Texas DWI Laws — Charges, Penalties & the ALR Process

Texas DWI Law — The Short Answer

Under Texas Penal Code §49.04, a person commits Driving While Intoxicated by operating a motor vehicle in a public place while intoxicated. Texas defines intoxication two ways: a BAC of 0.08 or above (the per se standard), or not having the normal use of mental or physical faculties by reason of alcohol, a controlled substance, or any combination. A first offense is a Class B misdemeanor. There is no deferred adjudication for DWI at any charge level — every plea is a permanent conviction. The ALR license suspension process runs on a separate, parallel 15-day clock that starts at arrest.

Two Definitions of Intoxication Under Texas Law

Definition 1 — Per Se (BAC). You were intoxicated if your blood alcohol concentration was 0.08 or above at the time of driving. The prosecution proves this with a breath test (Intoxilyzer 9000) or a blood draw analyzed by the Travis County Medical Examiner. The defense challenges whether the machine was properly maintained and calibrated, whether the blood draw chain of custody was unbroken, and whether the result accurately reflects BAC at the time of driving versus the time of testing.

Definition 2 — Impairment (Loss of Normal Use). You were intoxicated if you did not have the normal use of your mental or physical faculties by reason of alcohol, a controlled substance, or any combination. The prosecution proves this through the arresting officer’s observations and the standardized field sobriety test results. The defense challenges whether the SFST was administered correctly under NHTSA protocol, whether the officer was currently certified, and whether external factors explain the observations.

The prosecution only needs to prove one of these two definitions. Both are independently attackable on every Austin DWI case.

Texas DWI Charge Levels & Penalties

The charge level depends on prior DWI history, the BAC result, and the specific facts of the arrest. Each level carries different penalties, different prosecution offices in Travis County, and different long-term consequences.

DPS annual surcharges apply after conviction: $1,000–$2,000 per year for 3 years ($3,000–$6,000 total). A DWI conviction permanently enhances every future DWI charge with no time limit under Penal Code §49.09. Mandatory ignition interlock for BAC ≥0.15 (1st offense) and all second offenses.

No Deferred Adjudication for DWI in Texas — Ever

Texas Code of Criminal Procedure Art. 42A.102 explicitly prohibits deferred adjudication for DWI at any charge level — first offense, second offense, felony. For virtually every other criminal charge in Texas, deferred adjudication gives defendants a path to complete probation and have the charge dismissed without a permanent conviction. For DWI, that path does not exist.

A DWI plea in Texas is a permanent conviction the moment the judge accepts it. There is no probation that leads to dismissal, no sealing option after conviction, and no expungement available after a DWI conviction. The only outcomes that protect your record are dismissal before trial or acquittal at trial. This is why every Austin DWI attorney at The Hull Firm pursues dismissal as the primary goal, regardless of charge level.

The 15-Day ALR Hearing — The Clock That Starts at Arrest

A DWI arrest in Texas starts two separate legal proceedings simultaneously. The criminal case moves through the courts. The Administrative License Revocation (ALR) proceeding runs under Texas Transportation Code §524 on its own timeline with a deadline that cannot be extended.

When the officer issued the DIC-25 notice at the scene, a 15-day clock started. You have exactly 15 days from the date of your DWI arrest to request an ALR hearing with the Texas Department of Public Safety. Miss the deadline and your license is automatically suspended at day 40:

• First offense — failed breath or blood test: 90-day suspension
• First offense — refusal to test: 180-day suspension
• Second or subsequent offense — failed test: 1-year suspension
• Second or subsequent offense — refusal: 2-year suspension

The Hull Firm files the ALR hearing request on the same day you retain us, before any other step in the defense. Beyond protecting your license, the ALR hearing has a second strategic purpose: we subpoena and cross-examine the arresting officer under oath before the criminal trial. That sworn testimony locks in their account and becomes available for suppression arguments in the criminal case.

DPS Surcharges — The Hidden Cost of a DWI Conviction

In addition to criminal fines, a DWI conviction triggers DPS annual surcharges:

• DWI first offense: $1,000 per year for 3 years ($3,000 total)
• DWI with BAC ≥0.16: $2,000 per year for 3 years ($6,000 total)
• DWI second offense within 36 months: $1,500 per year for 3 years

These surcharges are paid annually to maintain driving privileges and are in addition to criminal court fines. The full financial cost of a DWI conviction typically exceeds $10,000 when fines, surcharges, ignition interlock, and insurance increases are combined.

DWI vs. DUI in Texas — The Legal Difference

DUI under TABC §106.041 applies only to drivers under 21 and requires only any detectable amount of alcohol — no 0.08 BAC threshold. DUI is a Class C misdemeanor (fine only, no jail). A driver under 21 with a BAC of 0.08 or above faces a full DWI charge, not a DUI. DWI is significantly more serious: minimum Class B misdemeanor, jail exposure, permanent record, no deferred adjudication, lifetime enhancement on future charges.

Texas DWI FAQ