A DWI arrest can be overwhelming — but you don’t have to face it alone. If you’ve been pulled over after having a few drinks in Texas, your head is probably spinning with acronyms like DWI and DUI. While people often use these terms interchangeably, in the eyes of Texas law, they are two very different charges with distinct consequences.
Understanding the specific charge you are facing is the first step toward building a powerful defense. In Texas, the most critical factor separating a DWI and a DUI is the driver's age. A DWI (Driving While Intoxicated) charge is what adults 21 and older face when they are arrested for driving while legally intoxicated. In contrast, a DUI (Driving Under the Influence) is a specific charge reserved for minors under 21 who have any detectable amount of alcohol in their system.
Understanding the Legal Distinction in Texas
Being arrested for DWI is incredibly stressful, but it's a legal challenge you can fight with the right support. While it’s common to hear "DWI" and "DUI" used as if they’re the same, Texas law draws a sharp line between them, creating distinct offenses with entirely different standards and penalties.
The real difference lies in what the prosecutor must prove to secure a conviction. For an adult to be convicted of DWI, the state has to demonstrate one of two things:
- Your Blood Alcohol Concentration (BAC) was 0.08% or higher. BAC is a measurement of the amount of alcohol in your bloodstream.
- You lost the normal use of your mental or physical faculties due to alcohol or drugs.
This is a much higher legal standard than what is required for a minor to be charged with DUI.
DWI vs. DUI: A Quick Comparison
Texas enforces a zero-tolerance policy for underage drinking and driving, which is the foundation of the DUI charge. This means a minor can be charged with DUI even if they are not "intoxicated" or "impaired" in the traditional sense. Simply having any measurable amount of alcohol in their system is enough to break the law. You can get more details by reading our guide explaining what a DUI charge entails.
To simplify, let’s lay out the key differences.
Texas DWI vs DUI Core Distinctions
This table breaks down the core distinctions between the two most common charges for impaired driving in Texas.
| Factor | DWI (Driving While Intoxicated) | DUI (Driving Under the Influence) |
|---|---|---|
| Applicable Age | 21 years and older | Under 21 years old |
| BAC Threshold | 0.08% or higher, or impaired | Any detectable amount of alcohol |
| Typical Offense Level | Class B Misdemeanor (First Offense) | Class C Misdemeanor (First Offense) |
| Primary Legal Basis | Intoxication (Impairment or BAC) | Zero-Tolerance Policy for Minors |
The penalties clearly show how differently these offenses are treated.
A DWI conviction almost always carries the risk of jail time, even for a first offense. A DUI, while still a serious charge with consequences that can follow a young person for years, is typically a lower-level misdemeanor punished by a fine.
This legal split is crucial. DWI is the charge for anyone over 21 driving with a BAC of 0.08% or more. DUI is a much lower-threshold offense that applies exclusively to minors with any trace of alcohol in their system.
Whether you're an adult facing a DWI or a parent helping your child with a DUI charge, the stakes are high. An experienced Houston DWI lawyer understands these nuances and can build a defense strategy that fits your unique case, fighting to protect your rights and your future.
Comparing Penalties for DWI and DUI Convictions
When you’re facing a drunk driving charge, understanding the potential consequences is the first step toward building a strategic defense. It’s easy to feel overwhelmed, but knowing exactly what’s at stake empowers you to make informed decisions for your future. In Texas, the law draws a sharp line between DWI and DUI, with penalties that reflect the driver’s age and the seriousness of the offense.
For adults, a Driving While Intoxicated (DWI) charge is a serious criminal matter from the start. A first-offense DWI is typically a Class B Misdemeanor, which means jail time and significant fines are on the table. In contrast, a Driving Under the Influence (DUI) charge for a minor begins as a Class C Misdemeanor. This is a lower-level offense that focuses more on education and community service than incarceration.
This distinction boils down to one simple factor: age.
The core takeaway is that Texas uses two different standards based on age. DWI applies to adults 21 and over who are legally "intoxicated," while DUI is reserved for minors under 21 who have any detectable amount of alcohol in their system.
Texas DWI Penalties Explained
The consequences for a DWI conviction in Texas are harsh and designed to escalate with each subsequent offense. Even for a first DWI in Texas, you're facing a range of penalties that can disrupt your life.
- Jail Time: A conviction can result in jail time from a minimum of 72 hours up to 180 days.
- Fines: The court can impose fines of up to $2,000.
- License Suspension: Your driver's license can be suspended for 90 days to one year.
These are just the starting points. Certain circumstances, known as aggravating factors, can elevate the charge and its consequences.
For example, if your Blood Alcohol Concentration (BAC) is 0.15% or higher, the charge is enhanced to a Class A Misdemeanor. This single factor increases the potential jail time to one year and doubles the maximum fine to $4,000—even for a first offense.
