DWI/DUI Terms, Laws & Essential Resources
Understanding DWI laws in Texas is crucial if you’re facing charges or want to stay informed about legal consequences, penalties, and defense strategies. This resource page provides key legal definitions, important statutes, and essential tools to help navigate Texas DWI laws effectively.
On This Page You’ll Find:
Key DWI Law Terms
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Texas DWI Laws & Penalties
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License Suspension & ALR Hearings
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DWI Evidence & Testing
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Online Tools, Resources & Articles
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Complete DWI/DUI Legal Guide from Our Expert Attorneys
Visit PageKey Terms to Understand DWI & DUI Laws
- Absorption Rate: The rate at which alcohol enters the bloodstream, influenced by factors such as food consumption and metabolism.
- BAC (Blood Alcohol Concentration): The percentage of alcohol in a person’s blood, measured via breath, blood, or urine tests.
- Breathalyzer & Intoxilyzer: Devices used to measure BAC by analyzing breath samples.
- Implied Consent Law: Under Texas law, having a driver’s license means you have implicitly agreed to BAC testing when suspected of DWI. Refusal can result in license suspension.
- Ignition Interlock Device: A breathalyzer installed in a vehicle that prevents it from starting if alcohol is detected in the driver’s breath.
DWI vs. DUI in Texas Law
- DWI (Driving While Intoxicated): Applies to adults (21+) with a BAC of 0.08 or higher or impairment from alcohol or drugs.
- DUI (Driving Under the Influence – Minor): Applies only to minors under 21 with any detectable alcohol in their system.
Texas DWI Laws & Penalties
DWI Offense Levels & Consequences
- First DWI (Class B Misdemeanor)
- Jail: 72 hours – 180 days
- Fine: Up to $2,000
- License Suspension: Up to 1 year
- Second DWI (Class A Misdemeanor)
- Jail: 30 days – 1 year
- Fine: Up to $4,000
- License Suspension: Up to 2 years
- Third DWI (Felony – 3rd Degree)
- Prison: 2 – 10 years
- Fine: Up to $10,000
- License Suspension: Up to 2 years
Deferred Adjudication & Probation
- Some first-time offenders may qualify for deferred adjudication, avoiding a formal conviction if probation conditions are met.
- A mandatory ignition interlock device is required for those granted deferred adjudication.
Laws on License Suspension & ALR Hearings for DWI Charges
Administrative License Revocation (ALR) Process
- If you refuse a BAC test → Immediate 180-day suspension
- If you fail a BAC test → Immediate 90-day suspension
- Minors with any alcohol in their system → 60-day suspension
How to Request an ALR Hearing
- You must request a hearing within 15 days of arrest to challenge the suspension.
- If successful, your driving privileges may be restored pending the criminal trial.
Occupational Driver’s License (ODL)
- If your license is suspended, you may qualify for an ODL to drive for essential purposes (work, school, medical appointments).
Texas Law on DWI Evidence & Testing
Types of BAC Testing
- Breath Test (Breathalyzer/Intoxilyzer): Most common but can have accuracy issues due to residual alcohol in the mouth.
- Blood Test: More accurate but requires a warrant in most cases.
- Urine Test: Least reliable and rarely used in Texas.
Field Sobriety Tests (FSTs)
Standardized tests used to assess impairment:
- 1.Horizontal Gaze Nystagmus (HGN) – Eye movement tracking
- 2.Walk-and-Turn – Balance and coordination
- 3.One-Leg Stand – Balance under divided attention