The Basics of Texas DWI

February 16, 2022

Driving a vehicle while intoxicated – commonly referred to as DWI – is considered a serious offense in Texas. Texas DWI laws are among the harshest and most restrictive in the entire country and a conviction can have serious legal and social consequences.

Given below are the key provisions of Texas DWI laws you should be aware of.

What is Considered DWI Under Texas Law?

Under Texas law, you can be considered ‘legally intoxicated’ and fit to be charged with a DWI under the following circumstances.

·        You have a BAC of 0.08% or more while driving, or

·        You lost the normal use of your mental or physical faculties from alcohol or drugs (including legally prescribed medicatons)

In other words, you can be charged with DWI in Texas even if your BAC is well within the legal limit – if your physical and mental faculties are impaired as a result of the alcohol, drugs, or any other controlled substance in your body.

It is notable that the aforementioned provisions are only applicable to non-commercial drivers. If you are a commercial truck driver or a school bus driver, you can be considered ‘legally intoxicated’ if you have a BAC of 0.04% or more.

Texas DWI Penalties

First Offense

·        Fine (up to $2,000, or $4,000 if your Bac is .15 or higher)

·        Jail sentence (up to 1 year with in county jail)

·        Driver’s license suspension (minimum 90 days)

Second Offense

·        Fine (up to $4,000)

·        Jail sentence (anywhere from one month to a year)

·        Driver’s license suspension (up to two years)

Third Offense

·        Fine ($10,000)

·        Prison sentence (2 to 10 years)

·        Driver’s license suspension (up to two years)

DWI With Child Passenger

The penalties for committing a DWI offense while transporting one or more children (under the age of 15) in your vehicle include:

·        Fine (up to $10,000)

·        Jail sentence (up to two years)

·        Driver’s license suspension (180 days)

Texas DWI laws also state that any person who commits a DWI offense while having a child passenger in their vehicle can be charged with child endangerment. It’s a state jail felony which is punishable by fine (up to $10,000) and jail sentence (up to two years).

Apart from this, a DWI conviction in Texas might also require you to install an ignition interlock device in your vehicle for a period of time. Moreover, a DWI conviction will put you under the ‘high-risk driver’ category, as a result of which your auto insurance rates will increase significantly.

The Importance of Hiring an Experienced Texas DWI Defense Attorney

A DWI conviction in Texas can have long-lasting consequences. Due to this, it is important you hire a skilled DWI defense attorney who can protect your rights and fight hard to get the charges against you dropped, dismissed, or reduced to the highest extent possible.

Led by Tyler Flood – who is one of the most successful and influential DWI defense attorneys in Texas – Tyler Flood & Associates, Inc. has helped scores of Texans successfully fight their DWI charges over the years. Tyler Flood is recognized as an ACS-CHAL lawyer-scientist who has a deep understanding of the scientific principles and techniques related to DWI cases.

Call our firm today at 713.224.5529 for a free review of your DWI case or contact us online to schedule a free consultation with one of our Texas DWI attorneys.


Use the form to submit your request for a free consultation.

*Use of this form does not constitute an attorney-client relationship.

Driving While Intoxicated (Blood Draw .16)
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Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
October 19, 2023.
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October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
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Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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