Under Texas Penal Code §49.04, a person commits DWI if they operate a motor vehicle in a public place while intoxicated.
“Intoxicated” means either:

• Not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances, OR
• Having an alcohol concentration of 0.08 or more

Does the State have to prove intent to commit DWI?

No. Under Texas Penal Code §49.04, the State does not need to prove that you intended to drive while intoxicated—only that you operated a motor vehicle in a public place while intoxicated.

Is it illegal to drink and then drive in Texas?

No. It is not illegal to drink and then drive. It is illegal to drink to the point of intoxication and then operate a motor vehicle in a public place.

What are the penalties for a first DWI offense in Texas?

A first DWI offense is typically a Class B misdemeanor under Texas Penal Code §49.04, punishable by:

• Fine up to $2,000
• Jail time up to 180 days
• Driver’s license suspension up to 1 year

What are the penalties for a second DWI offense?

A second DWI offense is a Class A misdemeanor, punishable by:

• Fine up to $4,000
• Jail time up to 1 year
• Driver’s license suspension up to 2 years

What happens if I get a third DWI in Texas?

A third DWI offense is a Third-Degree Felony under Texas Penal Code §49.09, punishable by:

• Fine up to $10,000
• Prison sentence of 2–10 years
• Driver’s license suspension up to 2 years

Are there enhanced penalties for certain DWI cases?

Yes. Enhanced penalties apply if:

• BAC is 0.15 or higher (Class A misdemeanor)
• Open container is present in the vehicle
• Accident causes injury or death (can lead to Intoxication Assault or Manslaughter under Texas Penal Code §§49.07–49.08)

Will my driver’s license be suspended after a DWI?

License suspension depends on the case:

• A first DWI conviction may not add extra suspension if we win your ALR hearing, or you receive community supervision and complete required classes.
• Administrative license suspension can occur just for being arrested and charged, even before conviction.

Can probation or ignition interlock devices be required?

Yes. Courts often impose probation and require ignition interlock devices for repeat offenders or high BAC cases.

Why should I hire a Board Certified Criminal Defense Attorney for a DWI case?

DWI charges carry severe consequences—jail time, fines, license suspension, and a permanent criminal record. A skilled attorney can:

• Challenge the evidence (breath/blood tests)
• Protect your rights
• Negotiate for reduced penalties or dismissal
• Represent you in court

David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has extensive experience defending DWI cases in Houston and Harris County.

What should I do if I’m charged with DWI in Texas?

Act immediately. Contact David Smith Law Firm, PLLC for a free consultation. We’ll review your case, explain your options, and when we are retained, fight for the best possible outcome.