In Texas, you can be charged with Driving While Intoxicated (DWI) even without consuming alcohol. Under Texas Penal Code § 49.04, it is illegal to operate a motor vehicle while intoxicated by alcohol, drugs, or any combination of substances that impairs your mental or physical faculties. This includes prescription medications, over-the-counter drugs, and illegal substances.
The attorneys at Varghese Summersett have defended thousands of DWI cases across Texas. We’ve compiled these 101 facts to help you understand the reality of DWI law, separate myth from fact, and know exactly what to do if you’re ever stopped.
Visit our location-specific DWI pages: Denton County DWI Lawyer | Houston DWI Lawyer | Fort Bend DWI Lawyer | Fort Worth DWI Lawyer | Dallas DWI Lawyer
What Counts as Driving While Intoxicated in Texas?
1. You can be charged with DWI without drinking alcohol.
Most people associate DWI with alcohol, but Texas law treats drug impairment equally. Officers can arrest you for DWI if you show signs of impairment from prescription medications, over-the-counter drugs, illegal substances, or any combination. You don’t need to be stumbling or slurring. If drugs in your system affect your ability to drive safely, you can face the same charges and penalties as alcohol-related DWI.
ACTION TIP #1: Don’t make any admissions or statements to police. Provide your license and proof of insurance, but politely decline to answer any questions.
2. Officers cannot force you to take field sobriety tests.
Field sobriety tests are voluntary in Texas. Despite this, most drivers consent because they don’t know they can refuse. We’ve conducted presentations where audience members, including attorneys, attempted these tests while completely sober. The majority failed. These tests are designed to generate evidence against you, not to prove your innocence. Officers cannot arrest you solely for refusing field sobriety tests.
ACTION TIP #2: Politely decline to do field sobriety tests.
3. You can get a DWI on a golf cart, tractor, or four-wheeler.
Under Texas Transportation Code § 541.201, a “motor vehicle” includes any device capable of transporting a person or property on a highway, excluding trains. This broad definition covers golf carts, tractors, ATVs, riding lawnmowers, and virtually any motorized vehicle. If you’re impaired and operate any of these on a public roadway, you face the same DWI charges as if you were driving a car.
What Are Your Rights During a DWI Stop?
4. You only have to identify yourself and provide license and insurance.
When stopped for suspected DWI, officers will ask where you were coming from, whether you’ve been drinking, and when you had your last drink. You are not required to answer these questions. The Fifth Amendment protects you from self-incrimination. Here are phrases you can use:
- “I respectfully decline to answer any questions.”
- “I prefer not to answer any questions without first speaking to an attorney.”
- “I have a friend who is an attorney and he told me I should not answer any questions.”
5. You are a poor judge of your own intoxication.
Alcohol impairs judgment first, which means you cannot accurately assess how impaired you are. Someone with a high tolerance may feel fine while having a BAC well above the legal limit. Texas law doesn’t care whether you feel drunk. If your BAC is .08 or higher, you can be prosecuted. Portable breathalyzers like BACtrack smartphone devices can give you an objective measure before you decide to drive.
How Does a DWI Affect Your Life?
6. A DWI conviction can prevent you from entering Canada.
Americans with DWI convictions may be denied entry at the Canadian border. Canada classifies DWI as a serious criminal offense. The only way to guarantee entry is to apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation status. This process can take months and requires legal documentation of your conviction and rehabilitation.
7. Your driver’s license may be suspended twice.
Texas DWI arrests trigger two separate suspension proceedings. The first is an administrative suspension through the Department of Public Safety, which occurs regardless of criminal charges. The second is a court-ordered suspension if you’re convicted. For a first-time DWI:
- Refusing to provide a breath or blood specimen: 180 days suspension
- Providing a specimen over the legal limit: 90 days suspension
- Conviction with jail sentence: up to two years suspension
ACTION TIP #3: Ask your attorney about getting an occupational license, which allows you to drive while your license would otherwise be suspended.
8. A DWI conviction will cost you your license to carry.
Under Texas law, a DWI conviction (even a first offense Class B misdemeanor) disqualifies you from obtaining a License to Carry (LTC) for five years. This applies even if you receive deferred adjudication and the case is dismissed. Additionally, anyone convicted of two or more alcohol or drug-related offenses within 10 years is classified as “chemically dependent” and permanently disqualified from obtaining an LTC.
What Is the Legal BAC Limit?
