Being charged with driving while intoxicated (DWI) in Texas can be frightening and overwhelming. The penalties become increasingly severe with each subsequent offense, potentially changing your life forever.
At the Law Offices of Richard C. McConathy, we have successfully defended thousands of DWI cases throughout North Texas, and we understand the significant differences between first, second, and third DWI offenses.
Don’t let a single mistake define your future. Speak with our DWI lawyer today for a confidential consultation.
Understanding Texas DWI Laws
Under Texas Penal Code §49.04, a person commits the offense of driving while intoxicated if they operate a motor vehicle in a public place while intoxicated. Texas defines “intoxication” in two ways:
- Per se intoxication: Having a blood alcohol concentration (BAC) of 0.08% or higher
- Loss of faculties: Not having normal use of mental or physical faculties due to alcohol, drugs, or any other substance
It’s important to understand that you can be charged with DWI even if your BAC is below 0.08% if the officer determines you’ve lost the normal use of your faculties. Additionally, if your BAC is 0.15% or higher, you’ll face enhanced penalties even for a first offense.
While many people use the terms interchangeably, there is a difference between DWI vs DUI in Texas. In this state, DWI refers to driving while intoxicated by alcohol or drugs, while DUI is a separate charge typically applied to minors under 21 who operate a vehicle after consuming any detectable amount of alcohol.
⚖️ Texas has an “implied consent” law, meaning that by driving on Texas roads, you’ve already consented to chemical testing if lawfully arrested for DWI. Refusing a breathalyzer or blood test will result in an automatic license suspension, separate from any criminal penalties.
First DWI Offense in Texas
A first-time DWI offense in Texas is typically charged as a Class B misdemeanor. However, many people underestimate the serious consequences that come with even a first offense.
Penalties and Consequences
If convicted of a first DWI in Texas, you could face:
- Jail time: 72 hours to 180 days in county jail
- Fine: Up to $2,000 (not including court costs)
- License suspension: Up to one year
- Annual surcharge: $2,000 per year for three years to maintain your driver’s license
- Increased insurance premiums: Often doubling or tripling your rates
If your BAC was 0.15% or higher at the time of testing, the charge enhances to a Class A misdemeanor, with fines up to $4,000 and up to one year in jail.
Additional Requirements
Beyond the standard penalties, the court may also order:
- Ignition interlock device: Required installation on your vehicle at your expense
- DWI education program: Mandatory completion of a 12-hour alcohol education course
- Community service: Between 24-100 hours
- Probation: Typically lasting 12-24 months with various conditions
Case Example: Our firm has successfully handled numerous first-time DWI cases. In one notable Dallas County case, our client was charged with DWI despite questionable field sobriety test administration. We challenged the testing procedures, and the case was ultimately dismissed before trial.
Second DWI Offense in Texas
Legal Classification and Lookback Rule
A second DWI offense in Texas is classified as a Class A misdemeanor. Unlike some states that have a “lookback period” where prior convictions only count for a limited time, Texas considers your entire lifetime history of DWI convictions. This means that even if your first DWI was 20 years ago, a new DWI will still be charged as your second offense.
💰Repeat offenses hit not just harder legally, but financially, with surcharges, fines, and deeper economic tolls.
Penalties
The consequences for a second DWI conviction are substantially harsher:
- Jail time: Minimum of 30 days to 1 year in county jail
- Fine: Up to $4,000
- License suspension: 180 days to 2 years
- Annual surcharge: $2,000 per year for three years
- Mandatory ignition interlock device: Required on all vehicles you operate
Additionally, the court may order:
- DWI intervention program: A more intensive program lasting at least 32 hours
- Community service: Up to 200 hours
- Probation: Up to 2 years with strict conditions
Case Experience: In one Collin County case we handled, our client was charged with a second DWI offense. Through careful negotiation and presentation of mitigating factors, we were able to get the charge reduced to a first-offense DWI with minimized penalties.
Need immediate help with a second DWI charge? Call our experienced Dallas DWI defense lawyer at (972) 528-0116 for a free consultation.
