Driving while intoxicated (DWI) is a serious offense in Texas, with severe consequences that can range from fines and license suspension to jail time.

But is a DWI automatically a felony? The answer is: it depends.

Texas law takes a tiered approach to DWI offenses, with the severity of the charge increasing based on certain factors.

Understanding these factors can help you grasp the potential repercussions of a DWI charge and highlight the importance of seeking legal counsel immediately.

What is the difference between a DWI and a DUI?

In Texas, the terms “DWI” and “DUI” are often used interchangeably, but there is a subtle distinction.

DWI (Driving While Intoxicated):

Applies to adults operating a motor vehicle while impaired by alcohol or drugs.

This impairment can be demonstrated through a blood alcohol concentration (BAC) at or above the legal limit of 0.08%, or by evidence of impaired faculties even if the BAC is below the limit.

DUI (Driving Under the Influence):

A specific charge applied to minors (under 21 years old) who have any detectable amount of alcohol in their system.

Texas has a zero-tolerance policy for underage drinking and driving.

For the purposes of this blog, we will primarily use the term “DWI” to encompass both scenarios.

What is the legal BAC limit in Texas?

As mentioned above, the legal BAC limit in Texas is 0.08%. If your BAC is at or above this limit, you can be charged with DWI.

However, it’s important to remember that you can still be arrested and charged with DWI even if your BAC is below 0.08% if the officer believes your driving abilities are impaired by alcohol or drugs.

What is the penalty for the first DWI offense?

A first DWI offense in Texas is typically a Class B misdemeanor, punishable by:

• Fines: Up to $2,000
• Jail time: Between 3 and 180 days
• License suspension: 90 to 365 days
• Annual surcharge: $1,000 or $2,000 for three years to retain your driver’s license

However, the penalties can be enhanced based on certain aggravating factors, which we’ll discuss below.

When does a DWI become a felony in Texas?

While a first DWI offense is usually a misdemeanor, subsequent offenses or the presence of certain aggravating factors can elevate the charge to a felony.

Here are the common scenarios:

Third DWI offense

A third DWI offense is a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.

DWI with a child passenger

If a child under 15 years old is in the vehicle at the time of the offense, it is automatically a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.

Intoxication Assault

If you cause serious bodily injury to another person while driving while intoxicated, it is a third-degree felony.

Intoxication Manslaughter

If you cause the death of another person while driving while intoxicated, it is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

How much does a DWI lawyer cost?

The cost of a DWI lawyer in Texas can vary significantly depending on several factors, including:

• The lawyer’s experience and reputation: More experienced attorneys generally charge higher fees.
• The complexity of your case: Cases involving aggravating factors like accidents or prior offenses will likely cost more.
• The location of your case: Legal fees can vary depending on the city and county where you were arrested.

It’s crucial to discuss fees upfront with any potential dwi attorney and get a clear understanding of their billing structure.

Many attorneys offer free initial consultations to discuss your case and provide a fee estimate.

They have experienced attorneys who can provide skilled representation and guide you through the legal process.

Can you get a DWI dismissed?

While it’s not always guaranteed, it is possible to get a DWI dismissed in Texas.

An experienced DWI attorney can explore various legal strategies to achieve this, such as:

• Challenging the traffic stop: If the officer lacked probable cause to stop your vehicle, evidence obtained during the stop, including your BAC results, may be suppressed.
• Questioning the accuracy of the breathalyzer or blood test: There may be issues with the administration, calibration, or maintenance of the testing equipment.
• Negotiating a plea bargain: In some cases, the prosecutor may be willing to reduce the charges or offer alternative sentencing options, such as probation or a pretrial diversion program.

What happens if you refuse a breathalyzer?

Texas has an “implied consent” law, meaning that by driving on Texas roads, you automatically consent to a breathalyzer or blood test if lawfully arrested for DWI.

Refusing a breathalyzer can lead to:

• Automatic license suspension: Your driver’s license will be automatically suspended for 180 days for a first refusal, and two years for a second or subsequent refusal.
• Possible use of refusal as evidence against you: While your refusal cannot be used as direct evidence of guilt, the prosecutor can still inform the jury of your refusal, which may be interpreted negatively.
• Forced blood draw: In some cases, a judge may issue a warrant for a forced blood draw if you refuse a breathalyzer.

How long does a DWI stay on your record?

A DWI conviction in Texas stays on your driving record permanently.

However, after five years, you can apply to have the conviction removed from your record for non-driving purposes, such as employment background checks.

This is known as an “order of nondisclosure.”

It’s important to note that even with an order of nondisclosure, the DWI will still be visible to law enforcement and will be considered for any future DWI offenses.

Can you expunge a DWI?

While you can’t completely expunge a DWI from your record in Texas, an order of nondisclosure, as mentioned above, can limit its visibility for certain purposes.

To be eligible for an order of nondisclosure, you must meet certain conditions, including:

• Completing all the terms of your sentence, including probation, fines, and community service.
• Not having any other DWI convictions within the past five years.
• Not having any felony convictions.

Can you get a job with a DWI?

Having a DWI on your record can make it more challenging to find employment, especially in certain fields like transportation or healthcare.

However, it is not impossible. Some employers may be more lenient, especially if the DWI was a first-time offense and you have demonstrated rehabilitation.

It’s essential to be honest about your DWI conviction during the job application process.

An order of nondisclosure can help limit the impact on your employment prospects.

Need Help with a DWI Charge?

A DWI charge in Texas can have serious and long-lasting consequences.

If you are facing DWI or DUI charges, it is crucial to seek legal representation as soon as possible.

An experienced DWI attorney can help you understand your rights, explore your legal options, and fight to protect your future.

Their skilled attorneys have a deep understanding of Texas DWI laws and can provide the dedicated representation you need during this challenging time.

Don’t face these charges alone – get the legal support you deserve.