Texas law treats DWI and DUI differently. A DWI applies to adults 21 and older driving with a BAC of 0.08% or higher or while impaired. A DUI applies only to drivers under 21 with any detectable alcohol in their system. The penalties and long-term impact depend on the specific charge.
Both DUI and DWI involve operating a vehicle after consuming alcohol, but who they apply to and the legal consequences differ.
If you’re facing charges, contact our Dallas DWI lawyers today for legal guidance.
What Is a DWI? Texas DWI Penalties and Legal Definition
Under Texas Penal Code §49.04, a person commits Driving While Intoxicated (DWI) if they operate a motor vehicle while intoxicated in a public place while intoxicated.
In Texas, legal intoxication includes:
- Blood alcohol concentration (BAC) of 0.08% or higher
- Loss of normal physical or mental faculties due to any amount of alcohol, prescription drugs, or illegal drugs
DWI penalties in Texas:
- Fines: Up to $2,000 for a first offense, higher for repeat offenses
- Jail Time: 3 to 180 days for a first offense
- License Suspension: Up to one year
What Is a DUI? When to Call a DUI Attorney in Dallas
A DUI charge applies only to drivers under 21, meaning a minor can be cited for any detectable alcohol in their system—even if they are below the legal intoxication limit.
DUI penalties in Texas:
- Fines: Up to $500
- Community Service: 20 to 40 hours of alcohol-related service
- Alcohol Awareness Course: Required for first-time offenders
- License Suspension: Up to 60 days
Facing a DUI or first-time DWI offense in Texas? Our criminal defense attorneys can help protect your record and your future—contact us today.
DWI vs. DUI in Texas: Understanding the Legal Differences
While both DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are alcohol-related driving offenses, the charges and penalties vary significantly. The biggest differences are:
- Texas DWI laws are much harsher, especially for repeat offenses, and can become felonies.
- DUI is a Class C misdemeanor, while DWI can escalate from a Class B misdemeanor to a felony depending on the circumstances.
| Offense Level | DWI (All Ages) | DUI (Under 21 Only) |
|---|---|---|
| First Offense | Class B Misdemeanor – Up to $2,000 fine, 3-180 days jail, 90-day to 1-year license suspension | Class C Misdemeanor – Up to $500 fine, no jail time, up to 60-day license suspension |
| Second Offense | Class A Misdemeanor – Up to $4,000 fine, 30 days to 1 year jail, up to 2-year license suspension | Class C Misdemeanor – Up to $500 fine, 120-day license suspension |
| Third Offense | Third-Degree Felony – Up to $10,000 fine, 2-10 years in prison, up to 2-year license suspension | Class C (Under 17) – $500 fine, 180-day license suspension |
| Enhanced Offenses | Felony DWI (Child Passenger/Injury/Death) – Up to $10,000 fine, up to 20 years prison | DUI with High BAC (0.08%+) can be charged as DWI |
For detailed information on license suspensions and the reinstatement process, visit the Texas DPS Suspensions & Reinstatements page
Consequences of a DWI Conviction in Texas: Insights from a Dallas DWI Lawyer
A DWI conviction in Texas affects more than just your fines and jail time—it can disrupt your future in ways many people don’t anticipate. Beyond court-imposed penalties, here are some long-term consequences you should know:
1. Higher Insurance Costs
- A DWI stays on your record for life in Texas, making you a high-risk driver.
- Insurance rates can double or triple, and some companies may refuse to cover you.
- You may be required to obtain SR-22 insurance, which proves financial responsibility but comes with even higher premiums.
2. Impact on Employment & Professional Licenses
- Many employers conduct background checks, and a DWI can disqualify you from jobs requiring driving, security clearances, or financial responsibilities.
- Professional licenses (e.g., nurses, doctors, lawyers, teachers) can be revoked or suspended.
- CDL holders face automatic disqualification from commercial driving jobs, even for a first offense.
3. Housing & Rental Difficulties
- Landlords often run background checks, and a DWI conviction can lead to denied housing applications.
- Certain federal housing programs may disqualify individuals with alcohol-related offenses.
4. Loss of Voting & Firearm Rights (Felony DWI Only)
- A third DWI offense is a felony, which means loss of voting rights until the sentence is fully completed (including parole or probation).
- Felony convictions prohibit firearm ownership, impacting hunting, personal protection, and employment in security-related fields.
5. Travel Restrictions & Immigration Consequences
- Some countries, including Canada, deny entry to visitors with DWI convictions.
- A DWI can lead to visa denials or deportation for non-citizens.
A DUI conviction can carry many of the same long-term consequences as a DWI, but it also uniquely impacts college admissions, scholarships, and disciplinary actions
Common Defenses Against DWI/DUI Charges
If you’ve been charged with DWI or DUI, the prosecution must prove beyond a reasonable doubt that you were intoxicated and legally at fault. Our defense strategies can help challenge their case:
- Lack of probable cause: Police must have a valid legal reason to stop you, such as erratic driving or a traffic violation. If the stop was unlawful, any evidence gathered may be thrown out.
- Faulty breathalyzer results: Breathalyzers require regular calibration, and device malfunctions can produce inaccurate BAC readings. Certain medical conditions (acid reflux, diabetes, ketosis) can also falsely inflate results.
- Improperly administered field sobriety tests: Poor lighting, road conditions, and weather can affect test performance. Health conditions, injuries, and nervousness can also lead to false indicators of intoxication.
