A DWI arrest in Dallas can lead to license suspension, fines, and jail time. But a strong defense can make all the difference. Prosecutors take these cases seriously, so acting quickly to get experienced legal representation can help you fight for the best possible outcome.
As a dedicated Dallas DWI defense attorney with over 15 years of experience, attorney RJ Harber knows the best strategies for DWI cases, from challenging breathalyzer results to negotiating reduced charges. As a former prosecutor, he knows what it takes to prepare a strong defense strategy tailored to your situation. Contact us today for a free consultation.
DWI Laws in Texas
DWI (Driving While Intoxicated) is a criminal offense that happens when someone operates a vehicle while impaired by alcohol or drugs.
In Texas, a blood alcohol concentration (BAC) of .08% or higher is classified as legally intoxicated for most drivers. Commercial drivers are restricted to a .04% limit, and drivers under 21 can face penalties for any detectable alcohol under Texas’ Zero Tolerance laws.
DWI Charge Classifications Under Texas Law
First-Offense Class B DWI
A first-time DWI in Texas is typically charged as a Class B misdemeanor. Even without prior convictions, you could face up to 180 days in jail, fines up to $2,000, and a driver’s license suspension for up to a year. Additional consequences may include mandatory DWI education programs.
Class A DWI
A second DWI offense carries enhanced penalties as a Class A misdemeanor. Consequences include up to 1 year in jail, fines of up to $4,000, and a driver’s license suspension of up to 2 years.
If the second offense happens within five years of the prior, the Texas Penal Code requires an ignition interlock device on every vehicle the defendant owns or drives, and the device must stay installed for one year after the license suspension ends.
Felony DWI Enhancements
A third DWI offense is charged as a third-degree felony in Texas. This charge carries a potential prison time of 2–10 years and fines of up to $10,000.
It also results in a driver’s license suspension of up to 2 years. When the new offense happens within five years of the most recent prior DWI, the Texas Penal Code also requires an ignition interlock device to be installed on every vehicle the defendant owns or drives.
DWI Charges Involving Drugs
DWI-D refers to driving while intoxicated by drugs, whether illegal, prescription, or over-the-counter medications. In Texas, you can be charged with DWI-D if drugs impair your mental or physical faculties.
Unlike alcohol-related DWIs, there’s no specific legal limit for drug concentration. Instead, the prosecution must prove that the drugs made you unable to drive safely.
DWI with Marijuana
Texas treats marijuana possession as a criminal offense, so a DWI tied to marijuana often comes with a separate possession charge plus the impairment count. The DWI itself runs on the same impairment standard, with the state relying on observed signs of impairment and blood testing for THC rather than a per se concentration threshold.
DWI with Illegal Drugs
In Texas, possession is graded by penalty group and quantity. Across the four penalty groups, charges range from a Class B misdemeanor at the lowest tier up to a first-degree felony at the highest. For Penalty Group 1 substances like cocaine, heroin, methamphetamine, and fentanyl, possession starts at a state jail felony for less than one gram and scales up to a first-degree felony—with a fine up to $100,000 and 10 to 99 years or life in prison for 400 grams or more.
A DWI stop that uncovers these substances usually adds a possession charge and drug charges next to the impairment count, pushing the case into felony territory regardless of how the DWI alone is classified.
DWI with Prescription Drugs
A valid prescription does not defeat a DWI charge. Under Texas Penal, the fact that the driver was entitled to use the medication is not a defense to prosecution. Common prescription medications that lead to DWI arrests include painkillers and sleep aids, all of which carry warning labels against driving while taking them. The state proves the case the same way as for any drug-related DWI.
Aggravated DWI Charges in Texas
DWI with a BAC of 0.15 or Higher
A DWI is enhanced to a Class A misdemeanor when an analysis of the driver’s blood, breath, or urine specimen shows an alcohol concentration of 0.15 or more at the time of testing.
BAC continues to rise for some time after the last drink, so the timing of the stop, the arrest, and the chemical test itself all become evidence the defense can use to challenge whether the threshold was actually met while the driver was behind the wheel.
DWI with a Passenger Under 15
Under Texas Penal Code § 49.045, driving drunk with a passenger under 15 is a state jail felony that carries severe penalties:
- State jail felony, punishable by 180 days to 2 years in state jail
- Fines up to $10,000
- Driver’s license suspension for up to 90 days
- Mandatory ignition interlock device as a condition of bond
- Criminal record
- Potential impact on child custody and visitation rights
If you’re facing DWI charge with a child passenger, contact our defense team immediately. The stakes are too high to handle alone, and early intervention gives us the best opportunity to protect your rights and work toward the best outcome possible.
Intoxication Assault
A driver who causes serious bodily injury to another person while intoxicated faces an intoxication assault charge, a third-degree felony at baseline. It carries 2–10 years in prison and a fine of up to $10,000. Defenses often focus on whether the driver’s impairment actually caused the crash and injury, alternate explanations for the collision, and whether the chemical evidence reliably reflects intoxication at the time of driving. If the victim is a first responder, peace officer, or judge injured in the line of duty, the offense is raised to a second-degree felony.