9. The legal limit is .08 BAC in 49 states. Utah’s limit is .05.
All states except Utah use .08 BAC as the per se legal limit for DWI. Utah lowered its limit to .05 BAC effective December 30, 2018, making it the strictest in the nation. A NHTSA study found that Utah’s lower limit reduced fatal crashes and saved lives. There is ongoing national discussion about whether other states should follow Utah’s example.
10. All 50 states have implied consent laws.
By obtaining a driver’s license and using public roads, you have given “implied consent” to submit to breath or blood testing if lawfully arrested for DWI. Refusing to provide a specimen carries administrative penalties, but in Texas (unlike some other states), you won’t face separate criminal charges solely for refusing.
Should You Take the Breath or Blood Test?
11. You CAN refuse a breath test in Texas.
Despite implied consent laws, you have the right to refuse a breath test. The consequence is an automatic 180-day license suspension, but this is an administrative penalty, not a criminal charge. Refusing prevents you from generating evidence against yourself. If police want evidence, they can obtain a search warrant for your blood.
12. You CAN refuse a blood test in Texas.
Blood tests can also be refused. The same 180-day administrative license suspension applies. While losing your license temporarily is not ideal, it’s often better than voluntarily providing evidence that could lead to a conviction. By refusing, you force the officer to take the additional step of obtaining a warrant.
13. You CAN refuse during “No Refusal” weekends.
“No Refusal” does not mean you cannot refuse. It means your refusal won’t prevent police from obtaining your blood. During these periods, magistrates are available around the clock to review and sign search warrants, and nurses are on standby to draw blood. You can (and should) still refuse. The officer must then demonstrate probable cause to a judge before taking your blood.
ACTION TIP #4: Don’t volunteer to give a specimen of breath or blood. Ever.
14. Officers may ask you again at the station to perform tests.
Don’t let your guard down after the roadside stop. Officers frequently ask suspects to perform field sobriety tests or take a breathalyzer again at the police station or jail. The same advice applies: politely decline all tests.
15. If you consent, the officer chooses the test.
Once you agree to testing, you don’t get to pick whether it’s breath or blood. The officer decides. If blood is requested and you’d prefer breath, you’re stuck with the officer’s choice.
16. Consenting to a test over .08 results in a 90-day license suspension.
If you’re over 21 and voluntarily provide a breath or blood sample showing a BAC of .08 or higher, your license will be suspended for 90 days. This is separate from any criminal penalties and occurs automatically through DPS.
17. If you consent, you can request an independent blood test.
After consenting to the officer’s breath or blood test, you have the right to have an additional blood test performed at your own expense within two hours of arrest. This must be conducted by a medical professional of your choosing and can provide independent evidence for your defense.
18. Police can only get a warrant for blood, not breath.
If you refuse to provide a specimen, officers can only obtain a warrant for a blood draw. There is no legal mechanism to compel you to blow into a breathalyzer. This is worth knowing if you have a strong aversion to needles.
19. Police must obtain a warrant for blood draws without consent.
The U.S. Supreme Court has ruled that police cannot order a blood test on a driver who refuses without first obtaining a search warrant, except in true emergency (exigent) circumstances. The natural dissipation of alcohol in the blood is not, by itself, enough to justify skipping the warrant requirement.
20. Officers may use reasonable force to take blood with a warrant.
Once police obtain a valid search warrant, they can use reasonable force to collect your blood. There have been cases where officers restrained individuals to draw blood. If you’ve seen the viral video of a nurse being arrested for refusing to draw blood from an unconscious patient, you understand how seriously officers take warrant enforcement.
21. Flawed warrants can be challenged.
Police officers sometimes make mistakes in warrant applications. They may fail to establish probable cause, enter incorrect dates or times, or make other errors that violate your constitutional rights. An experienced DWI attorney will scrutinize every aspect of the warrant. Defective warrants can result in evidence being suppressed and cases being dismissed.
What Happens After a DWI Arrest?
22. Officers don’t always have to read Miranda warnings.
Miranda rights only apply to “custodial interrogation.” If police already have the evidence they need from field sobriety tests or a breathalyzer, they aren’t required to read your rights. This is also why officers ask questions before placing you in custody. Anything you say during the initial stop can be used against you.
23. Officers must read you a DIC-24 statutory warning.
After a DWI arrest, Texas law requires officers to read the DIC-24 form. This lengthy statutory warning explains the consequences of providing or refusing a breath or blood specimen, including automatic license suspension.
