tough new law or an overzealous prosecution take away your second chance. Call The Napier Law Firm at (713) 470-4097 or reach out online to discuss your case with an experienced defense lawyer. We are ready to fight for you and help you move forward. Let our firm be the ally you need in this challenging time – we proudly defend first-time offenders and stand up against unjust laws, every day.