Being arrested for driving while intoxicated (DWI) can be one of the most stressful and disorienting experiences you’ll ever face. Beyond the embarrassment or shock, there are serious legal consequences at stake—fines, license suspension, possible jail time, and a criminal record that can follow you for years. But you have rights, and you have options. If you’ve been charged with a DWI in Texas, this guide will walk you through what you’re up against—and how legal representation can make all the difference.

What You’re Facing: Texas DWI Laws and Penalties

Texas takes DWI offenses seriously, and the law reflects that with strict penalties. A first-time DWI is typically a Class B misdemeanor, but depending on your blood alcohol concentration (BAC) or if there was a child in the car, the charge can escalate quickly. For example, if your BAC is 0.15 or higher, the charge bumps up to a Class A misdemeanor. Having a child passenger turns it into a felony.

Penalties for a first offense can include up to 180 days in jail, thousands of dollars in fines, and the loss of your driver’s license for up to a year. Second and third offenses carry much steeper consequences, including mandatory jail time and multi-year license suspensions. And that’s just the criminal side—there are also administrative penalties, like surcharges and license reinstatement fees, imposed by the Texas Department of Public Safety. For many people, the fallout touches every part of their life: work, family, finances, and freedom.

Building a Strong DWI Defense

A DWI charge isn’t a conviction—and there are legitimate ways to fight back. Depending on the facts of your case, an attorney can challenge how the stop occurred, how evidence was gathered, and whether your rights were upheld throughout the process.

One common area of defense is questioning whether the traffic stop was legal. Police must have a valid reason to pull you over; if they didn’t, any evidence obtained afterward—like field sobriety tests or breathalyzer results—may be thrown out. Another defense focuses on the accuracy of those tests. Were they administered properly? Was the breathalyzer calibrated? Did the officer have proper training? Even small errors in procedure can undermine the prosecution’s case.

Every DWI case is different. Some people may benefit from challenging the evidence head-on, while others may consider negotiating reduced charges or seeking diversion programs. The key is working with an attorney who understands Texas DWI law and who will take the time to examine every detail of your arrest.

What to Do Immediately After a DWI Arrest

What you do in the hours and days after a DWI arrest can have a huge impact on your case. First, don’t talk to the police about the details of your arrest without an attorney present. You have a right to remain silent, and you should use it. Anything you say—whether you think it’s harmless or helpful—can be used against you later.

Next, act quickly to protect your driver’s license. In Texas, you have just 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. If you miss this deadline, your license will be automatically suspended. An attorney can help you file for the hearing and begin preparing a defense that may preserve your driving privileges.

Most importantly, get legal representation as soon as possible. The sooner you speak with a lawyer, the more time they’ll have to gather evidence, interview witnesses, and identify weaknesses in the case against you. Your future is on the line—don’t wait to get help.

FAQs About DWI Charges in Texas

Can I refuse a breath or blood test in Texas?
Yes, you can refuse a breath or blood test in Texas, but there are consequences. Under Texas’s "implied consent" law, refusing chemical testing can result in an automatic license suspension—usually for 180 days on a first offense. That’s in addition to any suspension that might come from a DWI conviction itself. While refusal may deny prosecutors a key piece of evidence, the refusal can still be used against you in court. Some officers may also obtain a warrant to force a blood draw. Before making any decision during a traffic stop, it’s critical to know your rights and understand the potential fallout.

Will a DWI stay on my record forever?
In many cases, yes—a DWI conviction in Texas will remain on your criminal record indefinitely. Texas does not offer traditional expungement for DWI convictions, meaning the charge will be visible to employers, landlords, and others performing background checks. However, if your DWI case was dismissed or you were found not guilty, you may qualify for expunction. Additionally, some people may be eligible to have their records sealed through an order of non-disclosure, which limits public access to the information. These options are narrow and fact-specific, so speaking with an attorney is the best way to explore what may be available to you.

Is jail time mandatory for a first DWI?
Not always. While the law allows for jail time—even for first-time offenders—it’s not necessarily mandatory. Courts have discretion in sentencing, and alternatives such as probation, community service, or alcohol education programs are sometimes available. The final outcome depends on a variety of factors: your BAC level, whether there was an accident involved, your cooperation during the arrest, and the quality of your legal defense. A knowledgeable attorney can often negotiate for reduced penalties or probation to help avoid time behind bars, especially for a first offense.

What if I was charged with DWI and it wasn’t my first?
If this isn’t your first DWI offense, the stakes are significantly higher. A second DWI is classified as a Class A misdemeanor and carries up to one year in jail, steeper fines, and a longer license suspension. A third offense is a felony, with the possibility of two to ten years in prison. Additionally, prior convictions can disqualify you from certain types of plea bargains or probation options. However, not all prior offenses are treated equally—how recent they are, where they occurred, and the specifics of each case matter. An experienced attorney can help evaluate your record and build a strategy to protect your rights and minimize penalties.

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Clear Answers. Real Support. Local Advocacy.

A DWI charge is serious—but you’re not powerless. With the right legal help, you can protect your rights, limit the damage, and take back control of your future. Farrell Law Office is here to guide you through every step, with practical advice and experienced representation.

Call 509-402-3096 or send us a message to schedule a free consultation with Tom today.