Defense for DWI Arrest in Houston

FAQ About Texas DWI

When Can I Be Charged with DWI?

Driving while intoxicated (DWI) by alcohol or drugs is a serious criminal offense in Texas. According to state law, you can be charged with DWI for having a blood alcohol concentration (BAC) of at least .08 percent or while intoxicated by drugs and/or alcohol. Additionally, commercial driver’s license (CDL) holders can get a DWI for having a BAC of at least .04 percent, while an underage driver (under 21 years of age) can be arrested with any detectable amount of alcohol in their system.

What are the Penalties for a DWI in TX?

A first DWI offense is a Class B misdemeanor, punishable by a jail sentence between 72 hours and 180 days, a maximum fine of $2,000 (not including a state fine upon sentencing), and driver’s license suspension for up to one year. However, if your BAC level is at least .15 percent—nearly double the legal limit—a first offense is a Class A misdemeanor, which carries a maximum jail term of one year, a fine of up to $4,000, and license suspension for up to one year.

A second DWI offense is a Class A misdemeanor, punishable by a jail sentence ranging from 30 days to one year, a maximum fine of $4,000, and license suspension for up to two years. A third DWI offense is a third-degree felony, which carries a prison term between two and ten years, a maximum fine of $10,000, and license suspension for up to two years.

What If I Refuse to Take a Breath or Blood Test After Arrest?

According to Texas’ “implied consent” law, all drivers who are lawfully arrested for DWI in the state must submit to a chemical test to determine their BAC level or any presence of drugs in their system. If you refuse to take a post-arrest chemical test, your driver’s license will be suspended for up to 180 days for a first offense, while refusing a test after you’ve had at least one alcohol or drug-related “enforcement contact” within a ten-year period carries a license suspension for two years.

Should I Perform the Field Sobriety Tests?

The standard field sobriety tests consist of horizontal gaze nystagmus (eye) test, the one-leg stand test, and the walk-and-turn test, which are designed to determine if a person is under the influence of alcohol or drugs. However, Texas law does not require you to perform these tests, which are subjective in nature and meant to provide police officers with more evidence against you. Keep in mind, declining to perform these tests can still lead to an arrest.

How Long Does a DWI Stay on Your Record?

In most cases, a DWI conviction in Texas will remain on your criminal record for the rest of your life. In fact, most DWI convictions do not qualify for expunction (removal). Therefore, having a DWI conviction follow you around forever can have a negative impact on your ability to gain employment, find housing, apply for college/university, and live a normal life.

However, under certain circumstances, a person convicted for a DWI in Texas has a chance to obtain an order of non-disclosure (record sealing). To qualify for non-disclosure, the DWI must be the first offense, your BAC must be below .15 percent, you were never convicted of another crime or placed on deferred adjudication community supervision, you have successfully completed your sentence (e.g., jail time served, all fines paid, etc.), and you waited either two years (after installing an ignition interlock device [IID] in your vehicle for at least six months) or five years (if the court did not order IID installation).