24. Refusing the test means you’ll receive a DIC-25.
The DIC-25 is a Notice of License Suspension and Temporary Driving Permit. Police will confiscate your physical license and give you this paper, which serves as your temporary license for 40 days. If you don’t request a hearing to contest the suspension, your license will be suspended on the 41st day for 180 days.
25. You have only 15 days to request an ALR hearing.
The clock starts immediately. If you don’t request an Administrative License Revocation (ALR) hearing within 15 days of your arrest, your license will be automatically suspended when your temporary permit expires. Missing this deadline waives your right to challenge the suspension.
26. You may qualify for an occupational license.
Even if your license suspension is upheld, you may be eligible for an Occupational Driver’s License (ODL). This permit, issued by a judge, allows limited driving privileges for work, school, medical appointments, and essential household duties while your regular license is suspended.
27. A repeat DWI within five years results in a “hard” suspension.
A “hard suspension” means no driving whatsoever for a specified period. If you’ve had a DWI-related suspension in the past five years, you face a 180-day hard suspension. A repeat conviction within five years triggers a one-year hard suspension. However, under Texas Transportation Code § 521.251(d-1), a judge may grant an occupational license if you install an ignition interlock device.
What Is an Ignition Interlock Device?
28. You may need an interlock device as a condition of bond.
Even before your case is resolved, a judge may require an ignition interlock device (IID) as a condition of your release on bond. This is especially common for DWI charges involving a BAC of .15 or higher or for repeat offenders. The device tests your breath before allowing your vehicle to start. Companies like Smart Start provide installation and monitoring services.
ACTION TIP #5: Every judge handles interlock requirements differently. Some may allow affidavits of non-driving in lieu of an interlock device, others will require wearable or portable devices. Ask your DWI lawyer about the requirements in your case.
29. Interlock devices are often required during probation.
If you receive probation for a DWI in Texas with a BAC of .15 or higher, or if you’re a repeat offender, the judge must order an IID on any vehicle you drive. According to Draeger Inc., all 50 states have laws allowing or requiring IID installation for DWI offenders.
30. An interlock may be required for an occupational license.
Even first-time offenders with BAC levels below .15 may be ordered to install an IID to obtain an occupational driver’s license. The judge has discretion to impose this requirement regardless of the specific circumstances.
31. No car doesn’t mean no monitoring.
If you don’t own a vehicle, you’re still subject to alcohol monitoring. The judge will require you to install an IID on any vehicle you drive, including company cars or vehicles belonging to friends or family. If you truly don’t drive, expect alternative monitoring such as a SCRAM ankle monitor that detects alcohol consumption 24/7.
32. Early interlock removal may be possible.
After completing half of your probation without violations, you may petition the court to remove your IID early. Success depends on your compliance record and your probation officer’s support. An attorney can file a “Motion for Removal of Interlock” on your behalf.
How Do Police Detect DWI?
33. NHTSA training standardizes DWI detection nationwide.
The National Highway Traffic Safety Administration publishes the DWI Detection and Standardized Field Sobriety Testing manual used to train law enforcement across the country. Understanding this training helps defense attorneys identify when officers deviate from proper procedures.
ACTION TIP #6: If you’ve already performed field sobriety tests, don’t lose hope. An experienced DWI defense attorney can identify weaknesses in how the tests were administered.
34. Speeding alone is not a sign of intoxication.
The NHTSA guide “Visual Detection of DWI Motorists” lists behaviors that predict a BAC of .08 or higher. Speeding by itself is not on the list. The guide focuses on four categories: lane position problems, speed and braking issues, vigilance problems, and judgment issues. Weaving plus any other clue predicts DWI at a 65% rate. Any two clues together predict at least 50%.
35. Many officers administer the HGN test incorrectly.
The Horizontal Gaze Nystagmus (HGN) test checks for involuntary eye jerking that occurs at certain angles when intoxicated. When properly administered, it can be compelling evidence. However, officers must hold and move the stimulus at specific speeds and distances. Deviations from protocol can invalidate results. DWI experts like Tony Corroto frequently testify about improper HGN administration.
36. Crime labs make mistakes.
Lab reports showing BAC levels are prepared by humans using machines that require calibration and maintenance. Accidental errors and even intentional falsification have occurred in labs across the country. At Varghese Summersett, we regularly send blood samples for independent retesting when we have reason to question the state’s results.
ACTION TIP #7: Discuss blood retesting with your attorney. This may be worthwhile if results seem wrong, if your BAC was just above .15 (the enhancement threshold), or if the lab has credibility issues. However, retesting can sometimes strengthen the state’s case, so weigh the pros and cons carefully.
