A DWI arrest in Texas can upend your life in a matter of hours. Beyond the immediate shock of being handcuffed and taken to jail, the consequences of a conviction — a permanent criminal record, driver’s license suspension, steep fines, and potential jail time — can affect your career, your family, and your future for years to come.
At Manuel Diaz Law Firm, our DWI defense attorneys in Dallas understand how high the stakes are. We fight aggressively to challenge the evidence, protect your driving privileges, and pursue the best possible outcome — whether that means a dismissal, reduction of charges, or an acquittal at trial.
What Is a DWI in Texas?
In Texas, Driving While Intoxicated (DWI) is defined under Texas Penal Code § 49.04 as operating a motor vehicle in a public place while intoxicated. You are legally intoxicated if:
- Your blood alcohol concentration (BAC) is 0.08% or higher, OR
- You have lost the normal use of your mental or physical faculties due to alcohol, drugs, a controlled substance, or any combination thereof
Importantly, you can be charged with DWI even if your BAC is below 0.08% if an officer believes your faculties are impaired. This makes the officer’s observations — and your attorney’s ability to challenge them — critically important.
DWI Penalties in Texas
First Offense DWI
- Class B misdemeanor
- Up to 180 days in jail (minimum 72 hours)
- Fine up to $2,000
- Driver’s license suspension: 90 days to 1 year
- Annual surcharge of $1,000–$2,000 for 3 years to retain your license
Second Offense DWI
- Class A misdemeanor
- Up to 1 year in jail (minimum 30 days)
- Fine up to $4,000
- Driver’s license suspension: 180 days to 2 years
Third Offense DWI (Felony)
- Third-degree felony
- 2 to 10 years in Texas state prison
- Fine up to $10,000
- Driver’s license suspension: 180 days to 2 years
DWI with Child Passenger
If a passenger under 15 years of age is in the vehicle at the time of the offense, the charge is elevated to a state jail felony, regardless of whether it is your first DWI.
What Happens After a DWI Arrest in Texas?
The ALR Process — Protecting Your License
After a DWI arrest in Texas, you have only 15 days to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS). If you do not request this hearing within 15 days, your license will be automatically suspended — regardless of the outcome of your criminal case.
This is one of the most critical deadlines in a Texas DWI case. Contact an attorney immediately after your arrest so this hearing can be requested on your behalf.
The Criminal Case Timeline
- Arraignment: You are formally charged and enter a plea
- Pre-trial motions: Your attorney challenges evidence, field sobriety tests, and breathalyzer results
- Plea negotiations: Your attorney negotiates with the prosecutor for reduced charges or deferred adjudication
- Trial: If no agreement is reached, your case goes before a judge or jury
Possible Defenses Against a DWI Charge in Texas
Illegal Traffic Stop
An officer must have reasonable suspicion to pull you over. If the stop was unlawful, any evidence obtained afterward — including breathalyzer results and field sobriety tests — may be suppressed.
Improper Field Sobriety Tests
Field sobriety tests (FSTs) such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus are highly subjective and can be affected by medical conditions, uneven pavement, poor lighting, or officer error.
Breathalyzer Errors
Breathalyzer machines require regular calibration and maintenance. If the device was improperly maintained or the test was administered incorrectly, the BAC reading may be challenged or excluded.
Rising Blood Alcohol
Alcohol continues to be absorbed into the bloodstream after you stop drinking. Your BAC at the time of the test may have been higher than it was while you were actually driving — a defense known as ‘rising blood alcohol.’
Medical Conditions
Certain medical conditions — including acid reflux, diabetes, and neurological disorders — can produce false positives on breathalyzer tests or mimic signs of intoxication during field sobriety tests.
Frequently Asked Questions About DWI in Texas
Will I lose my license after a DWI in Texas?
Not necessarily. You have 15 days from the date of your arrest to request an ALR hearing to fight the suspension. Even if your license is suspended, you may be eligible for an occupational license that allows you to drive to work, school, or essential activities.
Can a DWI be expunged in Texas?
A DWI conviction generally cannot be expunged in Texas. However, if your case was dismissed or you were found not guilty, you may qualify for expunction. If you received deferred adjudication (not available for most DWIs), you may qualify for a non-disclosure order. An attorney can evaluate your specific situation.
Can I refuse a breathalyzer test in Texas?
Yes, but refusal has consequences. Under Texas implied consent law, refusing a breathalyzer results in an automatic 180-day license suspension for a first refusal, and 2 years for a second refusal. However, refusal can also make it harder for the prosecution to prove the BAC element of the DWI charge.
What is deferred adjudication for DWI in Texas?
Deferred adjudication is generally NOT available for DWI in Texas under most circumstances. Unlike other offenses, a DWI typically cannot be placed on deferred adjudication probation unless the case involves certain specific circumstances. Your attorney can advise you on whether any alternative disposition applies to your case.
How much does a DWI lawyer cost in Dallas?
DWI attorney fees in Dallas vary depending on the complexity of the case, the number of prior offenses, and whether the case goes to trial. At Manuel Diaz Law Firm, we offer a free initial consultation so you can understand your options before making any decisions.
Contact a DWI Lawyer in Dallas Today
At Manuel Diaz Law Firm, our DWI defense attorneys in Dallas are ready to fight for your rights from the moment of your arrest. Time is critical — especially with the 15-day ALR deadline. Do not wait.
We offer a free initial consultation and serve clients throughout Dallas County, Tarrant County, Denton County, and all of North Texas. We are fully bilingual — hablamos espanol. Call (855) 900-3429 or contact us at diazlf.com.
Manuel Diaz Law Firm | 8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247 | Serving Dallas County, Tarrant County, Denton County, and all of North Texas
