The 10 Types of DWI Charges in Texas You Need to Know

If you are facing these serious allegations, it is essential to understand the different types of DWI charges in Texas. Each type carries unique legal definitions, penalties, and long-term consequences that can affect your future.

This article provides an overview of DWI classifications, their impact, and how our skilled defense attorneys can protect your rights.

What is a DWI charge in Texas?

A DWI charge in Texas involves operating a vehicle in a public place while intoxicated. Intoxication can be defined in two ways: having a Blood Alcohol Concentration (BAC) of 0.08% or higher, or losing the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances.

In Texas, DWI charges are typically more severe than DUI charges.

While both address impaired driving, DWI (Driving While Intoxicated) applies to adults with a BAC of 0.08% or higher or clear signs of impairment. In contrast, DUI (Driving Under the Influence) is specific to minors under the zero-tolerance policy, penalizing any detectable alcohol in their system.

Regardless of the type of DWI offense—whether driving, boating, or flying while intoxicated—the Administrative License Revocation (ALR) process and Texas’ per se intoxication law apply.

Per se intoxication: A BAC of 0.08% or higher automatically constitutes intoxication, regardless of driving performance or behavior. This applies to all DWI-related offenses, including Boating While Intoxicated (BWI) and Flying While Intoxicated (FWI).
15-day ALR deadline: The ALR process begins immediately after an arrest, triggering an automatic suspension of driving or operating privileges unless you request a hearing within 15 days. This critical window applies to DWI, BWI, and FWI cases alike, making prompt action essential.

Acting quickly is essential to protecting your rights, your reputation, and your future. Contact us today to start building your defense and safeguarding your freedom.

1. First-time DWI: what class is a DWI in Texas?

A first DWI charge in Texas refers to the first time an individual is arrested and charged with driving while intoxicated, with no prior DWI convictions on their record. This offense is generally classified as a Class B misdemeanor, carrying serious consequences under Texas law.

To be charged with a DWI, a person must operate a motor vehicle in a public place while intoxicated. Intoxication is legally by Texas Penal Code § 49.01(2) as:

Not having the normal use of mental or physical faculties due to the consumption of alcohol, a controlled substance, a drug, or a combination of substances.
Having a blood alcohol concentration (BAC) of 0.08% or higher.

A motor vehicle, as defined by Texas Penal Code § 49.01(a), refers to any device that can transport a person or property, excluding devices used solely on stationary tracks or rails, such as trains.

To “operate” a motor vehicle, a person must have actual physical control of the vehicle, even if they are not actively driving when stopped.

Even if a person believes they are capable of driving, they can still be charged if they are deemed legally intoxicated or fail a chemical test.

Texas law measures BAC (Blood Alcohol Concentration) as the number of grams of alcohol per:

210 liters of breath,
100 milliliters of blood, or
67 milliliters of urine.

A BAC of 0.08% or higher results in an automatic arrest for DWI. For reference:

A 100-pound woman can reach a BAC of 0.08% with two drinks in one hour.
A 180-pound man may hit 0.08% after four drinks in the same timeframe.

One drink in Texas is considered a 1.5-ounce shot of 80 proof liquor (40% alcohol by volume), one 12-ounce beer (4.5% alcohol by volume), or one 5-ounce glass of wine (12% alcohol by volume).

Many individuals charged with a first DWI believe they can drive safely but unknowingly blow over the legal limit. The legal threshold of 0.08% in Texas is relatively low and can lead to DWI charges even when individuals may feel and appear capable of driving responsibly. This highlights the strict enforcement of BAC limits and the importance of understanding your body’s response to alcohol.