How Does the State Prove Intoxication?
37. Prosecutors have three ways to prove intoxication.
Under Texas law, the state can prove intoxication by showing: (1) your BAC was .08 or higher at the time of driving, (2) you lost the normal use of your physical faculties due to alcohol or drugs, or (3) you lost the normal use of your mental faculties due to alcohol or drugs. This means you can be convicted with a BAC below .08 if the jury believes substances affected your ability to function normally.
38. There is no “legal limit” for drugged driving in Texas.
Unlike alcohol, Texas has no per se blood concentration that automatically makes you guilty of drug-impaired driving. The state must prove you were impaired regardless of drug levels. Some departments employ Drug Recognition Experts (DREs) trained to identify drug impairment. According to Dr. David J. Hanson of Alcohol Problems and Solutions, DREs falsely identify one innocent driver for every eight arrested.
39. The state must prove intoxication at the time of driving.
Prosecutors must establish that you were intoxicated when you operated the vehicle, not just when blood was drawn. Since blood draws often occur an hour or more after the stop, this creates a gap the state must bridge through testimony or scientific calculations.
ACTION TIP #8: Never tell the officer when you had your last drink. This admission becomes the foundation for retrograde extrapolation calculations that estimate your BAC at the time of driving. Saying “a couple of drinks about an hour ago” can be devastating to your defense.
What Is the Difference Between DWI and DUI?
40. DWI and DUI are different charges in Texas.
In Texas, DWI (Driving While Intoxicated) applies to adults 21 and older with a BAC of .08 or higher. DUI (Driving Under the Influence) is a separate offense for drivers under 21 who have any detectable alcohol in their system. DUI is a Class C misdemeanor; DWI is a Class B misdemeanor or higher.
41. Underage drivers face zero tolerance.
If you’re under 21, any detectable amount of alcohol in your system while driving is illegal. A DUI conviction can result in a $500 fine, 60-day license suspension, 20-40 hours of community service, and mandatory alcohol awareness classes. Underage drivers who blow .08 or higher face adult DWI charges with penalties including up to a $2,000 fine, 3-180 days in jail, and up to a one-year license suspension.
What Is the Punishment for a First DWI?
42. A first-time DWI requires at least 72 hours in jail if sentenced to confinement.
If you receive a jail sentence for a first-time DWI with a BAC under .15, Texas law requires a minimum of 72 hours behind bars. Due to a legislative quirk, this minimum doesn’t technically apply if your BAC was .15 or higher (though enhanced charges apply instead).
ACTION TIP #9: Hire the right DWI defense attorney. Most first-time offenders have never faced criminal charges. The time you spent in custody during your arrest was likely enough to ensure you never want to see the inside of a jail cell again. Our attorneys have an exceptionally high rate of keeping first-time offenders out of jail. Find an attorney who has handled cases in your county, before your judge, and who has won DWI trials in your jurisdiction.
43. A second DWI requires mandatory jail time.
For DWI-Misdemeanor Repetition, the minimum sentence is 30 days in jail. Even if you receive probation, you must serve jail time as a condition. There is no way to completely avoid incarceration on a second DWI conviction.
ACTION TIP #10: You may be able to avoid jail even on a second DWI. We have successfully kept individuals out of jail on repeat offenses by winning at trial or negotiating pleas to lesser charges.
44. DWIs are extremely expensive.
When you add court costs, fines, attorney fees, probation fees, insurance increases, interlock device costs, and lost wages, a DWI conviction can cost $10,000-$15,000 or more for a first offense. Third offenses can exceed $27,000 in total costs.
ACTION TIP #11: Cheap attorneys cost more in the long run. A competent DWI attorney takes time to build your defense properly. Winning at trial saves thousands in fines, fees, and suspension costs. Even without trial, experienced attorneys can reduce fines, avoid probation fees, keep you out of jail, and protect professional licenses.
45. Texas eliminated DWI surcharges in 2019.
Prior to September 1, 2019, Texas assessed annual surcharges of $1,000-$2,000 for three years following a DWI conviction through the Driver Responsibility Program. The legislature repealed this program, and these surcharges no longer exist. However, DWI convictions still carry substantial fines, court costs, and other fees.
46. The Driver Responsibility Program no longer affects DWI cases.
If you had outstanding surcharges under the old program, those debts were waived when the program ended. Licenses suspended solely for unpaid surcharges were reinstated. While this provided relief for many Texans, current DWI convictions still impose significant financial burdens through other penalties.
What Evidence Can Help Your Defense?
