Texas DWI & DUI Defense Lawyers

A DWI arrest in Texas can make the ground feel like it dropped out from under you — your license, your job, even your freedom suddenly on the line. Here is what matters most: an arrest is not a conviction. DWI cases are won and lost in the details, and with the right Texas DWI defense lawyer fighting for you, charges can be challenged, reduced, and sometimes beaten outright. The clock on your driver license is already running, so do not face this alone and do not wait.

What Should You Do If You Are Pulled Over for DWI in Texas?

Do you know the dos and don'ts of a Texas DWI stop? Most people don't — and one wrong move in the first few minutes can hand the prosecution its case. Many of Texas's most experienced DWI defense attorneys point out that field sobriety tests — the walk-and-turn, one-leg stand, and the eye test (HGN) — are voluntary in Texas, and a number of them recommend politely declining: even a completely sober person can look impaired on video when nervous, tired, or wearing the wrong shoes, and these tests are frequently administered incorrectly (Versus Texas, Law Office of Mike Howard).

Attorneys also flag a crucial distinction: refusing a chemical breath or blood test after arrest is a different decision — under Texas's implied-consent law it can trigger an automatic license suspension, and on "no-refusal" initiatives police can obtain a warrant to draw blood (Saputo Toufexis). The point the best defense lawyers drive home is the same: what happens at the roadside can decide the entire case, which is why people often get a DWI attorney on the phone right away.

What Are the Penalties for a DWI in Texas?

Texas DWI penalties escalate quickly with each offense and with aggravating factors. Under Texas Penal Code §49.04, it is illegal to operate a vehicle in a public place with a blood or breath alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs. Here is how the penalties generally break down (source):

Aggravating factors raise the stakes fast. A child passenger under 15 can turn a DWI into a felony, and a DWI that seriously injures someone (intoxication assault) or causes a death (intoxication manslaughter) is a felony carrying years in prison. A second offense and beyond also require an ignition interlock device. With this much on the line, the lawyer you choose is the most important decision you will make. Learn more about criminal defense or drug charges.

What Is the Difference Between DWI and DUI in Texas?

In Texas, DWI (driving while intoxicated) applies to drivers 21 and older operating with a BAC of 0.08% or higher, or while impaired by alcohol or drugs. DUI (driving under the influence) applies to drivers under 21 with any detectable amount of alcohol, under the Texas Alcoholic Beverage Code. Both are serious, and both can put a license, a record, and a future at risk — but they are charged under different laws and carry different consequences, which is one reason experienced counsel matters.

How Long Do You Have to Save Your License After a DWI Arrest?

You have just 15 days. In Texas, your driver license is handled in a separate process called Administrative License Revocation (ALR), and the Texas Department of Public Safety allows only 15 days from the notice of suspension to request a hearing (Texas DPS). Miss that window and the suspension takes effect automatically on the 40th day. A DWI lawyer can request that hearing, fight the suspension, and — if a license is suspended — petition the court for an occupational driver license so you can keep driving to work, school, and essential household duties. Many people never realize this clock is running until it is too late. See also: traffic and speeding tickets.

How Much Does a DWI Lawyer Cost in Texas?

For a first-offense DWI in Texas, attorney fees commonly range from about $2,500 to $5,000 for representation through plea negotiations, $5,000 to $7,500 when significant investigation and pretrial motions are involved, and $7,500 to $15,000 or more for a case taken to trial (source). Some attorneys charge a single flat fee covering all stages; others bill hourly, often $200 to $400 per hour depending on experience. The right defense is an investment against penalties that can cost far more in fines, lost work, higher insurance, and a permanent record.

Will a DWI Stay on Your Record Forever in Texas?

Yes, unless it is cleared by a court. A Texas DWI conviction has no automatic removal date — it stays on your criminal record permanently unless you obtain an expunction or an order of nondisclosure (Texas DPS). Full expunction of a DWI conviction is rare and generally available only when the charge was dismissed, you were acquitted, or you were pardoned. Since 2017, some first-offense DWIs can be sealed by nondisclosure if strict conditions are met — for example, no prior conviction, no commercial driver license, no accident involving another person, a BAC under 0.15%, and completion of the sentence with required ignition-interlock use — after a waiting period. Whether any of this is possible in a given case is exactly the kind of thing an experienced DWI lawyer can assess.