Fines: Up to $2,000.
Jail time: 72 hours to 180 days. If an open alcoholic container is found in the vehicle, the minimum jail time increases to six days.
License suspension: 90 days to one year, starting on a date determined by the court.
State surcharges: Annual surcharges of $1,000 to $2,000 for three years to retain your driver’s license.
Community service: Up to 200 hours.
Probation requirements: Monthly reporting to a probation officer, which may also include additional conditions such as abstaining from alcohol or undergoing random testing.
Community supervision: Depending on the circumstances of your case, you may be placed under supervision with compliance checks by the court or probation officers.
Additional costs: Court costs, installation of an ignition interlock device, and attendance at an approved alcohol or drug education program or DWI school.
Criminal record: A DWI conviction will leave you with a permanent criminal record, potentially impacting employment, housing, and professional licensing opportunities.

The financial toll extends beyond these court-imposed penalties. You may face increased insurance premiums, restricted career opportunities, and even limits on pursuing higher education, making it essential to address these charges with our comprehensive legal defense.

An aggravating factor is any circumstance that increases the severity of penalties for an offense beyond the standard punishment for a first-time DWI:

High BAC (0.15%+): Elevates the charge to a Class A misdemeanor.
Accidents: Injury = intoxication assault (third-degree felony); death = intoxication manslaughter (second-degree felony).
Child passenger: Driving with a minor under 15 is a state jail felony.
Chemical test refusal: Automatic license suspension; refusal used in court.
Open alcoholic container: Adds a mandatory six-day jail minimum.
School zones or reckless driving: Penalties increase in sensitive areas or with dangerous driving behaviors.

2. Felony DWI: How many DUIs is a felony in Texas?

In Texas, a DWI becomes a felony offense under specific circumstances, resulting in severe penalties and long-term consequences. Unlike a first or second DWI charge, felony DWIs involve aggravating factors or repeat offenses.

Under Tex. Penal Code § 49.09(b), a DWI is classified as a felony when:

Third or subsequent offenses: A third DWI conviction is automatically a third-degree felony.
DWI with a child passenger: Driving while intoxicated with a passenger under 15 years old is a state jail felony, as defined in Tex. Penal Code § 49.045.
Intoxication assault: Causing serious bodily injury to another person while intoxicated is a third-degree felony under Tex. Penal Code § 49.07. This increases to a second-degree felony if the victim is a peace officer, firefighter, or emergency medical personnel.
Intoxication manslaughter: If intoxication leads to the death of another person, it is a second-degree felony under Tex. Penal Code § 49.08. This becomes a first-degree felony if the victim is a peace officer, firefighter, or emergency medical personnel.

A repeat offender in Texas is someone with prior DWI convictions, which are treated more severely to address the risks of repeated impaired driving.

A second DWI is a Class A misdemeanor, while a third is elevated to a third-degree felony. Repeat felony DWI offenses within five years incur harsher penalties, including extended prison time, mandatory license suspensions, and additional sanctions.

Subsequent convictions for intoxication assault or manslaughter within five or ten years result in even stricter penalties.

Repeat offenders must complete a state-approved 32-hour alcohol or drug education program under Tex. Penal Code Ann. § 42.12(13)(j). Failure to do so leads to automatic license revocation until the course is completed.

Under Tex. Penal Code Chapter 12, felony DWIs carry severe penalties based on the classification:

State jail felony: 180 days to 2 years imprisonment and fines up to $10,000.
Third-degree felony: 2 to 10 years imprisonment and fines up to $10,000.
Second-degree felony: 2 to 20 years imprisonment and fines up to $10,000.
First-degree felony: 5 to 99 years or life imprisonment and fines up to $10,000.

Additionally, felony convictions result in:

Driver’s license suspension: Felony DWIs lead to license suspensions ranging from 90 days to two years, depending on the offense.
Ignition interlock device requirements: Repeat offenders must install an ignition interlock device on their vehicle.
Mandatory education programs: Repeat offenders are required to attend a 32-hour alcohol or drug education program. Failing to complete this program results in license revocation until the program is completed.

