A Driving While Intoxicated (DWI) charge in Texas can have serious and lasting consequences. Beyond criminal penalties, a DWI can affect your driver’s license, employment, and reputation. At Gordon Law PLLC in Austin, we defend individuals accused of DWI and help them understand their options while navigating the legal process.
Texas DWI Law Explained
Under Texas Penal Code § 49.04, a person commits DWI if they operate a motor vehicle in a public place while either of the following applies:
- Having a blood alcohol concentration (BAC) of 0.08% or higher
- Lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances
A driver can still be charged even with a BAC below 0.08% if an officer alleges impairment.
DWI vs. DUI in Texas
- DWI (Driving While Intoxicated) applies to drivers 21 and older accused of intoxication.
- DUI (Driving Under the Influence) applies to drivers under 21 with any detectable alcohol in their system.
In Central Texas, most adult cases are charged as DWI, not DUI.
Penalties for DWI in Texas
First Offense DWI
- Class B misdemeanor
- Up to 180 days in jail
- Up to $2,000 fine
- Driver’s license suspension (90 days to 1 year)
Second Offense DWI
- Class A misdemeanor
- Up to 1 year in jail
- Up to $4,000 fine
- License suspension up to 2 years
Third or Subsequent DWI
- Felony offense
- 2–10 years in prison
- Up to $10,000 fine
- Long-term license suspension
Aggravating Factors
Penalties increase if:
- A child passenger was in the vehicle (state jail felony)
- The BAC was 0.15% or higher
- An accident caused serious injury or death (intoxication assault or manslaughter)
Administrative License Revocation (ALR) Hearings
A DWI arrest triggers two cases: the criminal case and the civil license case known as the Administrative License Revocation (ALR) process.
What Is an ALR Hearing?
The ALR process is handled by the Texas Department of Public Safety (DPS). If you fail a breath or blood test or refuse testing, DPS will seek to suspend your driver’s license.
You have only 15 days from the date of arrest to request a hearing. If you don’t, the suspension takes effect automatically.
Why the ALR Hearing Matters
The ALR hearing can:
- Decide whether your license is suspended
- Let your attorney cross-examine the arresting officer
- Preserve evidence for your criminal defense
Possible ALR Outcomes
- Suspension avoided: DPS fails to prove the case
- Suspension upheld: License suspended 90 days to 2 years
- Occupational license: Your attorney may help you drive legally for work, school, or essential needs
Collateral Consequences of a DWI Conviction
A DWI conviction can cause lasting damage:
- Higher insurance rates
- Job loss or limited career opportunities
- Professional license issues
- Travel restrictions (e.g., Canada)
- Immigration or security clearance problems
Legal Defenses in DWI Cases
Every DWI case is different. Potential defenses include:
- Challenging the traffic stop (Was there reasonable suspicion?)
- Field sobriety test errors (Improper administration or medical conditions)
- Chemical test issues (Inaccurate breathalyzer or chain of custody problems)
- Constitutional violations (Unlawful detention or questioning)
An experienced Austin DWI lawyer can review the facts and determine the best approach.
Why Local Representation Matters
DWI cases in Travis County and surrounding areas move quickly. Deadlines for license protection and discovery come fast. Having a local defense lawyer who knows the courts, prosecutors, and judges can make a difference.
At Gordon Law PLLC, we focus solely on criminal defense. We provide personalized representation and clear guidance through each step of the process.
Contact Gordon Law PLLC in Austin
A DWI charge can put your freedom, your license, and your future at risk. If you or someone you know has been charged with DWI in Austin or nearby communities, act quickly to protect your
Frequently Asked Questions About DWI in Texas
1. What’s the difference between DWI and DUI in Texas?
DWI applies to adults (21 +) accused of intoxication, while DUI applies to minors under 21 with any alcohol in their system.
2. Can I refuse a breath or blood test in Texas?
Yes, but refusal triggers an automatic license suspension under Texas’s implied-consent law and can be used against you in court.
3. What happens at an ALR hearing?
DPS presents evidence to suspend your license. Your attorney can cross-examine the officer and challenge the State’s proof.
4. How long will I lose my license after a DWI?
Suspensions range from 90 days to 2 years, depending on test results and prior history. An attorney may help you obtain an occupational license.
5. Can a DWI be reduced or dismissed in Texas?
Sometimes. It depends on the evidence, BAC, and circumstances. Each case is fact-specific.
6. Do I need a lawyer for a first-time DWI?
Absolutely. A lawyer can protect your rights, analyze the evidence, and seek dismissal or probation alternatives.
7. What is an occupational driver’s license?
It lets you drive legally for work, school, and essential activities while your normal license is suspended.
8. Will a DWI show up on my record forever?
Yes, unless it is dismissed and expunged or sealed under an order of nondisclosure.
9. Can I get probation for a DWI?
Yes. Probation is common for first-time offenders and often includes DWI education classes, community service, and an interlock device.
10. How soon should I contact a lawyer after a DWI arrest?
Immediately. You have only 15 days to request an ALR hearing to save your license.
📞 Call us today at:
(512) 678-9333 (WEED)
🏢 Visit us at:
600 W. 28th Street, Suite #106A, Austin, Texas 78705
Contact Gordon Law PLLC now to schedule a FREE confidential consultation with an Austin DWI defense lawyer.
⚖️ Disclaimer: This article and FAQ are for informational purposes only and do not constitute legal advice. Reading this page does not create an attorney-client relationship. For advice about your specific situation, please consult directly with an attorney.