47. You can request a copy of your DWI video.
Most police encounters are recorded today. Under Texas Code of Criminal Procedure Article 2.139, anyone arrested for DWI has the right to obtain video from their arrest. This right exists even if charges haven’t been filed yet.
ACTION TIP #12: The statute of limitations for misdemeanor DWI is two years, so cases sometimes aren’t filed for months. An experienced attorney can obtain arrest videos and lab reports through requests to police departments before charges are even filed, allowing you to prepare your defense early.
48. Your DWI charge could be reduced to obstruction of a highway.
In some cases, skilled defense attorneys can negotiate a reduction to Obstruction of a Highway. While both are Class B misdemeanors, a DWI has more severe long-term consequences. Critically, deferred adjudication is available for obstruction but historically was not available for DWI (though that changed in 2019 for first offenses).
Can You “Sober Up” Quickly?
49. Time is the only cure for intoxication.
Coffee, cold showers, food, exercise, fresh air—none of these speed up alcohol metabolism. Your liver processes alcohol at a fixed rate of approximately one standard drink per hour. Nothing will lower your BAC faster than time.
50. You can get a DWI while “sleeping it off” in your car.
Texas criminalizes operating a motor vehicle while intoxicated, but courts interpret “operating” broadly. Having the keys in the ignition, sitting in the driver’s seat, having your foot on the brake, or having the car in neutral can all constitute operation. People are arrested for DWI while sleeping in parked cars regularly.
ACTION TIP #13: If you must sleep it off in your vehicle, sit in the passenger seat or back seat. We’ve defended clients arrested in parking lots who were asleep behind the wheel. While we fight these charges vigorously, avoiding the driver’s seat eliminates the risk entirely.
Can You Be Charged Below .08?
51. You can be charged with DWI even with a BAC below .08.
A BAC below the per se limit doesn’t guarantee freedom from charges. Prosecutors may argue your BAC was higher at the time of driving than at the time of testing, using retrograde extrapolation calculations to estimate earlier levels.
52. Retrograde extrapolation testimony is allowed in Texas.
Retrograde extrapolation uses scientific principles to calculate what your BAC likely was at an earlier time. The calculation considers time of last drink, time of driving, time of testing, and the test result. Your statements to officers about drinking become critical inputs in this calculation.
53. Two to four drinks can put you at .08.
Everyone metabolizes alcohol differently based on weight, gender, food consumption, and drinking rate. Generally, one standard drink equals 1.5 oz of 80-proof liquor, 12 oz of beer, or 5 oz of wine. The Texas Alcoholic Beverage Commission BAC Chart shows some individuals reaching .08 after just two drinks in an hour. Drivers Ed Hub notes that even a .05 BAC (about three drinks) can impair steering, tracking, and emergency response.
How Do Prior Convictions Affect Your Case?
54. Prior DWI convictions never expire for enhancement purposes.
Texas has no time limit on using prior DWI convictions to enhance current charges. A DWI from 20 years ago can still elevate a new arrest to a repeat offense with harsher penalties.
55. Probated DWIs before January 1, 1984 are not convictions.
Here’s an obscure but important exception: DWIs placed on probation before January 1, 1984 were not considered convictions under Texas law at that time. If your only prior is from that era and was probated, it cannot be used to enhance a current DWI. Many attorneys miss this distinction.
How Long Does a DWI Case Take?
56. A DWI case can take over a year to resolve.
While our attorneys proactively resolve appropriate cases within months, complex DWI cases in Texas regularly take a year or longer to reach final disposition. Blood test results, expert analysis, and court scheduling all affect timelines.
57. The statute of limitations for misdemeanor DWI is two years.
Prosecutors have two years from the date of the offense to file misdemeanor DWI charges. Circumstances like fleeing the state can pause (toll) this period, giving prosecutors additional time.
58. The statute of limitations for felony DWI is three years.
Felony DWI charges, including third offenses and intoxication manslaughter, have a three-year window for prosecution.
When Does DWI Become a Felony?
59. A third DWI is a felony.
Once you have two prior DWI convictions, a third offense becomes a third-degree felony. Penalties include up to a $10,000 fine, 2-10 years in state prison, and up to a two-year license suspension.
60. A BAC of .15 or higher elevates DWI to a Class A misdemeanor.
A first-time DWI with a BAC at or above .15 is charged as a Class A misdemeanor instead of Class B. This doubles the potential punishment from six months in jail to one year.
When Can Police Stop You for DWI?