According to Tex. Transp. Code § 521.344, a felony DWI conviction can result in the suspension of your driver’s license. Suspension durations vary by offense type:

First DWI with a child passenger: 90 days to one year.
First intoxication assault: 90 days to one year.
Second or subsequent DWI assault within five years of a prior offense: 90 days to one year, plus an additional one-year suspension.
Repeat felony DWI offenses: 180 days to two years.
Repeat felony DWI offenses within five years of a prior offense: One to two years.
First intoxication manslaughter: 180 days to two years.
Second or subsequent intoxication manslaughter within ten years of a prior offense: One to two years.

A felony DWI conviction in Texas has long-term repercussions beyond fines and imprisonment. These include:

Loss of the right to vote or hold public office.
Inability to own or possess firearms.
Disqualification from certain government assistance programs.
Limited access to professional licenses and employment opportunities.

Our experienced lawyers can help you handle challenging times, protect your rights, and fight for the best possible outcome. Contact us today to get started.

Offense	Felony Level	Jail/Prison Time	Fines	Driver’s License Suspension	Additional Penalties
DWI with child passenger	State jail felony	180 days to 2 years	Up to $10,000	90 days to 1 year	Ignition interlock device, alcohol education program, community service
Third offense DWI	Third-degree felony	2 to 10 years	Up to $10,000	180 days to 2 years	Mandatory ignition interlock device, alcohol education program, community service
Repeat felony DWI offenses	Third-degree felony	2 to 10 years	Up to $10,000	180 days to 2 years
Repeat felony DWI offenses (within five years)	Third-degree felony	2 to 10 years	Up to $10,000	1 to 2 years
Intoxication assault	Third-degree felony	2 to 10 years	Up to $10,000	90 days to 1 year	Up to 1,000 hours of community service, ignition interlock device, alcohol education
Intoxication assault (victim is a peace officer, firefighter, or EMT)	Second-degree felony	2 to 20 years	Up to $10,000	1 to 2 years
Second or subsequent DWI assault (within five years)	Second-degree felony	2 to 20 years	Up to $10,000	90 days to 1 year, plus an additional 1-year suspension
First intoxication manslaughter	Second-degree felony	2 to 20 years	Up to $10,000	180 days to 2 years	Mandatory alcohol education program, ignition interlock device, potential lifelong record
Second or subsequent intoxication manslaughter (within ten years)	Second-degree felony	2 to 20 years	Up to $10,000	1 to 2 years
Intoxication manslaughter (victim is a peace officer, firefighter, or EMT)	First-degree felony	5 to 99 years or life imprisonment	Up to $10,000	1 to 2 years

3. Boating while intoxicated

Boating while intoxicated (BWI) is governed by Texas Penal Code § 49.06, which states that a person commits this offense if they operate a watercraft while intoxicated. BWI is treated with the same seriousness as a DWI, with strict enforcement on Texas waterways.

A “watercraft” is defined as:

A vessel.
One or more water skis.
An aquaplane.
Any device used to transport a person on water, excluding devices powered solely by the water’s current.

While the legal definition of intoxication is the same for both BWI and DWI (a BAC of 0.08% or loss of normal physical or mental faculties due to substances), BWI cases differ in several ways:

Detection methods: Officers may conduct sobriety tests on unstable boat surfaces or at designated checkpoints.
Environment: Factors like dehydration, sun exposure, and boat motion can mimic signs of intoxication.
Jurisdiction: BWI laws apply to all public waterways, including lakes, rivers, and coastal waters.

These penalties range from misdemeanors for first-time offenders to felonies for repeat offenses or circumstances that elevate the risk to public safety. The classification of the charge—Class B misdemeanor, Class A misdemeanor, or third-degree felony—reflects the seriousness of the offense and its potential consequences.

First offense – class B misdemeanor:

Jail time: 72 hours to 180 days.
Fines: Up to $2,000.
License suspension: Possible suspension for up to one year.

This classification applies to first-time offenders without aggravating factors.

Second offense – class A misdemeanor:

Jail time: 30 days to one year.
Fines: Up to $4,000.
License suspension: Up to two years.

