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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.

Practice Areas

If you face a DWI charge in Richmond or Fort Bend County, start with two questions: what must the State prove, and what deadlines are already running? The Napier Law Firm represents people facing misdemeanor and felony DWI charges. We evaluate the evidence and the legal issues rather than treating the arrest as a verdict.

Call (713) 470-4097 to discuss your case. Bring the charging documents, next court setting, and any DPS suspension notice. The license proceeding is separate from the criminal case, so waiting for a court date can leave an important deadline unaddressed.

Alcoholic beverages and truck keys in sunlight.

Your DWI Attorneys

George A. Napier is the firm’s primary DWI attorney. His background includes service in the Montgomery County District Attorney’s Office from 2012 to 2018, serving as a chief and felony prosecutor. He brings that prosecution perspective to evaluating the State’s evidence in defense cases.

Monica Cooper Napier also handles misdemeanor and felony DWI cases. Ask who will handle your case and which proceedings are included.

What Matters in a Fort Bend County DWI Case

The level of the charge affects where the case is handled and where the records are maintained. The Fort Bend County Clerk identifies Class A and B misdemeanor DWI matters as county-court-at-law cases. That office maintains the misdemeanor court records; felony case information is with the District Clerk.

An ordinary misdemeanor DWI and a felony DWI do not follow the same court-record path. The charging document and setting notice identify the actual case to review. A county-record search is not a substitute for confirming your next setting or understanding your release conditions.

The criminal court’s schedule is also separate from the DPS license process. Organize both sets of documents for the consultation, including the envelope for a mailed suspension notice. Identify any prior DWI cases and whether you hold a commercial license; those facts can change the analysis.

The firm serves Richmond and Fort Bend County. Discuss where and how to meet when arranging a consultation.

Texas DWI Law: The Charge and Potential Penalties

Under Penal Code §§ 49.01 and 49.04, DWI requires intoxication while operating a motor vehicle in a public place. Intoxication means 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 charge based on loss of normal faculties.

The ordinary ranges are:

First DWI without an applicable enhancement: generally a Class B misdemeanor, with a 72-hour minimum confinement term, up to 180 days in jail, and a fine up to $2,000.
A qualifying specimen analysis of 0.15 or more: Class A misdemeanor, with up to one year in jail and a fine up to $4,000.
One qualifying prior intoxication conviction: generally a Class A misdemeanor, with a 30-day minimum confinement term, up to one year in jail, and a fine up to $4,000.
Two qualifying prior intoxication convictions: generally a third-degree felony, ordinarily punishable by two to ten years in prison and a fine up to $10,000.

These are general statutory ranges, not a promised sentence or an exhaustive list of enhancements. An open container in the driver’s immediate possession can raise the Class B minimum confinement term to six days. See Penal Code Chapter 12 and Chapter 49.

A first charge can be a felony. DWI with a passenger younger than 15 is a separate state jail felony under § 49.045. Section 49.04(e), effective September 1, 2025, makes DWI in a school crossing zone a state jail felony when the zone’s reduced speed limit applies. The applicable law depends on the offense date. The ordinary state-jail range is 180 days to two years and a fine up to $10,000. Intoxication causing serious bodily injury or death can involve other felony charges; causation and the specific injury matter.

Transportation Code § 709.001 provides additional fines beyond the offense’s base fine, with a required waiver of fines and costs under that section upon a court finding of indigency. Licensing consequences, court-ordered conditions, and other expenses need separate review. The base fine is not a total cost estimate.

For drivers under 21, Alcoholic Beverage Code § 106.041 creates a separate detectable-alcohol offense. For commercial driving, the 0.04 threshold concerns operating a commercial motor vehicle; it does not replace the criminal DWI definition for everyone with a CDL. Under Transportation Code § 522.081, a personal-vehicle DWI or refusal can also have commercial-license consequences.

Whiskey rocks with handcuffs and keys symbolizing the arrest of drunk drivers

How a Defense Is Evaluated

The Stop and Investigation

The report should be compared with the available dashcam and bodycam footage. What prompted the stop? What happened before testing? Which observations support the allegation, and which are disputed? Whether the stop, detention, arrest, or search can be challenged requires analysis of the actual facts and law. A discrepancy does not automatically make all evidence inadmissible.

Field-Sobriety and Chemical Testing

Field-test instructions, surface conditions, footwear, and documented physical limitations may matter to interpreting performance. For breath testing, review the relevant administration and instrument records. For blood testing, collection, storage, handling, laboratory analysis, and timing may matter. A medical condition does not automatically establish a false positive; the proposed explanation needs evidence.

A result obtained later is not a complete timeline of the alleged driving. Whether changing alcohol concentration matters depends on the available facts and appropriate scientific analysis. It is an issue to evaluate, not a ready-made defense that applies whenever collection was delayed. Ask whether expert review is warranted and how it would be funded.

Refusing a specimen can have license consequences and may be used in the prosecution. An officer may seek a warrant for a specimen. The statutory warnings in Chapter 724 make this different from a blanket “refuse everything” strategy. This page does not promise access to counsel before a specimen request.

The Next Decision

The defense must weigh disputed evidence, possible legal challenges, negotiation, and trial. Eligibility for a particular sentencing option requires its own review. No first-offense label guarantees a reduction, deferred adjudication, probation, or dismissal. Before accepting a proposed resolution, understand what it would mean for the criminal case and for driving privileges.

ALR Notices and Occupational Licenses

The ALR hearing-request deadline runs from the suspension notice, not automatically from the arrest date. DPS explains that the request is due within 15 days after service of notice. For notice mailed after a consensual blood test, DPS describes 20 days from mailing. Chapter 524 uses receipt presumed on the fifth day after mailing and a request within 15 days after that presumed receipt. Have the actual notice reviewed promptly.

A timely request stays the proposed ALR suspension pending the administrative decision. It does not erase a separate suspension or commercial disqualification. An ALR win is not a guarantee of unrestricted driving privileges.

An occupational driver license may be available for eligible noncommercial driving for work, school, or essential household duties. It is not available in every case and cannot authorize commercial driving during disqualification. A court order is not the DPS-issued license; the required documents, insurance, and fees must be submitted to DPS for issuance. The pretrial fee includes pursuing an occupational driver’s license if needed.

Contact a Richmond, Texas, DWI Lawyer

Call (713) 470-4097 to discuss hiring The Napier Law Firm for a Richmond or Fort Bend County DWI case. Bring your charging documents, release conditions, next setting, and DPS notices. Ask who would handle the matter.

Our DWI fee is typically divided into a pretrial fee and a separate jury-trial fee. The pretrial fee covers representation leading up to a jury trial, including the ALR hearing and pursuing an occupational driver’s license if needed. You pay the separate trial fee only if your case needs to proceed to a jury trial.

Expert and investigator costs are separate from the pretrial fee. We confirm those costs with you before incurring them. Payment plans are considered on a case-by-case basis.

For statewide background, see our Texas DWI defense page.

This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship. No outcome is guaranteed.

DWI Attorney in Richmond TX