61. Anonymous tips alone aren’t enough for a traffic stop.
If someone calls 911 to report a suspected drunk driver, police can’t automatically stop you. Identified callers (those who provide contact information) create more reliable tips. Anonymous tips require officers to observe corroborating behavior before initiating a stop.
62. Health conditions can affect field sobriety performance.
Inner ear infections, balance disorders, injuries, neurological conditions, and medications can all impair performance on field sobriety tests. These factors create reasonable doubt about whether poor performance indicates intoxication or a medical condition.
63. DWI checkpoints are illegal in Texas.
Unlike many states, Texas does not permit sobriety checkpoints where police stop every vehicle to check for impairment. The state has never authorized law enforcement to conduct these roadblocks.
What Happens If Children Are Involved?
64. DWI with a child passenger is a state jail felony.
Under Texas Penal Code § 49.045, driving while intoxicated with a passenger under 15 years old is a state jail felony, even for a first offense. This carries 180 days to 2 years in state jail, fines up to $10,000, and can trigger custody investigations and professional license consequences.
65. CPS may open a case against parents charged with DWI with children.
Officers frequently contact Child Protective Services when arresting someone for DWI with minor passengers. This can initiate an investigation into your fitness as a parent, separate from the criminal case.
Can You Get Deferred Adjudication for DWI?
66. First-time DWI offenders may be eligible for deferred adjudication.
Texas law changed significantly in September 2019 when HB 3582 made first-time DWI offenders eligible for deferred adjudication if their BAC was below .15 and they didn’t cause an accident resulting in injury. Under deferred adjudication, you plead guilty but the court defers a finding of guilt. If you successfully complete probation, the case is dismissed without a final conviction. An ignition interlock device is typically required as a condition.
67. First-time DWIs may be eligible for nondisclosure (sealing).
Under the Texas DWI Second Chance Law (HB 3016), first-time DWI offenders who meet certain requirements can petition to seal their records through an Order of Nondisclosure. The waiting period is two years if you had an interlock device installed for at least six months, or five years without an interlock. Nondisclosure hides your conviction from most public background checks, though law enforcement and certain licensing agencies can still see it.
68. DWI convictions cannot be expunged.
Expunction completely destroys criminal records as if the offense never occurred. Texas does not allow DWI convictions to be expunged. If your case was dismissed or you were found not guilty, expunction may be available. For convictions, nondisclosure (sealing) is the only option for eligible first-time offenders.
69. A DWI can affect professional licenses.
Many licensing boards, including the Texas Medical Board and Texas Board of Nursing, require disclosure of arrests and convictions. A DWI can trigger investigations that threaten your ability to practice your profession.
How Common Is Drunk Driving?
70. The average drunk driver drives impaired 80 times before their first arrest.
According to the CDC, people drive under the influence approximately 80 times before getting caught for the first time. This statistic highlights both how common impaired driving is and how difficult enforcement can be.
71. Flying while intoxicated is a separate criminal offense.
Operating an aircraft while impaired violates both state and federal law. Under federal aviation regulations, pilots cannot fly within 8 hours of consuming alcohol, with a BAC above .04%, or while impaired by any drug. An FWI conviction can result in pilot license revocation. Our firm has successfully protected commercial pilot licenses through aggressive defense.
72. Boating while intoxicated is also illegal.
Texas has more inland water than any other state, and many boaters drink while on the water. Under Texas law, operating a watercraft while intoxicated is a Class B misdemeanor with 72-180 days potential jail time. Notably, law enforcement can board your boat without probable cause or reasonable suspicion to conduct safety inspections.
73. Operating an amusement ride while intoxicated is illegal.
Texas law makes it a Class B misdemeanor to operate or assemble an amusement ride while intoxicated, punishable by up to 180 days in jail and a $2,000 fine.
Do Home Remedies Work?
74. Putting a penny in your mouth won’t beat a breathalyzer.
This internet myth has been thoroughly debunked. Even if copper affected breathalyzer readings (it doesn’t), pennies haven’t been made primarily of copper since 1982. Snopes and other fact-checkers have confirmed this is false.
75. You can get a DWI in a parking lot or on private property.
Texas law defines a “public place” as anywhere the public or a substantial group has access. This broad definition covers parking lots, apartment complexes, shopping centers, and many other private properties. Being on private land does not protect you from DWI charges.
What About Commercial Drivers?
76. Commercial drivers face a .04 BAC limit.
Because commercial vehicles can cause more damage, CDL holders are held to a stricter standard. Operating a commercial vehicle with a BAC of .04 or higher constitutes DWI for commercial drivers.