Repeat offenses demonstrate a pattern of behavior, resulting in stricter consequences to deter future violations.

Third offense – third-degree felony:

Prison time: 2 to 10 years.
Fines: Up to $10,000.
License suspension: Up to two years.

Felony charges carry long-term consequences, including the loss of certain civil rights, limitations on employment opportunities, and a permanent criminal record.

Certain aggravating factors can increase the severity of the charges, regardless of whether it is a first, second, or third offense. These include:

High blood alcohol concentration (BAC): A BAC of 0.15% or higher may elevate a first offense to a Class A misdemeanor.
Injury or death: Causing serious bodily injury, classified as intoxication assault, is a third-degree felony punishable by 2 to 10 years in prison and/or fines up to $10,000. If the victim is a peace officer, firefighter, or EMT, the charge escalates to a second-degree felony with penalties of 2 to 20 years in prison and/or fines up to $10,000. Causing a fatality, classified as intoxication manslaughter, is a second-degree felony punishable by 2 to 20 years in prison and/or fines up to $10,000. If the victim is a peace officer, firefighter, or EMT, the offense becomes a first-degree felony, with penalties ranging from 5 to 99 years or life imprisonment and/or fines up to $10,000.
Child passenger: Operating a watercraft while intoxicated with a passenger under 15 years old is a state jail felony.
Repeat offenses: Multiple offenses within a specific time frame can lead to enhanced penalties.

In addition to fines and jail time, those convicted of BWI may face:

Driver’s license suspension for both boating and general driving privileges.
Mandatory alcohol education programs.
Installation of an ignition interlock device.
Community service requirements.
Surcharges and court fees.

BWI charges often present unique challenges for defendants, including:

Environmental factors: Sun exposure, dehydration, and boat movement can mimic signs of intoxication, leading to false accusations.
Sobriety test reliability: Tests conducted on unstable surfaces, such as boats, are less reliable and may be contested in court.

Aspect	DWI (Driving While Intoxicated)	BWI (Boating While Intoxicated)
Enforcement Area	Land-based (roads, highways, public places)	Water-based (lakes, rivers, coastal waters)
Sobriety Tests	Breathalyzer, field sobriety tests on stable surfaces	Boat-specific tests, may include sobriety checks conducted on unstable boat surfaces or at checkpoints
Consequences	Similar penalties: fines, jail time, license suspension	Similar penalties: fines, jail time, potential suspension of driving and/or boating privileges

4. Drug-related DWI

A drug-related driving while intoxicated (DWI) charge in Texas arises when a person operates a motor vehicle while impaired due to the influence of prescription medications, over-the-counter drugs (OTC), or illegal substances. These cases are complex, as they often depend on subjective assessments and chemical testing rather than measurable limits like the 0.08% BAC standard for alcohol-related DWIs.

Ambien
Hydrocodone
Codeine
OxyContin
Percocet
Xanax
Vicodin
Morphine

Marijuana
Cocaine
Methamphetamines
LSD (Acid)
PCP
Heroin
Psilocybin (Magic Mushrooms)

Both legal and illegal drugs can lead to a DWI charge, even when taken as prescribed or consumed in small amounts.

Proving impairment in drug-related DWI cases involves chemical testing and field sobriety evaluations, both of which can be contested due to procedural and technical issues:

Chemical testing: Blood samples are tested using gas chromatography to detect drug presence. However, inaccuracies can occur if drugs remain from prior use or if blood is drawn by an unqualified individual. Hospital tests using blood serum are less reliable than whole blood tests.
Field sobriety and drug recognition tests: These evaluations rely on subjective assessments by Drug Recognition Experts (DREs). Factors like fatigue or medical conditions can mimic impairment, leading to false conclusions.
Refusal of chemical testing: Under Texas Transportation Code § 724.013, drivers can refuse blood or urine testing. Exceptions include serious accidents where forced blood draws are legally permitted.