Third DWI Offense in Texas
Felony Classification and Impact
A third DWI offense crosses a significant legal threshold in Texas—it becomes a third-degree felony. This classification brings life-altering consequences that extend far beyond the immediate legal penalties.
If convicted of a third DWI in Texas, you face:
- Prison sentence: 2 to 10 years in state prison
- Fine: Up to $10,000
- License suspension: Up to 2 years
- Felony record: Permanent unless pardoned
Collateral Consequences
The impact of a felony DWI conviction extends far beyond jail time and fines:
- Loss of civil rights: Including the right to vote (while incarcerated) and the right to possess firearms
- Employment barriers: Many employers will not hire individuals with felony convictions
- Housing difficulties: Many landlords conduct background checks
- Professional license impacts: Many professional licenses can be suspended or revoked
- Immigration consequences: Possible deportation for non-citizens
Case Study: In a complex Tarrant County felony DWI case, our client was facing 2-10 years in prison for a third DWI offense. After meticulously reviewing the evidence, we discovered the police had conducted an illegal traffic stop. We filed a motion to suppress all evidence obtained after the stop, resulting in a dismissal of the charges.
DWI With a Child Passenger in Texas
State Jail Felony
Texas takes DWI with a child passenger extremely seriously. Under Texas Penal Code §49.045, driving while intoxicated with a passenger under 15 years old is automatically charged as a state jail felony—even for a first offense.
The penalties include:
- Jail time: 180 days to 2 years in a state jail facility
- Fine: Up to $10,000
- License suspension: Up to 2 years
- Child endangerment charges: Possible additional charges
⚠️ Endangering a child invokes intense scrutiny and severe penalties, both criminal and custodial.
Aggravating Factors
A DWI with a child passenger can have consequences beyond the criminal penalties:
- Child custody implications: Can be used against you in custody proceedings
- Child Protective Services (CPS) investigation: Possible involvement and intervention
- Enhanced scrutiny from the court: Judges treat these cases with particular severity
Comparing the Degrees of DWI in Texas
Texas law recognizes several types of DWI offenses, each with its own legal classification and penalties. To better understand the escalating penalties for multiple DWI offenses in Texas, consider this comparative breakdown:
| Offense | Classification | Jail/Prison Time | Fine | License Suspension | Ignition Interlock | Other Requirements |
|---|---|---|---|---|---|---|
| 1st DWI | Class B Misdemeanor (Class A if BAC ≥ 0.15%) | 72 hrs – 180 days | Up to $2,000 ($4,000 if BAC ≥ 0.15%) | Up to 1 year | Possible | • DWI Education Program • Community Service (24-100 hrs) |
| 2nd DWI | Class A Misdemeanor | 30 days – 1 year | Up to $4,000 | 180 days – 2 years | Mandatory | • DWI Intervention Program • Community Service (up to 200 hrs) |
| 3rd DWI | 3rd Degree Felony | 2 – 10 years | Up to $10,000 | Up to 2 years | Mandatory | • Felony Record • Loss of Civil Rights |
| DWI w/ Child Passenger | State Jail Felony | 180 days – 2 years | Up to $10,000 | Up to 2 years | Mandatory | • CPS Investigation • Possible Custody Impact |
How our Experienced DWI Attorney Can Help
With over 35 years of experience defending DWI cases in North Texas, the Law Offices of Richard C. McConathy will provide essential assistance if you’re facing DWI charges:
We challenge every aspect of your case:
- Traffic stop legality: Was there reasonable suspicion to pull you over?
- Field sobriety test administration: Were tests conducted properly?
- Breathalyzer accuracy: Was the equipment properly calibrated and maintained?
- Blood test procedures: Was proper protocol followed for collection and testing?
- Miranda rights: Were your constitutional rights respected?
💼 Our attorney brings more than advice: they bring protection, leverage, and courtroom command.
We handle your Administrative License Revocation (ALR) hearing:
This separate process from your criminal case determines if your license will be suspended. You have only 15 days from arrest to request this hearing, which is why contacting our attorney immediately is essential.