77. CDL holders face at least a one-year disqualification for DWI.
A DWI conviction disqualifies your CDL for at least one year. If you were transporting hazardous materials, the disqualification extends to three years. For professional truck drivers, this can end careers.
What Other Penalties Apply?
78. An open container adds six days mandatory jail.
If you’re arrested for DWI with an open container of alcohol in your vehicle, and you receive jail time as part of your sentence, the minimum is six days instead of 72 hours.
79. DWI convictions dramatically increase insurance rates.
According to Insure.com, insurance rates can climb 30-200% after a DWI conviction. Some insurers may cancel your policy entirely. In Texas, premiums increase an average of 55% for a DWI conviction, while Arizona increases can reach 135%.
80. SR-22 is not insurance—it’s a certificate.
Many people confuse the SR-22 with a type of insurance policy. It’s actually a certificate your insurer files with the state proving you have valid coverage. If your license was suspended for DWI and you served jail time, you must maintain an SR-22 for two years.
What Are the Standardized Field Sobriety Tests?
81. Three tests make up the Standardized Field Sobriety Test.
The NHTSA-approved battery consists of: Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One-Leg Stand (OLS). Officers are trained to look for specific “clues” during each test.
82. Police aren’t required to video record field sobriety tests.
While dash cameras and body cameras often capture field sobriety tests, Texas law doesn’t mandate recording. When video exists, it provides valuable evidence for the defense. When it doesn’t, you’re left with the officer’s subjective observations.
83. Minors convicted of DWI face a one-year license suspension.
Drivers under 21 convicted of DWI receive a one-year license suspension and must complete a 12-hour Alcohol Education Program. Failure to complete the program can trigger additional suspensions of up to 18 months.
Should You Go to Trial?
84. You have an absolute right to a jury trial.
Every DWI defendant can demand a jury trial. Reasons to go to trial include: believing the state can’t prove its case, protecting professional licenses that would be affected by a guilty plea, or simply refusing to admit guilt for an offense you didn’t commit.
85. DWI trials typically last one to five days.
Trial length depends on whether breath or blood evidence is involved and how many witnesses and experts testify. Our longest trial was an intoxication manslaughter case that lasted three weeks.
86. Misdemeanor DWI trials use six-person juries.
In Texas county and municipal courts, six jurors hear misdemeanor cases. Since most first-time DWIs are misdemeanors, they’re decided by six-person juries.
87. Felony DWI trials use 12-person juries.
Felony cases require 12 jurors. They must be unanimous in their verdict but don’t need to agree on which definition of intoxication applies. Some jurors might believe you lost normal mental faculties, others might focus on physical faculties, and others might rely on the .08 standard—if 12 agree you were intoxicated by any definition, you’re guilty.
Can You Win If You Blew Over the Limit?
88. A BAC over .08 at testing doesn’t guarantee conviction.
Even if your blood or breath test showed a BAC above .08 at the police station or hospital, you may have been below .08 when actually driving. Alcohol continues absorbing into your bloodstream after your last drink. If your BAC was rising during the drive, it may have been below .08 when you were behind the wheel.
89. High test results don’t automatically mean guilty.
We’ve won cases involving BAC levels well above .08. While challenging, these cases are winnable when we expose officer errors, improper test administration, unreliable equipment, or flawed assumptions.
90. Certain foods can trigger interlock device failures.
LifeSafer notes that some foods consumed immediately before testing can cause false positives. Pizza, pastries, vinegar-based dressings, and vanilla extract contain trace alcohol. Wait at least 15 minutes after eating before using your interlock device.
91. Out-of-state DWI convictions can enhance Texas charges.
If another state’s DWI, OWI, or DUI statute has similar elements to Texas DWI law, that prior conviction can be used to enhance current Texas charges. A DUI from California or an OWI from Wisconsin can make your Texas arrest a repeat offense.
What Education and Treatment Is Required?
92. DWI probation requires completing a DWI Education Course.
Texas law mandates a 12-hour DWI Education Program certified by the state as a condition of probation. Many providers offer these classes, including A Court Class Inc. in North Texas, founded by Holly Hunter, a former drug dealer who served time in prison before becoming a certified chemical dependency counselor and turning her life around.
93. A substance abuse evaluation is required for probation.
Probation officers use Substance Abuse Evaluations to assess the severity of drug and alcohol issues and determine appropriate treatment. A certified counselor reviews your questionnaire responses and makes recommendations to the court.