Drug-related Driving While Intoxicated (DWI) offenses in Texas carry escalating penalties depending on the number of offenses, specific circumstances, and the presence of aggravating factors.

A first-time drug-related DWI is classified as a class B misdemeanor:

Jail time: 72 hours to 180 days.
Fines: Up to $2,000.
Driver’s license suspension: Up to one year.

A second drug-related DWI offense escalates to a class A misdemeanor:

Jail time: 30 days to one year.
Fines: Up to $4,000.
Driver’s license suspension: Up to two years.

A third or subsequent drug-related DWI offense is classified as a third-degree felony:

Prison time: 2 to 10 years.
Fines: Up to $10,000.
Driver’s license suspension: Up to two years.

Felony charges come with long-term consequences, including a permanent criminal record, loss of certain civil rights, and significant professional limitations.

Repeat drug-related DWI offenses within five years carry additional penalties, including:

Longer incarceration periods: Sentences increase based on prior offenses and timeframes.
Mandatory education or rehabilitation: Offenders must attend state-approved drug education or treatment programs to address substance abuse.
Extended license suspensions: Up to two years, with stricter requirements for reinstatement.

Installation of an ignition interlock device
Community supervision or probation
Community service
Requirements to attend an approved drug education program
DWI school
Automatic license suspension for six months plus possible additional suspension time
Court costs
A criminal record

Drug-related DWIs can escalate to felony charges in cases involving severe outcomes like serious bodily injury or death. Charges such as intoxication assault and intoxication manslaughter carry significant penalties, including lengthy prison sentences and substantial fines.

Additional aggravating factors—such as prior DWI convictions, high levels of impairment, or incidents involving multiple victims—can lead to even harsher consequences.

The subjective nature of drug-related DWI cases makes it critical to challenge the evidence, and our team is here to help. We can:

Contest the reliability of blood test results and field sobriety evaluations, which often lack accuracy in drug-related cases.
Identify procedural errors, such as improper blood sampling or lack of qualifications for those administering the tests.
Highlight inconsistencies in the arrest process or gaps in the prosecution’s case, ensuring your side of the story is heard.

Drug-related DWIs carry serious consequences, but with our experienced attorneys by your side, you can build a strong legal defense. Contact us today to protect your rights and fight your case.

5. Enhanced penalties for BAC over 0.15%: how it differs from standard DWI

A DWI involving a Blood Alcohol Concentration (BAC) of 0.15% or higher is treated as an enhanced offense under Texas law, reflecting the heightened risk posed by significant impairment.

Unlike a standard DWI, which is classified as a Class B misdemeanor (BAC 0.08%-0.14%), an elevated BAC offense is a class A misdemeanor, carrying stricter penalties, including higher fines and longer jail sentences.

Jail time: 30 days to 1 year in county jail.
Fines: Up to $4,000.
Driver’s license suspension: Up to 1 year.
Ignition Interlock Device (IID): Mandatory installation on any vehicle you operate. The IID requires a clean breath sample before the engine starts.
Alcohol education or treatment programs: Courts may require attendance at state-approved classes as part of sentencing or probation.

A DWI conviction with BAC over 0.15% can have long-term consequences beyond fines and jail time:

Increased insurance rates: A conviction will likely result in significantly higher premiums.
Employment challenges: Jobs requiring a clean driving record or background check may no longer be accessible.
Reputation damage: A criminal record can affect personal and professional relationships.

Challenges in BAC evidence

Challenging the validity of BAC evidence is critical in defending against DWI charges. Common issues include:

Calibration errors: Breathalyzer devices may not be properly calibrated, leading to inaccurate results.
Timing of testing: Alcohol levels can rise after driving, meaning BAC at the time of testing may not reflect levels while driving.
Procedural errors: Mistakes made during sample collection, storage, or testing can render results invalid.

Our legal team examines every detail of BAC testing to identify weaknesses in the prosecution’s case.