DUI Penalties for Minors
Texas has a strict zero-tolerance policy for underage drinking and driving. While the criminal penalties for a first-offense DUI are not as severe as an adult DWI, they are designed to be an impactful lesson for a young person.
A first-offense DUI conviction typically involves:
- Fine: A fine of up to $500.
- License Suspension: A driver's license suspension for 60 days.
- Community Service: A court will order 20 to 40 hours of community service.
- Alcohol Awareness Course: Mandatory completion of an alcohol education program is required for the minor and sometimes for a parent as well.
Although a first-offense DUI does not carry jail time, a third offense can be enhanced, opening the door to potential incarceration and much larger fines.
How to Fight an Administrative License Suspension
It’s critical to understand that a DWI arrest initiates two separate legal proceedings. Beyond the criminal charges, you will also face an administrative case against your driving privileges known as the Administrative License Revocation (ALR) process. This is a civil action handled by the Texas Department of Public Safety (DPS) and is completely separate from your criminal case.
After an arrest, you have only 15 days to request an ALR hearing to fight the automatic suspension of your license. This hearing is often the first opportunity your attorney has to question the arresting officer and gather evidence that could be vital for your criminal defense. If you miss this deadline, your license will be suspended automatically, regardless of the outcome of your criminal case.
For a more detailed breakdown, you can learn more by reviewing the full range of potential DWI penalties in Texas in our guide.
Texas DWI and DUI Penalties At a Glance
To make the differences crystal clear, let's look at a direct, side-by-side comparison of the standard penalties for a first offense.
| Penalty Type | First Offense DWI (Adult) | First Offense DUI (Minor) |
|---|---|---|
| Criminal Charge | Class B Misdemeanor | Class C Misdemeanor |
| Jail Time | 72 hours to 180 days | No jail time |
| Maximum Fine | Up to $2,000 | Up to $500 |
| License Suspension | 90 days to 1 year | 60 days |
| Mandatory Courses | DWI Education Program | Alcohol Awareness Course |
This table illustrates why a strategic defense is essential from day one. An experienced Houston DWI attorney will dissect every piece of your case—from the initial traffic stop to the chemical test results—to find weaknesses in the prosecution’s argument. The goal is always to protect your rights, minimize these consequences, and fight for the best possible outcome.
Navigating the DWI Arrest Process in Texas
The sudden flash of red and blue lights in your rearview mirror can be overwhelming. It’s the start of a process that feels confusing and intimidating, but understanding what happens after a DWI arrest and knowing your rights can make a significant difference in protecting your future.
The moments during and immediately after a traffic stop are critical. Everything you say and do can be used by the prosecution to build a case against you. A calm, strategic approach is the first step in building a strong legal defense.
What Happens After a DWI Arrest
First, an officer needs a valid reason, known as "reasonable suspicion," to believe you've committed a traffic violation. This could be anything from swerving to a broken taillight. During this stop, it's best to stay calm, be polite, and provide your license and registration. You have the right to remain silent and should exercise it by politely declining to answer questions about where you were or if you've been drinking. A simple, "Officer, I choose not to answer any questions," is a protective response.
Remember, the goal of law enforcement during a DWI stop is to gather evidence of intoxication. Every question is designed to elicit information that can be used against you in court.
Understanding Field Sobriety Tests
If the officer suspects you're intoxicated, they will ask you to perform Standardized Field Sobriety Tests (SFSTs). A field sobriety test is a series of physical and mental exercises designed to test your coordination, balance, and ability to follow instructions.
In Texas, there are three officially recognized SFSTs:
- Horizontal Gaze Nystagmus (HGN) Test: The officer asks you to follow a stimulus (like a pen) with your eyes to check for involuntary jerking.
- Walk-and-Turn Test: You are asked to take nine heel-to-toe steps along a straight line, turn, and walk nine steps back.
- One-Leg Stand Test: You are instructed to stand on one foot with the other raised about six inches off the ground and count aloud for 30 seconds.
Here’s the most important thing to know: you have the right to refuse to perform these tests. Field sobriety tests are subjective and difficult for even a sober person to pass perfectly. Nerves, medical conditions, or an uneven road surface can cause you to "fail." Politely declining is often your best strategy.
Chemical Tests and Texas Implied Consent Law
After the field tests, the officer will likely request a chemical test—a breathalyzer or a blood draw—to measure your Blood Alcohol Concentration (BAC). This is where the Texas implied consent law comes into play. When you received your driver's license, you automatically consented to provide a breath or blood sample if lawfully arrested for DWI.