94. A Victim Impact Panel is required for probation.
Mothers Against Drunk Driving conducts Victim Impact Panels where victims or their families share experiences to discourage repeat offenses. First-time offenders typically attend a one-hour session.
95. Coffee doesn’t sober you up—it just makes you an alert drunk.
Caffeine is a stimulant; alcohol is a depressant. Caffeine doesn’t affect alcohol metabolism or elimination. The danger is that caffeine can make you feel more alert and capable than you actually are, potentially convincing you to drive when you shouldn’t.
What Are the National Statistics on Drunk Driving?
96. Approximately 30% of traffic fatalities involve alcohol-impaired drivers.
According to NHTSA data, 12,429 people died in alcohol-impaired crashes in 2023, accounting for 30% of all traffic deaths in the United States. That’s one person killed every 42 minutes.
97. About 16% of motor vehicle crashes involve drugs.
Legal and illegal drugs are involved in approximately 16% of motor vehicle crashes, according to CDC data. As marijuana legalization spreads and prescription drug use increases, drug-impaired driving becomes an increasingly significant factor.
98. DWI arrests spike around holidays.
New Year’s Eve, Thanksgiving, Christmas, Independence Day, and Memorial Day are perennial “No Refusal” periods for good reason. Social gatherings during these times lead to more impaired driving and more enforcement.
99. The legal limit was .10 before September 1999.
Texas lowered its per se BAC limit from .10 to .08 in 1999, following a national trend encouraged by federal highway funding incentives.
100. A nationwide push continues to lower BAC limits to .05.
The National Transportation Safety Board and the National Academies of Sciences, Engineering and Medicine have both called for lowering the legal limit from .08 to .05. Utah became the first state to adopt .05 in 2018, and NHTSA research shows the lower limit saved lives and reduced crashes without the economic harms critics predicted.
101. It is not illegal to have a drink and drive.
Despite what billboards suggest, having one drink before driving isn’t automatically illegal. The offense is driving while intoxicated—meaning impaired or with a BAC of .08 or higher. A single drink typically won’t put most people over the limit. The question is whether you’re still capable of safely operating a vehicle.
ACTION TIP #15: If you’re ever stopped, remember to keep a LIDD on it:
License – Have your license ready for the officer.
Insurance – Give the officer your proof of insurance.
Don’t Talk
Decline all tests: Field Sobriety, Breath, or Blood.
Frequently Asked Questions About DWI in Texas
What is the penalty for a first DWI in Texas?
A first-time DWI in Texas is a Class B misdemeanor punishable by a fine up to $2,000, 72 hours to 180 days in jail, and license suspension up to one year. If your BAC was .15 or higher, it becomes a Class A misdemeanor with penalties up to $4,000 and one year in jail.
Can I refuse a breathalyzer test in Texas?
Yes. While Texas has implied consent laws, you can refuse breath and blood tests. Refusal results in an automatic 180-day license suspension, but you won’t face separate criminal charges for refusing. Many defense attorneys recommend refusal to avoid generating evidence against yourself.
How long does a DWI stay on your record in Texas?
A DWI conviction remains on your criminal record permanently unless you qualify for nondisclosure. First-time offenders who meet specific requirements can petition to seal their records after a waiting period of two years (with interlock) or five years (without interlock). Sealed records are hidden from most public background checks but remain visible to law enforcement.
Can I get a DWI dismissed in Texas?
Yes. DWI cases can be dismissed for various reasons including lack of probable cause for the stop, improper administration of field sobriety tests, problems with breath or blood testing equipment, constitutional violations, or insufficient evidence. An experienced DWI attorney can identify weaknesses in the prosecution’s case.
Is deferred adjudication available for DWI in Texas?
Since September 2019, first-time DWI offenders with a BAC below .15 who didn’t cause an accident resulting in injury may be eligible for deferred adjudication. This allows you to complete probation and have the case dismissed without a final conviction, though an ignition interlock device is typically required.
Facing DWI Charges? We Can Help.
A DWI arrest doesn’t have to ruin your life. The attorneys at Varghese Summersett have decades of combined experience defending DWI cases in Fort Worth, Dallas, Houston, and Southlake. We’ve won cases others thought were unwinnable, protected careers and professional licenses, and helped thousands of clients get their lives back on track.
Call us today at 817-203-2220 for a free consultation. We’ll review your case, explain your options, and develop a defense strategy tailored to your situation. Time is critical in DWI cases—you only have 15 days to request an ALR hearing to protect your license.