6. DWI with a child passenger

A DWI with a child passenger is one of the most severe DWI offenses in Texas, with far-reaching legal, ethical, and personal consequences. Driving while intoxicated with a minor under the age of 15 in the vehicle is not only illegal but also a profound breach of responsibility and care.

Courts treat these cases with heightened sensitivity, imposing strict penalties to protect vulnerable individuals and deter impaired driving.

A DWI with a child passenger is a state jail felony, making it far more severe than a standard DWI. Courts prosecute these cases aggressively due to the heightened risk to a minor’s safety, leaving little room for leniency.

State jail felony penalties:

- Jail time: 180 days to 2 years in state jail.
- Fines: Up to $10,000.

Additional penalties:

- Installation of an ignition interlock device.
- Community service up to 1,000 hours for felony offenses.
- Probation or community supervision, often including regular compliance checks.
- Completion of an approved alcohol or drug education course.
- Attendance at DWI school or repeat offender DWI school.
- Court costs and any additional fees required by the court.

Certain aggravating factors can escalate the penalties for a DWI with a child passenger, further emphasizing the seriousness of the offense. These factors may include a high BAC level (0.15% or higher), which demonstrates significant impairment, or prior DWI convictions, indicating a pattern of reckless behavior.

Additional endangerment to the child, such as causing an accident or operating the vehicle in unsafe conditions, can also lead to harsher sentencing. Courts often treat these situations with heightened scrutiny to prioritize the safety and well-being of minors.

Beyond the immediate penalties, a conviction for DWI with a child passenger has profound long-term effects:

Employment challenges: A felony conviction can disqualify individuals from many careers, especially those involving children or public trust.
Parental rights: Child Protective Services (CPS) investigations may result in restricted visitation or even loss of custody.
Reputation damage: The stigma of endangering a child can have lasting effects on personal and professional relationships.

Facing a charge for DWI with a child passenger requires immediate and strategic legal action. Our experienced attorneys can:

Challenge evidence: Contest the accuracy of BAC results, field sobriety tests, or police procedures.
Build a strong defense: Identify weaknesses in the prosecution’s case, such as lack of probable cause or procedural errors.
Negotiate alternatives: Advocate for reduced charges or alternative sentencing options, such as rehabilitation programs or voluntary community service.

7. Flying while intoxicated

Operating an aircraft while intoxicated, referred to as Flying While Intoxicated (FWI), is a serious offense under Texas Penal Code § 49.05. With its significant aviation presence, including Dallas-Fort Worth International Airport and numerous smaller airports, the Dallas-Fort Worth area sees strict enforcement of FWI laws to ensure public safety.

While the legal definition of intoxication is the same for FWI and DWI (a BAC of 0.08% or loss of normal faculties due to substances), FWI involves unique considerations:

Environment: Impairment in the air can have catastrophic consequences, prompting aggressive prosecution.
Detection methods: Airport officials may conduct pre-flight sobriety checks or investigate post-incident behaviors.
Jurisdiction: FWI enforcement includes state, federal, and international laws due to the nature of aviation.

The penalties for FWI escalate based on the offense’s severity, including repeat violations and aggravating factors. These penalties align with those for DWI and reflect the heightened risks associated with operating aircraft.

First offense: class B misdemeanor:

Jail time: 72 hours to 180 days.
Fines: Up to $2,000.
License suspension: Possible suspension of pilot and driver’s licenses for up to one year.

Second offense: class A misdemeanor:

Jail time: 30 days to one year.
Fines: Up to $4,000.
License suspension: Up to two years.

Third offense: third-degree felony:

Prison time: 2 to 10 years.
Fines: Up to $10,000.
License suspension: Up to two years.

The aggravating factors for Flying While Intoxicated (FWI) are consistent with those for other DWI offenses in Texas.