Intoxication Manslaughter
A driver who causes another person’s death while intoxicated faces an intoxication manslaughter charge, a second-degree felony at baseline. The statute requires the prosecution to prove the death happened “by reason of” the intoxication. Causation becomes the most contested element in many of these cases. Defenses often focus on alternate causes of the crash, the timing of impairment, and whether the chemical evidence reliably tracks the moment of driving.
License Suspension After a DWI Arrest
Administrative License Revocation (ALR) Hearings
An Administrative License Revocation (ALR) hearing is the time to appeal the suspension of your driver’s license after a DWI arrest. Yet, the final decision depends on the evidence presented.
During the hearing, the Texas Department of Public Safety (DPS) must establish, by a preponderance of the evidence, that law enforcement had reasonable suspicion for the stop, probable cause for the DWI arrest, and that you either failed or refused a chemical test.
Occupational Driver’s License
If your license has been suspended due to a DWI or another offense, you may be eligible for an Occupational Driver’s License (ODL), which allows you to drive legally under specific conditions.
Ignition Interlock Devices
A Texas court can require an ignition interlock device at several points in a DWI case. It may be ordered as a condition of pretrial release for any subsequent DWI charge, a DWI with a child passenger, or an intoxication assault or manslaughter charge. The same device often returns as a condition of an occupational driver’s license, community supervision, or a post-conviction order.
Collateral Charges with a DWI
DWI and Unlawful Possession of a Weapon
Texas Penal Code §46.02 normally allows a person to carry a handgun in their own vehicle. Subsection (a-1) strips that protection when the driver is engaged in criminal activity other than a Class C traffic violation. A DWI charge fits the description. A handgun found during a DWI stop frequently produces a separate Unlawful Carrying of Weapons charge graded as a Class A misdemeanor.
Immigration and Deportation Consequences
Texas Code of Criminal Procedure requires the court to warn defendants of immigration risk during any guilty or no-contest plea. The conviction may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law. A single DWI rarely qualifies as a categorical deportable offense on its own, but it can affect naturalization timing, green card renewals, and visa status.
Reducing or Dismissing DWI Charges in Texas
Most DWI cases that don’t end in a conviction get resolved before trial. Under Texas Code, no evidence obtained in violation of state or federal law can be used against the defendant, so motions to suppress aim at the traffic stop, the arrest, the field sobriety tests, and the breath or blood evidence. A successful motion can collapse the prosecution’s case and force a dismissal or a reduction to a lesser charge.
Plea negotiation handles cases where the evidence holds up, but the prosecutor accepts a reduction. Common landing spots include obstruction of a highway or reckless driving. Eligible first-time offenders may also have a path to deferred adjudication, which keeps a conviction off the record if the supervision conditions are completed.
Contact Our Criminal Defense Attorneys for a Free Consultation
From high BAC to hit-and-run cases, RJ Harber is an experienced Dallas DWI attorney with more than 15 years of experience. By hiring a top DWI attorney, you are ensuring that your case will be handled properly. RJ Harber is well-versed in Dallas DWI law and has the knowledge to make sure his clients get top-notch representation. Contact our law office today for a free consultation.
Frequently Asked Questions
What happens after a DWI arrest in Dallas, TX?
The first thing that happens during a DWI arrest is that the arresting officer will request either a breath or blood test to verify your blood alcohol concentration. Your driver’s license may be open to administrative license revocation, and you typically have only 15 days to request a hearing to protect your driving privileges. This is why contacting a Dallas DWI defense lawyer is highly recommended.
What is the difference between a DWI and a DUI in Texas?
In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are distinct charges. DUI specifically applies to minors under 21 who have any detectable amount of alcohol in their system while driving—even below the .08 BAC limit. This is a Class C misdemeanor for minors.
DWI, on the other hand, applies to drivers of any age who are legally intoxicated (BAC of .08 or higher) or have lost the normal use of mental or physical abilities due to alcohol or drugs.
How can blood alcohol testing affect my defense?
Breath and blood tests must follow strict technical and procedural requirements to be valid in court. A strong defense may involve challenging the accuracy of test results, including improper calibration of breathalyzers, contamination in blood samples, or failure to follow chain-of-custody protocols. Additionally, if law enforcement lacked probable cause or reasonable grounds for the traffic stop, any test results may be inadmissible in court.
What should I look for when choosing a DWI defense lawyer?
Look for an experienced Dallas criminal lawyer with specific DWI law experience. Former prosecutors often provide valuable insight into case strategy. Consider factors like their experience with the criminal justice system, trial skills, and track record handling DWI cases.
How is the court process for a DWI case?
The court process for a DWI case includes several stages:
- Arraignment – Your first court show court date, where you enter a plea.
- Pre-trial conferences – Negotiations with prosecutors and case review.
- Motion hearings – Your attorney may challenge evidence.
- Trial (if necessary) – If no plea agreement is reached, the case proceeds to trial.