However, you still have the right to refuse the chemical test. While refusal is not a crime, it triggers an immediate administrative license suspension. The benefit of refusing is that you deny the prosecution a key piece of evidence, which can strengthen your criminal defense. A skilled Texas DUI attorney can help you challenge the resulting DWI license suspension and fight to keep you on the road.
Your Administrative License Revocation Hearing
When you're arrested for a DWI in Texas, you are fighting a battle on two fronts. Most people focus on the criminal case, but there’s a second, equally urgent battle over your right to drive. This is the Administrative License Revocation (ALR) hearing, a civil process that runs parallel to your criminal case.
Understanding this two-front battle is critical. The ALR process can dramatically affect your ability to get to work and can even shape the strategy for your criminal defense. Ignoring it is a mistake you cannot afford.
The clock starts ticking the moment of your arrest. You have just 15 days to request an ALR hearing. If you miss this deadline, the Texas Department of Public Safety (DPS) will automatically suspend your license, no questions asked—regardless of what happens later in your criminal DWI case.
The Purpose of the ALR Hearing
The ALR hearing is not a criminal trial. It is an administrative proceeding where a judge determines if the DPS has the legal right to suspend your driver’s license.
The state's burden of proof is much lower than in a criminal court. To suspend your license, the DPS only needs to show:
- The officer had reasonable suspicion for the stop and probable cause for the arrest.
- You either refused a chemical test or provided a sample with a BAC of 0.08% or higher.
This process is completely separate from your criminal case, meaning you can win your ALR hearing but still be convicted of DWI later, or vice versa. To get a deeper understanding, check out our guide on the Administrative License Revocation process in Texas.
Why This Hearing Is a Strategic Opportunity
While the main goal of an ALR hearing is to save your driver's license, it offers a massive strategic advantage for your criminal defense. This hearing is often the first—and sometimes only—chance your lawyer gets to question the arresting officer under oath before a potential criminal trial.
This early cross-examination is invaluable. It allows your attorney to lock the officer into their story, expose inconsistencies in their report, and gather critical evidence that might not surface otherwise.
For example, your lawyer can challenge the specifics of the traffic stop, how the field sobriety tests were administered, and whether proper procedures were followed. Any weakness uncovered during the ALR hearing can become powerful ammunition for your criminal defense, potentially leading to reduced charges or even a complete dismissal. This is why requesting your ALR hearing within the 15-day window is one of the most important first steps you can take.
Building a Strong Defense Against Your Charges
A DWI arrest can feel overwhelming, but an arrest is not a conviction. The prosecution must prove its case against you beyond a reasonable doubt, and a skilled defense attorney’s job is to challenge every piece of their evidence. By digging into the details of your case, we can find weaknesses and build a proactive defense designed for your specific situation.
Many people assume the evidence in a DWI case is airtight, but that is rarely true. From the traffic stop to the final blood test result, there are countless opportunities for procedural errors and rights violations. A winning defense starts with a meticulous review of every detail.
Contesting the Initial Traffic Stop
The first line of defense often starts with the traffic stop itself. An officer must have reasonable suspicion of a traffic violation to pull you over. If the officer lacked a valid reason, any evidence gathered afterward—field sobriety tests, your statements, and chemical test results—could be suppressed and ruled inadmissible by the court, often leading to a dismissal. We will analyze the officer’s report and any available dashcam footage to see if your constitutional rights were violated.
How to Fight a Breath Test Result
Field sobriety tests and chemical tests are the cornerstones of the prosecution's case, but they are far from infallible. Each test has strict protocols that officers must follow. Any deviation can render the results unreliable and open to a powerful challenge in court.
Scrutinizing the Evidence:
- Field Sobriety Tests: These tests are subjective. Your nerves, physical limitations, or even poor lighting can lead to a "failure," even if you are sober. We challenge whether the officer administered the tests correctly.
- Breathalyzer Tests: Breathalyzer machines require regular maintenance and calibration. We will investigate the machine’s logs for a history of errors or improper maintenance. Medical conditions like acid reflux can also produce falsely high BAC readings.
- Blood Tests: Blood tests are vulnerable to human error. We investigate potential problems like improper collection procedures, contamination of the sample, or breaks in the chain of custody—the documented record of who handled the evidence.
A common misconception is that a failed breath or blood test automatically means a conviction. A skilled Houston DWI lawyer knows how to expose the flaws in this evidence, turning the prosecution’s strongest point into a weakness.
Texas has a serious problem with intoxicated driving, a fact that puts immense pressure on law enforcement and prosecutors. One recent report noted that a shocking 42.37% of all traffic fatalities in Texas are caused by drunk drivers. You can discover more about these trends in Texas drunk driving. This pressure can lead to rushed procedures and mistakes—mistakes we can use to build your defense.
