DWI vs. Obstruction of a Highway: What’s the Difference and Why It Matters

If you’re reading this, you are probably well aware of the seriousness and stigma that comes along with a Driving While Intoxicated charge. Because of this, you’re most likely searching for an alternative to a potential DWI conviction. 

If this sounds like you and you’re not sure what to do next, you may be able to benefit from learning about Obstruction of Highway and how it may apply to your case. 

DWI is a very serious charge, and it can have lasting effects on your future. However, it’s important to remember that a charge doesn’t necessarily have to end in conviction. 

If you’re someone who’s trying to figure out some sort of chance of getting your charges reduced or dismissed, it’s time to educate yourself on Obstruction of Highway, and how this charge compares to DWI.

What is Obstruction of a Highway?

Texas Penal Code Section 42.03 defines obstruction of the highway as an individual obstructing a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others. 

This offense also takes place when an individual disobeys a reasonable request or order to move issued by a peace officer or fireman.

As you can tell, this is much different than the straightforward definition of DWI, according to Section 49.04 of the Texas Penal Code:

 A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

Should I Fight for an Obstruction of a Highway Conviction?

If you’re facing a DWI charge in Texas and you’re hoping for a better outcome, fighting for a conviction of Obstruction of a Highway could be one of the smartest moves you can make — especially if you’re a first-time offender with a clean record.

Here’s why so many people seek this outcome:

✅ Obstruction doesn’t carry the same stigma as intoxication-related offenses like DWI or DUI.

✅ Fewer long-term consequences — no automatic license suspension, no DPS surcharges, and far less of an impact on things like job applications or college admissions.

✅ It’s often considered more of a traffic offense than an alcohol-related crime.

✅ If you’re trying to rebuild your life, an Obstruction charge is far easier to move on from than a full DWI.

While it’s still a Class B misdemeanor, Obstruction is the kind of charge that, with time and the right steps, you can put behind you. That’s not always the case with a DWI, which can follow you for the rest of your life.

Committing Obstruction of a Highway typically does not entail the driver’s license suspensions, high insurance rates, and negative public stigma that come along with a DWI conviction.

This is viewed as a traffic-related offense and not an intoxication-related offense such as public intoxication or intoxicated assault.

This will also help you if you plan on applying to jobs or educational institutions in the future. Having a DWI appear on your record of criminal history can hinder your future possibilities and make your life harder, whereas this is much, much less likely if you “only” have an Obstruction conviction on your record.

DWI vs. Obstruction of a Highway: Side-by-Side Comparison

Can My DWI Be Reduced to Obstruction?

It’s possible — but not guaranteed. And it depends on the facts of your case.

You may be a strong candidate for a reduced charge if:

• You have no prior DWI convictions or arrests

• No one was hurt and no property was damaged

• Your BAC was near or just above 0.08%

• You were respectful and compliant during your arrest

• Your attorney identifies flaws in the traffic stop (such as a lack of reasonable suspicion or probable cause)

Important: If your case involved an unlawful stop, your attorney may even be able to push for a full dismissal, not just a reduction.

Investigating the case and analyzing the facts of a DWI case is not always easy, though. 

If you are trying to figure out any type of unlawful activity that is involved in your criminal case, it is always best to hire a criminal defense attorney. 

At The Law Office of Richard C. McConathy, we specialize in criminal defense and DWI charges in Texas, including Dallas and Irving. 

Led by experienced defense lawyer Richard McConathy, you can count on our law offices to help you get through your tough times. 

Charges should never be taken lightly, and our legal professionals have the knowledge and foresight necessary to provide you with quality defense. For more information on how we can help, call today at (817) 422-5350.

When Is a Reduction to Obstruction Unlikely?

Unfortunately, not everyone is eligible for a reduced charge. 

Texas prosecutors take DWI offenses seriously — and they’re especially strict when:

• You’ve had prior DWIs or a serious criminal record

• You had a very high BAC (well above 0.08%)

• The incident involved injuries, minors in the vehicle, or reckless behavior

• You’re perceived as a repeat risk to public safety

In these cases, the chances of a reduction to Obstruction of a Highway may be extremely low. Prosecutors, particularly in places like Dallas and Tarrant county, often want to make an example of repeat offenders or dangerous drivers.

Contact Our Texas DWI Defense Attorneys | Law Offices of Richard C. McConathy

Investigating the circumstances of your DWI case is not always straightforward. 

It takes legal knowledge, experience, and real attention to detail.

At the Law Office of Richard C. McConathy, we specialize in criminal defense and DWI cases across Texas.

Led by experienced attorney Richard McConathy, our team has handled thousands of cases and understands exactly how to evaluate whether a charge reduction is possible. 

–> Contact us here for a free case evaluation.