Houston DWI FAQ
Straight answers to the questions people ask most after a DWI arrest in Houston. Leslie LeGrand is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a former Harris County prosecutor, and has 24 years of experience as a Texas lawyer.
Free DWI ConsultationFormer Harris County prosecutor · 24 years in Texas criminal law
General Information, Not Legal Advice
Every DWI case turns on its own facts, and Texas law changes. These answers explain the general rules. Talk with a lawyer about your specific situation, and remember that no particular outcome can be promised.
DWI Basics Questions
What is the legal limit for DWI in Texas?
Texas defines intoxication two ways: an alcohol concentration of 0.08 or more, or not having the normal use of your mental or physical faculties because of alcohol, drugs, or another substance. That means a person can be charged with DWI even below 0.08.
Can I be charged with DWI for prescription or over-the-counter drugs?
Yes. The law covers any substance that causes a loss of normal use of your faculties, including legally prescribed medication. These cases often depend heavily on officer observations and toxicology, which can be challenged.
Do I have to do field sobriety tests?
Standardized field sobriety tests are voluntary in Texas, and unlike a breath or blood test refusal, declining them does not by itself trigger a license suspension. Officers may still arrest based on other observations.
Do I have to give a breath or blood sample?
Texas has an implied consent law, but you can refuse. A refusal can lead to an administrative license suspension, and officers frequently seek a search warrant for a blood draw. See our page on breath and blood test refusal.
DWI Penalties Questions
What are the penalties for a first DWI in Texas?
A first DWI is usually a Class B misdemeanor with a range of 72 hours to 180 days in jail and a fine of up to $2,000. If the alcohol concentration was 0.15 or more, it becomes a Class A misdemeanor with up to one year in jail and a fine of up to $4,000. Probation may be available. See first-offense DWI in Houston.
What happens if I had an open container?
An open container of alcohol in the passenger area at the time of the offense raises the minimum jail term for a first DWI to six days.
How serious is a second or third DWI?
A second DWI is generally a Class A misdemeanor carrying 30 days to one year in jail and a fine of up to $4,000. A third DWI is generally a third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000. See second-offense and felony DWI defense.
Is it a felony to have a child in the car?
Yes. DWI with a passenger younger than 15 is a state jail felony, even on a first offense, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000.
What if someone was injured or killed?
A DWI-related accident causing serious bodily injury can be charged as intoxication assault, and one causing death as intoxication manslaughter. Both are felonies. See intoxication assault and manslaughter defense.
DWI License Questions
How long do I have to fight a license suspension?
After a DWI arrest involving a refusal or a test result of 0.08 or more, you generally have 15 days from receiving the notice of suspension to request an ALR hearing. If no hearing is requested, the suspension takes effect automatically. See Texas ALR hearings.
How long is the administrative suspension?
For an adult, a breath or blood test failure generally brings a 90-day suspension, and a refusal generally brings a 180-day suspension. Longer periods apply if you have prior alcohol- or drug-related contacts within the past 10 years.
Can I still drive to work if my license is suspended?
Often, yes. Many drivers qualify for an occupational driver’s license that allows driving for work, school, and essential household duties, sometimes with an ignition interlock requirement.
DWI Your Record Questions
Can I get deferred adjudication for a DWI?
For offenses committed on or after September 1, 2019, deferred adjudication may be available for some first-time DWI charges, but not if the alcohol concentration was 0.15 or more or the person held a commercial driver’s license. An ignition interlock is typically required.
Can a DWI be expunged or sealed?
Expunction applies only when a DWI arrest did not result in a conviction—meaning you were acquitted at trial, the charge was dismissed or no-billed, you were never formally charged, or you were pardoned. A DWI conviction can never be expunged, but an eligible first-time DWI (with an alcohol concentration under 0.15 and no accident involving another person) may be sealed through an Order of Nondisclosure after the waiting period, hiding it from most private background checks, employers, and landlords while law enforcement and government agencies can still see it. See expunction and orders of nondisclosure.
How can a lawyer help with blood or breath test results?
Breath and blood evidence depends on proper collection, instrument maintenance, chain of custody, and laboratory procedure. A careful review can reveal problems with how the evidence was obtained or analyzed. See DWI blood and breath test defense.
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