Texas DWI Laws: What You Need to Know If You’re Arrested

Driving While Intoxicated (DWI) is one of the most common criminal charges in Texas—and one of the most serious. A DWI conviction can carry hefty fines, license suspension, and even jail time. More importantly, it can have long-term effects on your job, reputation, and freedom.

If you’ve been arrested for DWI in Texas, it’s critical to understand the laws, potential penalties, and how a strong defense can make a difference in your case.

What Counts as DWI in Texas?

Under Texas Penal Code §49.04, you can be charged with DWI if:

Your blood alcohol concentration (BAC) is 0.08% or higher (for drivers 21 and older).

You are impaired due to drugs or alcohol, regardless of BAC level.

For commercial drivers, the BAC limit is 0.04%.

For drivers under 21, Texas has a zero-tolerance policy—any detectable alcohol can result in a charge.

Penalties for DWI in Texas

The consequences depend on your history and the circumstances of your arrest:

1. First Offense:

Fine up to $2,000

Up to 180 days in jail (minimum 3 days)

License suspension up to 1 year

2. Anything You Say Can Be Used Against You

Fine up to $4,000

Jail time up to 1 year

License suspension up to 2 years

3. The Right to an Attorney

Fine up to $10,000

Prison sentence of 2 to 10 years

License suspension up to 2 years

Additional penalties may apply if:

A child under 15 was in the car (DWI with Child Passenger).

There was an accident causing serious injury or death.

What to Do If You’re Arrested for DWI

Being pulled over and arrested for DWI can be overwhelming. Knowing your rights can make a major difference:

1. Stay Calm and Respectful – Arguing with the officer will only make things worse.

2. Know Your Miranda Rights – You have the right to remain silent and request an attorney. (Learn more about your Miranda Rights in Texas).

3. Do Not Admit Guilt – Anything you say can be used against you in court.

4. Contact a Criminal Defense Lawyer Immediately – The earlier an attorney is involved, the better your chances of reducing or dismissing charges.

How a Criminal Defense Lawyer Can Help

An experienced Texas criminal defense lawyer can:

Challenge the results of breathalyzer or blood tests

Question whether the traffic stop was legal

Negotiate for reduced penalties or alternative sentencing

Represent you at trial if necessary

At the Law Office of Silverio Martinez, we have successfully defended countless DWI cases in Laredo and throughout Texas. We understand how to protect your rights and fight for the best possible outcome.

If you or a loved one has been arrested for DWI in Texas, don’t face the system alone. Call the Law Office of Silverio Martinez at (956) 724-5047 for a consultation today. Protect your future with a defense team that knows how to fight back.