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Driving While Intoxicated (DWI) - Driving, Flying, Boating, Assembling or Operating an Amusement Ride

In Texas, a person over 21 is considered to be driving while intoxicated (DWI) if he or she operates a motor vehicle while not having the normal use of his or her mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or while having an alcohol concentration of 0.08 or more. The alcohol concentration limit is even lower for commercial drivers in a commercial vehicle (.04) and minors (.00) DWI penalties are based on a number of factors including age, license type, prior history of DWI, etc.

The potential immigration consequences are not as severe for DWI as they are for offenses like drug possession or assault family violence. But it can still get you put in proceedings. If you are not a U.S. citizen, make sure you hire someone who can advise you on the potential for immigration consequences.

Different Type of DWI's/DUI's


  • Class B DWI First Offense – punishable by 72 hours to 180 days in county jail, and up to a $2,000 fine. Possession of an open container while driving while intoxicated will raise the minimum confinement to 6 days.

  • Class A DWI Second Offense or an Alcohol Concentration of .15 or higher – punishable by 30 days to 1 year in county jail, and up to a $4,000 fine.

  • State Jail Felony DWI with Child passenger – Punishable by 180 days to 2 years in a State Jail Facility and a fine less than $10,000

  • 3rd Degree Felony for a DWI 3rd or more – punishable by 2-10 years in TDCJ and a fine less than $10,000.

In addition, for a first offense conviction, a person faces:

  • Up to a $500 fine

  • An Alcohol Education/Drug Education/Alcohol and Drug Education Program at least 12 hours long

  • An additional 60-day license suspension

  • Community service

  • An ignition interlock device

A person convicted of a DWI should also expect to receive additional penalties, including, but not limited to:

  • Driver’s license suspension or revocation for up to 2 years

  • An annual driver’s license surcharge of $1,000 - $2,000 per year for three years to keep your license

  • Community service

  • Imprisonment (even for a first offense)

  • DWI education and intervention programs

  • Possibility of placement of an ignition interlock device on the vehicle

  • A dramatic increase in car insurance rates

Minors and Other Alcohol Offenses

For minors, pretty much any contact with alcohol - including offenses not involving driving - can affect driving privileges in Texas. These penalties include:

  • First offense: License suspension for 30 days.

  • Second offense: License suspension for 60 days.

  • Third offense: License suspension for 180 days.

Examples of non-driving alcohol offenses include:

  • Purchasing or attempting to purchase alcohol

  • Lying about your age in an attempt to obtain alcohol

  • Presenting a falsified document (fake ID) stating that you’re 21 years old in an attempt to obtain alcohol

  • Consuming alcohol

  • Possessing alcohol

  • Public intoxication

Driving Under the Influence (minors)

Texas laws identifies anyone younger than 21 years old as a minor. Like many states, Texas has a “Zero Tolerance” law for minors and alcohol; this means drivers younger than 21 years old cannot operate motor vehicles with any amount of alcohol or drugs in their systems. Driving on Texas roads implies that a person gives law enforcement consent to check breath or blood for the presence of alcohol or other drugs. The Texas Department of Public Safety will suspend a person’s driver’s license for refusing to provide a blood or breath sample. These suspension periods are:

  • First offense with refusal: 180 day driver’s license suspension

  • Second/subsequent offenses with refusal: 2 year driver’s license suspension

  • If a person does not yet have a driver’s license, the Department will suspend your privilege to secure a driver’s license for the same period of time.


In addition, refusal to submit a biological sample for a chemical test (often a blood or breath test), will result in an Administrative License Revocation (ALR). At a minimum the arresting officer will confiscate the person’s driver’s license and issue a temporary driving permit. The individual then has 15 days to request a hearing, after which any hearing request will be denied. If no hearing is requested, the driver’s license suspension begins automatically 40 days after arrest, and after the period is served the person must pay a $125 fee to reinstate the license.

Subsequent DUI convictions raise the community service and license suspension requirements.

It is also important to note that minors 17 years > 21 years may be charged as adults, and may face penalties that a person convicted of a DWI would face.

Based on a person’s individual situation, a judge may also order completion  of an Alcohol Education Program and/or community service.

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