We negotiate for the best possible outcome:
- Reduction of charges
- Minimal jail time
- Alternative sentencing options
- Dismissal when possible
Our Experience with DWI Defense
The Law Offices of Richard C. McConathy has successfully defended numerous DWI cases across North Texas. Our case record includes:
- DWI Breath Test Cases: We’ve secured dismissals and not guilty verdicts in cases with breath test results well above the legal limit by challenging breathalyzer reliability and testing procedures.
- DWI Second Offenses: We have successfully negotiated reductions from second to first offense DWIs, significantly minimizing penalties for our clients.
- DWI with Child Passenger: In these serious felony cases, we’ve secured favorable outcomes including deferred probation, preventing permanent felony convictions.
- Felony DWI Cases: We’ve obtained dismissals in complex third-offense cases by identifying procedural errors and constitutional violations in police conduct.
Hypothetical Scenario: John gets pulled over after having two glasses of wine at dinner. The officer claims John failed field sobriety tests and arrests him for DWI. Without proper legal representation, John might accept a plea deal with harsh penalties. With our experienced attorney, the case might be dismissed entirely if the field sobriety tests were improperly administered or the traffic stop was conducted without reasonable suspicion.
How Our Texas DWI Defense Lawyers Can Help
At the Law Offices of Richard C. McConathy, we’ve been defending DWI cases in Dallas, Collin, Tarrant, and surrounding counties since 2002. Our experience and dedication to criminal defense have resulted in hundreds of dismissals and not-guilty verdicts in DWI cases.
Our approach includes:
- Free initial consultation to evaluate your case
- Comprehensive evidence review including police reports, video footage, and witness statements
- Expert witnesses when necessary to challenge BAC test results
- Aggressive negotiation with prosecutors
- Trial-ready preparation if your case needs to go before a jury
We understand that good people can find themselves in difficult situations. A DWI charge doesn’t define who you are, and we’re committed to helping you move forward with your life with minimal consequences.
Contact Our Texas DWI Defense Lawyers Today
If you’re facing a DWI charge in Texas—whether it’s your first offense or a subsequent charge—don’t wait to get legal help. The consequences become more severe with each offense, and early intervention by our experienced attorney will make a significant difference in the outcome of your case.
You can also to schedule an appointment at our Dallas office. Remember, the sooner you reach out, the sooner we can begin building your defense.
Contact us online or call us today at (972) 528-0116 for a free, confidential consultation. We’ll evaluate your case, explain your options, and develop a strategy to protect your future.
FAQs
What is considered a felony DWI in Texas?
In Texas, a third DWI offense automatically becomes a third-degree felony. Additionally, a first or second DWI can be charged as a felony if certain aggravating factors are present, such as having a child passenger under 15, causing serious bodily injury (intoxication assault), or causing death (intoxication manslaughter).
How long does a DWI stay on your record in Texas?
A DWI conviction in Texas stays on your criminal record permanently unless you qualify for and complete an order of nondisclosure. First-time DWI offenders may be eligible for nondisclosure after a waiting period if they complete certain requirements, including the installation of an ignition interlock device.
Can a third DWI be expunged in Texas?
No, a third DWI conviction cannot be expunged in Texas. Only arrests that did not result in a conviction may be eligible for expungement. Since a third DWI is a felony offense, the conviction will remain on your record permanently unless you receive a pardon from the governor, which is extremely rare.
Is jail mandatory for a second DWI in Texas?
Yes, Texas law mandates a minimum jail sentence of 30 days for a second DWI conviction. However, an experienced attorney may be able to negotiate alternatives such as probation with some jail time served on weekends, or in some cases, secure a reduction to a lesser charge if there are issues with the prosecution’s case.
Can I drive after my first DWI in Texas?
After a DWI arrest, your license is typically suspended through the Administrative License Revocation (ALR) process unless you request a hearing within 15 days. If convicted of a first DWI, your license will be suspended for up to a year. However, you may be eligible for an occupational license that allows limited driving for essential purposes like work, school, or medical appointments. An ignition interlock device may be required as a condition of the occupational license.