High BAC levels: A BAC of 0.15% or higher results in elevated penalties.
Injury or death: Causing serious bodily injury (intoxication assault) is a third-degree felony, punishable by 2 to 10 years in prison and/or fines up to $10,000. If the victim is a peace officer, firefighter, or EMT, it escalates to a second-degree felony with 2 to 20 years in prison. Causing a fatality (intoxication manslaughter) is a second-degree felony with 2 to 20 years in prison, rising to a first-degree felony (5 to 99 years or life imprisonment) if the victim is a peace officer, firefighter, or EMT.
Repeat offenses: Multiple FWI convictions within a set timeframe lead to harsher penalties, including extended license suspensions.

FAA penalties: Suspension or revocation of pilot licenses under FAR Part 61.15.
Employment challenges: Pilots may lose aviation jobs or face disqualification from related roles.
Mandatory alcohol education programs and community service.
Reputation damage: Professional relationships may suffer significantly.

Sobriety test reliability: Testing conducted post-flight or on unstable surfaces may be inaccurate.
Environmental factors: Fatigue, dehydration, or turbulence may mimic impairment.
Procedural issues: Errors in arrest procedures or evidence collection may be contested.

The stakes are high, but with the right legal representation, you can protect your rights and fight for the best possible outcome. Contact us today to begin building a strong defense.

8. Intoxication assault: degrees of DWI in Texas

Intoxication assault is a serious offense in Texas, charged when a person operating a vehicle while intoxicated causes serious bodily injury to another. Unlike standard DWI charges, intoxication assault involves harm to others, leading to harsher penalties and long-term consequences.

Under Texas law, serious bodily injury is defined as injuries that:

Create a substantial risk of death.
Cause permanent disfigurement.
Result in long-term loss or impairment of any bodily function or organ.

Intent is not required for intoxication assault charges. Even accidental injuries caused while intoxicated can result in prosecution, provided the state proves that intoxication was the direct cause of the injury.

Intoxication assault is a third-degree felony, punishable by:

Prison time: 2 to 10 years.
Fines: Up to $10,000.
Driver’s license suspension: Up to 2 years.

If the victim is a peace officer, firefighter, or emergency medical personnel, the charge becomes a second-degree felony with penalties of:

Prison time: 2 to 20 years.
Fines: Up to $10,000.

Certain circumstances can elevate the severity of penalties or complicate intoxication assault cases. A high blood alcohol concentration (BAC), especially levels above 0.15%, injuries involving multiple victims, and prior DWI convictions are key aggravating factors. Courts view these as indicators of heightened danger or a pattern of reckless behavior, often resulting in stricter penalties and more severe sentencing.

In addition to the legal penalties, a conviction for intoxication assault can have lasting effects on your life. A felony conviction may damage your reputation, limit employment opportunities, and make it difficult to secure housing. Furthermore, it can result in significantly higher insurance premiums or a complete loss of coverage. These far-reaching consequences demonstrate the importance of mounting a strong defense to protect your future.

Each intoxication assault case is unique, but common defense strategies include:

Challenging causation: The prosecution must prove that intoxication directly caused the injury. If other factors, such as another driver’s actions or unsafe road conditions, contributed to the accident, it may weaken their case.
Disputing BAC evidence: Blood and breath alcohol tests are not infallible. Calibration errors, improper sample handling, or delays in testing can lead to inaccurate results that may be challenged in court.
Procedural violations: If law enforcement failed to follow proper procedures during the arrest or testing process, the evidence obtained may be inadmissible, strengthening the defense.

A conviction for intoxication assault can alter your life forever, leaving you with a felony record that impacts your ability to find employment, secure housing, and maintain professional licenses. Additionally, the penalties often include significant prison time, steep fines, and long-term driver’s license suspensions.

At our firm, we take an aggressive approach to defending intoxication assault cases. We focus on:

Thoroughly investigating every aspect of your case, from the arrest to the evidence presented.
Identifying weaknesses in the prosecution’s arguments, such as unreliable BAC results or procedural errors.
Negotiating with prosecutors to seek reduced charges or alternative sentencing options where possible.