- Violation of rights: If police fail to read your Miranda rights, unlawfully question you without a lawyer, or conduct an illegal search, key evidence may be suppressed in court.
- Rising BAC defense: Alcohol takes time to absorb, meaning your BAC may have been lower when driving but higher when tested. A delayed test could misrepresent intoxication levels.
- Inaccurate blood test results: Improper handling, storage, or contamination of a blood sample can invalidate BAC results. Lab errors and fermentation can also create false positives.
- Medical or dietary conditions mimicking intoxication: Hypoglycemia, neurological disorders, fatigue, and keto diets can cause slurred speech, confusion, or unsteady movements, which officers may mistake for intoxication.
- Officer misconduct or bias: If an officer exaggerates or fabricates evidence (e.g., falsely claiming slurred speech or a failed sobriety test), it can be challenged. Dashcam and bodycam footage often contradict police reports.
The Unique Approach of Our Dallas DWI Defense Firm
For over 70 years, our firm has been a cornerstone of Dallas County criminal defense. This isn’t just a practice—it’s a family legacy. Three generations of our attorneys have defended clients in Big D’s courtrooms, mastering the local legal and political landscape to deliver results.
We know how Dallas prosecutors operate. With Mothers Against Drunk Driving (MADD) headquartered just 20 minutes from the courthouse, you can expect tough prosecution in DWI cases. Their representatives monitor trials daily, ensuring no one gets leniency. This means even first-time offenders face aggressive charges.
You need a DWI defense lawyer who understands the all types of DWI charges in Texas and knows how to win.
How Our DWI Lawyers in Dallas Can Help Your Case
- Fighting for case dismissal or reduced charges: If the prosecution’s evidence is weak, we push for a full dismissal. When that’s not possible, we negotiate for reduced charges like obstruction of a highway or reckless driving.
- Challenging evidence and test results: We examine errors in testing, improper police procedures, or rights violations to weaken the prosecution’s case.
- Protecting your driver’s license: A DWI automatically triggers a license suspension unless you fight it. We represent you at Administrative License Revocation (ALR) hearings to help you keep your driving privileges.
- Defending your criminal record: A DWI stays on your record permanently and can impact jobs, housing, and professional licenses. We work to prevent a conviction or explore expungement options when possible.
- Courtroom representation and aggressive defense: Whether at trial, negotiations, or sentencing, we develop a strategy based on local prosecution tactics, legal precedent, and your case’s unique details.
- Navigating the political and legal landscape: DWI cases in Dallas are influenced by politics and advocacy groups like MADD. We understand how local prosecutors operate and use our experience to counter their strategies effectively.
- Advising on the best legal path: Some cases are better suited for trial, while others may require plea negotiations or open court sentencing. We analyze every option to find the best strategy for your specific situation.
A DWI conviction can impact your job, your future, and your freedom. Our Dallas DWI lawyer is here to fight for the best outcome—let’s get to work.
Contact Our Dallas DWI/DUI Attorneys Today
At the Law Offices of Richard C. McConathy, we have a proven track record of successfully defending clients against DWI charges in Dallas County. If you’ve been charged with a DWI, you need aggressive legal representation to protect your rights and future.
Our firm has achieved favorable case results, including:
- Case Dismissed: In case number CR-2017-00087-C, a DWI charge was dismissed and refiled as an obstruction of a highway/passageway, resulting in a more favorable outcome for the client.
- Charge Reduction: In Collin County case 001-87157-2016, a second DWI offense was reduced to a first-time DWI, leading to lesser penalties for the client.
- DWI Breath Test Case – Not Guilty – In case MB-0235098-G (CCC6), the client’s breath test result was .11, but we successfully fought for a not guilty verdict in court.
Don’t face DWI/DUI charges alone. Contact McConathy Law today to protect your rights. Schedule a free consultation now.
FAQs About DWI vs DUI in Texas
Is a DWI or DUI worse in Texas?
A DWI is more severe than a DUI in Texas. DWI applies to all drivers with a BAC of 0.08% or higher, while DUI only applies to drivers under 21 with any alcohol in their system. DWI penalties include higher fines, possible jail time, and long-term consequences.
Can I refuse a breathalyzer test in Texas?
You can refuse, but Texas has implied consent laws, meaning refusal leads to automatic license suspension (180 days for a first offense). Refusal can also be used as evidence against you in court. However, there may be defenses if the stop was unlawful or the test improperly administered.
How long does a DWI stay on my record?
In Texas, a DWI stays on your record permanently unless it qualifies for expungement or non-disclosure. A first-time offense may be sealed if you successfully complete probation. However, repeat offenses and felony DWIs cannot be removed and remain public.
What are the costs associated with a DWI conviction?
A DWI can cost $10,000 or more when factoring in fines, court fees, attorney fees, increased insurance rates, and ignition interlock devices. Additional costs include license reinstatement fees, alcohol education courses, and potential job loss due to a criminal record.
Can I get a DWI/DUI removed from my record?
DUI charges may qualify for expungement if the case was dismissed or resulted in deferred adjudication. DWI expungement is rare, but some first-time offenses may be sealed under Texas’ nondisclosure law if all conditions are met.
Can You Get a DUI or DWI Without Driving?
Yes, you can be charged with DWI without actively driving if you are in “actual physical control” of the vehicle, such as sitting in the driver’s seat with the engine running. For DUI (under 21), any alcohol consumption while near or inside a vehicle could result in charges.