Texas DWI Lawyers
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The Penalties for a DWI Conviction in Texas
Texas Penal Code § 49.04 sets DWI penalties on a sliding scale that climbs with each offense and with any aggravating facts in the case. A first arrest is usually a misdemeanor, but a prior record, a high blood alcohol concentration, or harm to another person can push a charge into felony territory fast. The breakdown below shows what each conviction level carries under current Texas law.
First DWI Conviction
- Classification: Class B misdemeanor
- Jail Time: 72 hours to 180 days
- Fine: Up to $2,000
- License Suspension: Up to one year
First-time drivers with a blood alcohol concentration of 0.15 or higher face an upgraded Class A misdemeanor with penalties closer to a second offense.
Second DWI Conviction
- Classification: Class A misdemeanor
- Jail Time: 30 days to one year
- Fine: Up to $4,000
- License Suspension: Up to two years
Third DWI Conviction
- Classification: Third-degree felony
- Prison Sentence: Two to 10 years
- Fine: Up to $10,000
- License Suspension: Up to two years
Enhanced State Fines for Intoxication Offenses
On top of the criminal fines above, Texas adds a separate annual civil fine for intoxication convictions. The amount depends on the offense: $3,000 for a first conviction within 36 months, $4,500 for a second, and $6,000 for any conviction with a blood alcohol concentration of 0.16 or higher. These replaced the old Driver Responsibility surcharge, which Texas repealed in 2019. You can review the current penalty structure in the Texas Penal Code.
Aggravating Factors That Increase Penalties
Certain facts push a DWI beyond the standard range. A very high blood alcohol concentration, property damage, or an injury or death from the incident can each raise the charge and the punishment. Driving impaired with a passenger under 15 is its own state jail felony under Texas Penal Code § 49.045, punishable by 180 days to two years in a state jail, a fine up to $10,000, and an added 180-day license suspension.
DWI Defense by County
A DWI case is handled in the county where the arrest happened, and local courts, prosecutors, and judges each run things a little differently. Our Texas DWI lawyers appear regularly in courts across the DFW area and build every defense around the specific county handling the case. Choose your county below to learn how we defend DWI charges there.
Ellis County DWI Lawyers | Johnson County DWI Lawyers | Tarrant County DWI Lawyers | Dallas County DWI Lawyers
Frequently Asked Questions About DWI Arrests in Texas
Stay calm and say as little as possible. Anything you tell officers can be used against you, so politely decline to answer questions until a lawyer is present. Then contact a Texas DWI lawyer right away. The sooner an attorney reviews the stop, the testing, and the paperwork, the stronger your defense, and early help protects the deadlines and evidence that disappear fast after an arrest.
Penalties depend on your blood alcohol concentration, whether it is a first or repeat offense, and any aggravating facts. A first DWI is a Class B misdemeanor carrying up to $2,000 in fines, up to 180 days in jail, and a license suspension. The charge climbs to a Class A misdemeanor for a high BAC or a second offense, and to a felony for a third offense or when someone is injured. First offenders with no aggravating factors may qualify for probation instead of jail.
Yes. A strong defense can challenge the traffic stop, the accuracy of breath or blood tests, and how field sobriety tests were given. If police lacked probable cause or the testing was flawed, that evidence may be thrown out, which can weaken or end the case against you. A Texas DWI lawyer reviews every step of your arrest to find those openings.
You have 15 days from the date of your arrest to request an ALR hearing, short for Administrative License Revocation. Miss that window and your license is suspended automatically, separate from anything that happens in your criminal case. Requesting the hearing in time is the only way to keep your license active while your case moves forward, and a Texas DWI lawyer can file the request and represent you at that hearing.
Both sides present evidence and question witnesses. The prosecution tries to prove you were intoxicated, often through the arresting officer, the breath or blood results, and the field sobriety tests. Your lawyer works to challenge each of those, from the reason for the stop to how the testing was done. You decide whether to testify, and a Texas DWI lawyer prepares you for every stage so nothing catches you off guard.
The cost of hiring a DWI lawyer in Texas depends on the complexity of your case, whether it goes to trial, and the attorney’s experience. Many DWI lawyers charge a flat fee or offer payment plans rather than billing by the hour, so you know the cost up front. McCarty-Larson, PLLC offers free consultations and payment plans, which means you can understand the full cost and your options before you commit to anything.
Usually not directly. Texas courts do not notify most employers when someone is arrested for a DWI. The main exception is jobs that require a commercial driver’s license or regular driving-record checks, such as trucking, delivery, and transportation roles, where an employer often learns of the arrest through routine reviews. Check your company’s policy, because some contracts require you to report a charge yourself, and being upfront can sometimes protect your job better than staying silent.
Contact a Texas DWI Lawyer at McCarty-Larson, PLLC
If you have been arrested for a DWI in Texas, the clock is already running. You have 15 days from the date of your arrest to request an ALR hearing, or your driver’s license will be automatically suspended. Acting quickly is the single most important thing you can do to protect your rights.
The Texas DWI lawyers at McCarty-Larson, PLLC have decades of combined criminal defense experience, including former prosecutors and law enforcement officers who understand both sides of a DWI case. We have helped clients in Ellis, Johnson, Tarrant, and Dallas counties challenge breath tests, suppress unlawful stops, and get charges reduced or dismissed.
Call us at 972-775-2100 or contact our office online for a free, confidential consultation. We are ready to start building your defense today.
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We Proudly Serve the Following Communities
Ellis County including the cities of Ennis, Waxahachie, Midlothian, Red Oak, Ferris, Palmer, Italy, Milford, Maypearl, Garrett, Pecan Hill, Alma, Oak Leaf, and Bardwell.
Johnson County including the cities of Cleburne, Burleson, Joshua, Keene, Alvarado, Godley, Grandview, Venus, Rio Vista, Briaroaks, Cross Timber, Coyote Flats, and Joshua.
Tarrant County including the cities of Fort Worth, Arlington, Grand Prairie, Mansfield, Euless, North Richland Hills, Bedford, Grapevine, Haltom City, Keller, Hurst, Southlake, Colleyville, Saginaw, Watauga, White Settlement, Azle, Forest Hill, Lake Worth, Richland Hills, River Oaks, Sansom Park, Westworth Village, Benbrook, Crowley, Blue Mound, Edgecliff Village, Everman, Pantego, Dalworthington Gardens, and Kennedale.
Dallas County including the cities of Dallas, Garland, Irving, Grand Prairie, Mesquite, Carrollton, Richardson, Rowlett, DeSoto, Duncanville, Cedar Hill, Lancaster, Farmers Branch, Balch Springs, Coppell, Seagoville, Glenn Heights, Sachse, Wilmer, Hutchins, Addison, Sunnyvale, Cockrell Hill, Highland Park, and University Park.
