Facing a charge for a DWI can be one of the most stressful and life-changing events a person can experience. If you are wondering “what is a DWI,” you’re not alone, and you’re in the right place for clear, local insight from a Houston-based law firm that understands the legal system inside and out.
We help clients across Texas understand DWI charges, navigate complex court procedures, and take control of their future. Whether you’re facing your first DWI arrest or a repeat offense, our Houston DUI/DWI lawyer provides the experienced legal guidance you need to protect your rights, your license, and your reputation.
DWI vs DUI – Understanding the Difference
Many people use the terms DWI (Driving While Intoxicated/Impaired) and DUI (Driving Under the Influence) interchangeably, and in everyday speech, they often mean the same thing. But legally in Texas and elsewhere, the differences can matter. While Texas primarily uses the term DWI under its criminal law statute for intoxicated driving, some other states emphasize DUI. What’s important is this: if you are charged with any offense that involves alcohol or drugs and driving, you are facing serious consequences.
In Texas, the “zero tolerance” rule also applies: drivers under age 21 who operate a vehicle with any detectable amount of alcohol may face a DWI under youth statutes. Knowing the difference helps you understand exactly what you’re being charged with, and what the stakes are.
What Constitutes a DWI in Texas
In plain terms, a DWI occurs when someone is operating a motor vehicle in a public place while intoxicated. In Texas law, that means either:
- You do not have the normal use of your mental or physical faculties because of alcohol, drugs (legal or illegal), or a combination of substances; or
- You have a blood alcohol concentration (BAC) of 0.08% or more for adult drivers.
For commercial drivers, the legal BAC limit is lower (typically 0.04%). For drivers under age 21, any detectable amount of alcohol can trigger a charge under zero‑tolerance rules. The Texas statutes cover these situations under specific penal code sections:
- Penal Code § 49.04 – Driving While Intoxicated: Covers standard DWI (operating while intoxicated).
- Penal Code § 49.045 – DWI with Child Passenger: Applies when a child passenger under age 15 is present during the offense.
- Penal Code § 49.07 – Intoxication Assault: Addresses causing serious bodily injury while intoxicated.
- Penal Code § 49.08 – Intoxication Manslaughter: Covers causing death, including an unborn child, while intoxicated.
- Penal Code § 49.09 – Enhanced Offenses and Penalties: Outlines harsher penalties for repeat DWI offenses.
- Transportation Code § 724.011 – Implied Consent: Requires that anyone arrested for DWI consent to breath or blood testing.
DWI Classifications and Levels in Texas
DWI charges in Texas are classified by prior offenses and the severity of the incident. Penalties vary from fines and jail time to license suspension. Knowing these levels helps you understand potential consequences and plan a defense.
1. First-Time DWI
A first-time DWI is usually classified as a Class B misdemeanor. Penalties can include fines up to $2,000, 3–180 days in jail, and a license suspension of up to one year. Even a first offense can affect insurance rates, employment opportunities, and your criminal record.
2. Second DWI Offense (within 5 years)
A second DWI offense is typically a Class A misdemeanor. Fines may reach $4,000, jail time can range from one month to one year, and the driver’s license may be suspended for up to two years. Repeat offenses also have lasting impacts on personal and professional life.
3. Third DWI Offense (within 10 years)
The third DWI is treated as a third-degree felony. Convictions may carry fines up to $10,000, prison sentences between two and ten years, and a license suspension of up to two years. This level often triggers more severe consequences, including mandatory rehabilitation programs.
4. Aggravated / Enhanced DWI
Aggravated DWI offenses occur under circumstances like having a child passenger, causing serious injury, or causing a fatality. Repeat offenders within short periods also face enhanced penalties, including longer jail time, higher fines, and possible ignition interlock requirements. The penalties escalate based on prior offenses and the severity of the incident.
The DWI Arrest Process
What happens after you’re pulled over, arrested, and charged? Knowing the sequence helps you respond intelligently and safeguard your rights.
- Traffic Stop / Evidence of Impairment: Officers may notice signs such as weaving, speeding, slurred speech, the odor of alcohol, or open containers in the vehicle.
- Field Sobriety Tests & Breath/Blood Tests: If impairment is suspected, you may be asked to perform roadside tests or submit to breath or blood testing. Under Texas implied consent laws, refusing these tests can result in automatic license suspension.
- Booking and Charges: After arrest, you are booked, formally charged with DWI, and may be held until bail or release is arranged.
- Administrative License Revocation (ALR) Hearing: Texas drivers have 15 days from arrest to request a hearing to challenge a license suspension. Failure to act within this window results in automatic suspension.
- Criminal Court Proceedings: Includes arraignment, plea negotiations, motions, trial, or plea agreements.
- Special Circumstances:
- Driving under the influence of prescription medication, illegal drugs, or a mixture of substances.
- Commercial drivers are subject to stricter blood alcohol limits.
- Drivers under 21 face zero tolerance for any detectable alcohol.
- DWI cases involving minors in the vehicle, accidents, or injuries may be charged as felonies.
- Driving under the influence of prescription medication, illegal drugs, or a mixture of substances.
Penalties and Consequences of a DWI in Texas
Beyond the jail time, fines, and suspension periods spelled out above, many collateral consequences affect day‑to‑day life.
- License Suspension or Revocation – Even a first offense can mean up to 1 year off the road.
- Ignition Interlock Device – Many convictions (especially repeat or aggravated ones) require installation of an ignition interlock.
- High Insurance Premiums – Your car insurance rates may skyrocket, or you may be dropped altogether.
- Employment & Reputation – A criminal record for DWI can affect job prospects (especially for roles requiring driving or security clearance).
- Financial Costs – Court costs, attorney fees, fines, increased insurance, costs of alternate transportation, easily running into thousands of dollars.
- Personal & Family Stress – Family dynamics, travel issues, loss of independence, and emotional toll.
Legal Assistance and Defense Options
When you are charged with a DWI in Houston, the right legal counsel can make a major difference. At Juan L. Guerra, Jr. & Associates, our focus is on aggressive, knowledgeable representation tailored to DWI cases.
Why do you need a DWI attorney?
- Complex legal landscape – Texas DWI law involves criminal statutes, administrative license rules, evidence challenges, and plea/trial strategy.
- Time is critical – That 15‑day ALR window means prompt action can preserve your driving rights.
- Evidence matters – We examine everything from the legality of the traffic stop to the accuracy of breath/blood tests and sobriety administration.
- Defenses exist – Potential strategies include challenging probable cause, raising errors in testing, medical issues affecting results, or negotiating plea alternatives.
- Tailored to Houston courts – Local knowledge of Harris County, judges, prosecutors, and court practices gives you an edge.
What to do
- Conduct a thorough review of the arrest, evidence, and statutes.
- File necessary motions and hearings (including the ALR hearing).
- Build a strong defense strategy: challenging test reliability, procedural errors, or negotiating a reduction.
- Guide you through every step, from arrest to resolution, with clarity and advocacy.
Speak with JLG Law Office About Your DWI Case
If you’re facing a DWI charge, don’t wait to take action. A DWI can affect your job, finances, and even your freedom, but you don’t have to face it alone. JLG Law Office can guide you through every stage of the legal process, from protecting your driver’s license to building a strong defense. Acting quickly after an arrest can make a critical difference in the outcome of your case.
Take the first step toward protecting your future today. Contact JLG Law Office for a confidential consultation to discuss your situation and explore your legal options. With experienced representation on your side, you can move forward with confidence and start rebuilding your life.