To fight a DWI in Texas, your attorney must be ready to challenge every piece of evidence. By showing that the tests were flawed or the initial stop was unlawful, we create the reasonable doubt necessary to protect your freedom.
How We Defend Your Rights and Protect Your Future
Facing a DWI or DUI charge in Texas can feel like your world has been turned upside down. The possibility of losing your license, paying heavy fines, or even going to jail is overwhelming. But this is not a journey you have to take alone. Our job is to stand between you and the prosecution, fighting to protect your rights at every step.
At The Law Office of Bryan Fagan, we take an offensive approach from day one. Instead of waiting to react to the prosecution, we get ahead by scrutinizing every piece of evidence they have. Our work begins the moment you hire us, starting with the critical step of requesting your Administrative License Revocation (ALR) hearing. This is the first battleground in the fight to save your driver's license, and we treat it with the urgency it deserves.
A Strategic Defense Built Around Your Case
We know that no two DWI cases are the same. That’s why our commitment is to build a defense strategy designed specifically for the facts of your situation. We have seen the common missteps law enforcement makes during DWI arrests—and we know how to use them to your advantage.
Our comprehensive process involves:
- Investigating the Traffic Stop: Was the initial stop legal? We analyze the officer’s report to see if they had a lawful reason to pull you over. If not, the case could be dismissed.
- Challenging Sobriety Tests: Field sobriety tests are unreliable, and breathalyzers require precise calibration. We dig into the records to find errors, faulty equipment, or improper procedures.
- Analyzing Chemical Evidence: For blood tests, the chain of custody and lab procedures are critical. We investigate every step to uncover potential contamination or errors that could invalidate the results.
This isn’t just about checking boxes; it’s about finding the cracks in the state’s case and using them to your advantage.
An arrest is just the beginning of the story, not the end. Our goal is to ensure one mistake doesn’t define the rest of your life. We're here to offer clear guidance and a powerful defense when you need it most.
Whether you're dealing with a first DWI in Texas or a more complex charge, our objective is to minimize the damage to your life and future. We are aggressive negotiators, always pushing for reduced charges or a complete dismissal, but we are also always prepared to take your fight to trial if that’s what it takes to achieve the right outcome.
Your freedom is on the line, so don't wait to get the help you need. As a dedicated Houston DWI lawyer, we are committed to helping Texans fight back against DWI charges. Contact The Law Office of Bryan Fagan today for a free consultation to discuss your case and learn how we can protect you.
Common Questions We Hear About Texas DWI Laws
When you're facing a DWI or DUI arrest, the questions can feel endless. Getting clear answers is the first step toward regaining control. We’ve compiled some of the most common questions our clients ask to provide clarity on what you’re facing.
A DWI arrest is a disorienting experience, but with the right legal strategy, you can challenge the state’s case against you.
Can a DWI Be Dismissed in Texas?
Yes, getting a DWI charge dismissed in Texas is entirely possible. A dismissal often occurs after your attorney finds a critical flaw in the prosecution's case. This could involve proving the initial traffic stop was illegal, showing the breath or blood test was handled improperly, or demonstrating that the field sobriety test results were unreliable.
A sharp Texas DUI attorney will dig into every detail of your arrest to find these weaknesses. Uncovering such mistakes can lead to a complete dismissal or a significant reduction in charges, which is crucial for protecting your record and your future.
What Is an Occupational Driver License?
An occupational driver license (ODL) is a special, restricted license that allows you to drive to essential places while your regular license is suspended. It is a lifeline that lets you get to and from work, school, and other necessary household duties.
If your license is suspended—either from the ALR hearing or a conviction—your life doesn't have to stop. Your attorney can petition the court for an ODL on your behalf. This helps you keep your job and handle your responsibilities while your case moves forward, minimizing the disruption a DWI license suspension can cause.
"An occupational license is often the key to keeping your job and supporting your family after a DWI arrest. It’s a vital step we help our clients take to maintain stability during a difficult time."
How Long Does a DWI Stay on Your Record in Texas?
In Texas, a DWI conviction stays on your criminal record forever unless you take legal action to have it sealed or expunged. The record does not automatically disappear after a certain number of years.
An order of nondisclosure, which seals the record from public view, may be an option depending on factors like whether it was your first DWI in Texas and if you successfully completed community supervision. Expunctions, which destroy the record entirely, are rarer and typically only available if your case was dismissed. An experienced attorney can review your situation and advise you on the best path to clear your name.
A DWI charge is serious, but it doesn’t have to define your future. At The Law Office of Bryan Fagan, PLLC, our experienced team is here to build a powerful defense for you. We are ready to listen to your story, explain your options, and fight for the best possible outcome. Contact us today for a free, confidential case evaluation to learn how we can protect your rights. Visit us at https://texasduilawfirm.com.