What Happens to Your Driver License and CDL?

A DWI affects your license in two ways: the ALR suspension described above, and any suspension that follows a conviction. Texas may also require an ignition interlock device as a condition of driving, mandatory for second offenses and beyond. The consequences are harsher for commercial drivers: a DWI conviction disqualifies a commercial driver license (CDL) in Texas — even if you were driving your personal vehicle at the time. For anyone whose livelihood depends on driving, that makes early legal help especially important.

What If You Had a Gun in the Car When You Were Arrested?

This is one a lot of people never see coming. Having a firearm when you are arrested for DWI does not enhance the DWI charge itself — but it can add a separate criminal charge. Under Texas Penal Code §46.02(a-6), it is a Class A misdemeanor (up to one year in jail and a fine up to $4,000) to carry a handgun while intoxicated. Critically, this applies even if you hold a Texas License to Carry, and Texas's permitless-carry law does not protect a person who is intoxicated (source). For an otherwise law-abiding gun owner — someone who simply keeps a handgun in the glove box or console — a single traffic stop can suddenly mean two charges at once, plus a threat to your gun rights. That is precisely the kind of situation where the right defense attorney can make the biggest difference.

How Does the Right Texas DWI Lawyer Win These Cases?

This is where experience separates the great DWI lawyers from the rest. A skilled Texas DWI defense attorney attacks the case from every angle: Was the traffic stop even legal? Was the breath-test machine properly calibrated, and was the blood drawn and stored correctly? Were the field sobriety tests administered the way the law requires — or botched? Was your right to counsel respected? They request and command your ALR hearing, dismantle weak evidence, negotiate from strength with prosecutors, and know the local judges and courts inside out. The right defense does not just react — it takes the case apart. That is the kind of lawyer we will get on your side.

Frequently Asked Questions About Texas DWI & DUI Cases

What is the difference between DWI and DUI in Texas?

DWI applies to drivers 21 and older at a BAC of 0.08% or higher, or while impaired. DUI applies to drivers under 21 with any detectable alcohol.

What are the penalties for a first DWI in Texas?

A first DWI is generally a Class B misdemeanor: 72 hours to 180 days in jail, a fine up to $2,000, and a license suspension of 90 days to one year. A BAC of 0.15% or higher raises it to a Class A misdemeanor.

Is a DWI a felony in Texas?

A first or second DWI is usually a misdemeanor; a third is a third-degree felony. It can also be a felony with a child passenger under 15, or if someone is seriously injured or killed.

Can you be charged for having a gun during a DWI in Texas?

Yes. Carrying a handgun while intoxicated is a separate Class A misdemeanor under Texas Penal Code §46.02(a-6), even for License to Carry holders, so a DWI arrest with a firearm in the vehicle can lead to two charges at once.

How long do you have to save your license after a DWI arrest?

Just 15 days from the notice of suspension to request an ALR hearing. Miss it and the suspension is automatic on the 40th day.

How much does a DWI lawyer cost in Texas?

First-offense fees commonly run $2,500–$5,000 through plea negotiations, $5,000–$7,500 with significant motions, and $7,500–$15,000+ through trial. Some charge flat fees, others $200–$400 per hour.

How long does a DWI stay on your record in Texas?

Permanently, unless cleared by expunction (rare — generally only after a dismissal, acquittal, or pardon) or sealed by an order of nondisclosure for some qualifying first offenses.

Can a first DWI be sealed in Texas?

Some first-offense DWIs can be sealed with an order of nondisclosure if strict conditions are met (no prior conviction, no CDL, no accident involving another person, BAC under 0.15%, completed sentence with interlock), after a waiting period.

What happens to a CDL after a DWI in Texas?

A DWI conviction disqualifies a commercial driver license in Texas, even if you were driving a personal vehicle at the time.

Do you have to take a field sobriety test in Texas?

Field sobriety tests are voluntary in Texas, and many defense attorneys note that sober people can appear impaired on video. Refusing a chemical breath or blood test after arrest is different and can suspend your license.

Can you still drive on a suspended license?

You may be able to petition the court for an occupational driver license for work, school, and essential household duties. A lawyer can handle this for you.

How do I get a Texas DWI lawyer right now?

Call or text 512-872-4400 any time, day or night. You will be connected with an experienced Texas DWI defense attorney in your area. Explore more legal topics.