How do you handle a DWI in Texas?

Aug 26, 2023   Legal Tips

Driving While Intoxicated (DWI) is a serious offense in the state of Texas, carrying severe legal consequences and potential long-term impact on your life. If you find yourself facing a DWI charge, it’s essential to understand the process, your rights, and the steps you should take to navigate the situation effectively. In this article, we’ll guide you through the intricacies of handling a DWI in Texas.

Understanding DWI Laws in Texas

In Texas, DWI refers to driving a vehicle while under the influence of alcohol, drugs, or a combination of both. It’s crucial to differentiate between Driving Under the Influence (DUI) and DWI, as Texas law treats them separately. While DUI applies to minors driving under the influence, DWI pertains to individuals aged 21 and older.

The state enforces strict Blood Alcohol Concentration (BAC) limits. For drivers aged 21 and above, the legal limit is 0.08%. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable amount of alcohol in their system can result in serious consequences.

Penalties for DWI convictions vary based on factors such as BAC levels, prior convictions, and any aggravating circumstances. They can include fines, license suspension, mandatory DWI education programs, and even jail time for repeat offenders.

Initial Steps After a DWI Arrest

Immediately following a DWI arrest, you’ll undergo a booking process, which includes recording personal information and taking fingerprints. Depending on the situation, you might be temporarily released, but it’s crucial to seek legal assistance as soon as possible.

Contacting an experienced DWI attorney is essential to ensure your rights are protected. They can guide you through the process and help you understand the options available to you. One critical step is requesting an Administrative License Revocation (ALR) hearing to contest the suspension of your driver’s license.

The Legal Process and Your Rights

After your arrest, you’ll be arraigned and required to enter a plea. This is a critical stage, and your attorney will help you decide on the best approach based on your circumstances. The discovery process follows, during which your attorney gathers evidence to build your defense strategy.

Exploring potential defense strategies is essential. Your attorney might challenge the validity of the traffic stop, question the accuracy of BAC tests, or challenge the admissibility of certain evidence. It’s their job to ensure a fair trial and protect your rights.

Navigating the Court System

Pre-trial hearings often involve negotiations between your attorney and the prosecution. Depending on the strength of the evidence, these negotiations might lead to reduced charges or alternative sentencing options. If an agreement isn’t reached, the case proceeds to trial.

During the DWI trial, both sides present their arguments and evidence. A jury or judge then determines your guilt or innocence. If convicted, sentencing follows, which can include fines, probation, mandatory alcohol education programs, community service, or even jail time.

Driver’s License Issues

A DWI arrest triggers an automatic driver’s license suspension. It’s essential to act quickly to prevent this suspension by requesting an ALR hearing. If your license is suspended, you might be eligible for an occupational or restricted license, which allows you to drive for specific purposes, such as work or essential activities.

Completing mandatory DWI education programs is often a requirement to reinstate your full driving privileges. These programs aim to educate offenders about the risks of drunk driving and help them make better choices in the future.

Impact on Insurance and Finances

A DWI conviction can significantly impact your insurance rates. You’ll likely need to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you’re carrying the state-mandated minimum insurance coverage. This requirement can lead to higher insurance premiums.

Managing fines and court costs is another important aspect. DWI convictions come with financial penalties, and it’s crucial to plan for these expenses as they can be substantial.

Alternative Resolutions

In some cases, alternative resolutions to a traditional trial might be available. Deferred adjudication allows you to complete probation and requirements set by the court in exchange for dismissing the charges. DWI intervention programs aim to address underlying issues that contribute to drunk driving behavior.

Expunction and non-disclosure are options to clear your record in certain circumstances. Expunction removes all records of the arrest, while non-disclosure limits who can access your criminal record.

Long-Term Consequences of a DWI

A DWI conviction can have far-reaching consequences beyond immediate legal penalties. It results in a criminal record, which can impact various aspects of your life, including employment opportunities, housing options, and educational pursuits. Some professions might be off-limits to individuals with DWI convictions.

For non-U.S. citizens, a DWI conviction can have immigration-related consequences, including deportation or denial of entry into the country. It’s crucial to understand the potential impact on your immigration status.

The Importance of Legal Representation

Having an experienced DWI attorney by your side is invaluable. They understand the complexities of DWI laws and can build a strong defense strategy tailored to your case. With their expertise, you have a higher chance of achieving a favorable outcome, whether through negotiation, trial, or alternative resolutions.

Navigating the Emotional Aspect

Facing a DWI charge can be emotionally overwhelming. Dealing with stress, anxiety, and uncertainty is normal. Seeking support from friends, family, or even professional counselors can help you cope with the emotional challenges. Remember, this experience can also serve as an opportunity for personal growth and positive change.

Staying Informed and Adapting

DWI laws and regulations can change over time, so staying informed is crucial. Keep up with legal updates and changes to ensure you’re aware of your rights and responsibilities. Making responsible choices, such as using designated drivers or rideshare services, can prevent future DWI incidents and their consequences.


Being charged with a DWI in Texas is a serious matter, but it’s not the end of the road. By understanding the legal process, your rights, and the potential consequences, you can take proactive steps to navigate this challenging situation. Seek legal representation, embrace personal growth, and stay informed to ensure a brighter and more responsible future.


Q1: Can I refuse to take a breathalyzer test in Texas? A: While you can refuse, there may be consequences, such as automatic driver’s license suspension. Consult with an attorney before making such decisions.

Q2: Will a DWI conviction always result in jail time? A: Not necessarily. The penalties for a DWI conviction vary based on several factors, including BAC levels, prior convictions, and any aggravating circumstances.

Q3: Can I expunge my DWI conviction from my record? A: Expunction is possible in specific cases, but it’s essential to consult with an attorney to determine if you’re eligible.

Q4: How can I find the right DWI attorney for my case? A: Research and meet with potential attorneys to assess their experience, expertise, and compatibility with your needs.

Q5: How long will a DWI conviction stay on my criminal record? A: A DWI conviction can stay on your criminal record permanently if not expunged. However, certain non-disclosure options might limit access to this information.