*Case scenario: Driver A consumed drugs before getting behind the wheel. While driving on a public road, they collided with another vehicle, causing serious injuries to its occupants. Charged with intoxication assault, Driver A faced severe consequences under Texas law.

As a third-degree felony, intoxication assault carries penalties of 2 to 10 years in prison and fines of up to $10,000. Additional penalties included a driver’s license suspension of up to two years and mandatory community service. The severity of the charges increased due to Driver A’s high level of impairment and the involvement of multiple victims, underscoring the serious nature of intoxication assault cases.

*This scenario is for illustrative purposes only

9. Intoxication manslaughter

Intoxication manslaughter is one of the most serious DWI-related charges in Texas, involving the death of another person due to the intoxicated operation of a vehicle. Unlike standard DWI offenses, this charge focuses on fatalities, resulting in harsher penalties and significant legal consequences.

Under Texas law, intoxication manslaughter is defined as:

Operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated.
Causing the death of another person, either by accident or mistake, as a direct result of intoxication.

Intent is not required for intoxication manslaughter charges. Even unintentional fatalities caused while intoxicated can lead to prosecution if the state proves that intoxication was the direct cause of the death.

Intoxication manslaughter is classified as a second-degree felony, carrying harsh penalties:

Prison sentence: 2 to 20 years.
Fines: Up to $10,000.
Driver’s license suspension: 180 days to 2 years.

If the victim is a peace officer, firefighter, or emergency medical personnel, the charge becomes a first-degree felony with penalties of:

Prison sentence: 5 to 99 years or life imprisonment.
Fines: Up to $10,000.

Several factors can lead to harsher penalties for intoxication manslaughter. These include multiple fatalities resulting from the same incident, an extremely high BAC (especially over 0.15%), and prior DWI convictions, which indicate a pattern of dangerous behavior. Courts view these factors as signs of heightened risk and may impose stricter sentences.

Beyond legal penalties, intoxication manslaughter can have life-altering effects. Families of victims often pursue wrongful death lawsuits, adding significant financial burdens to an already challenging situation. A felony conviction can permanently damage your reputation, hinder employment prospects, and complicate housing applications. Additionally, a conviction can lead to dramatically increased insurance premiums or the complete loss of coverage.

Intoxication manslaughter differs from related crimes primarily in its requirement to prove intoxication as a contributing factor to the fatality. Unlike vehicular manslaughter, which involves reckless operation without intoxication, or criminally negligent homicide, which stems from negligence rather than recklessness, intoxication manslaughter results from impaired driving leading to an accidental death.

While both intoxication manslaughter and murder involve a loss of life, the distinction lies in intent. Intoxication manslaughter is a crime of negligence or recklessness, with no intent to kill.

An experienced attorney can build a defense by focusing on weaknesses in the prosecution’s case, such as:

Disputing causation: Arguing that the death resulted from factors unrelated to intoxication, such as another driver’s actions or mechanical failure.
Challenging BAC evidence: Highlighting inaccuracies in testing methods or errors in sample collection.
Procedural violations: Identifying errors in the arrest process, such as lack of probable cause or improper administration of tests.

10.Juvenile/underage DWI

In Texas, minors face a zero-tolerance policy for alcohol consumption while driving. Underage drivers can be charged with either Driving Under the Influence (DUI) or, in certain cases, Driving While Intoxicated (DWI), depending on the specifics of the offense.

These charges carry serious legal, educational, and social consequences that can impact a minor’s future.

Under Texas Alcoholic Beverage Code § 106.041, a DUI applies to individuals under 21 who operate a motor vehicle or watercraft with any detectable amount of alcohol in their system. Unlike adult DWI charges, a DUI does not require a BAC of 0.08%—even a trace of alcohol is enough under Texas’ zero-tolerance policy.

Their BAC exceeds 0.08%, or
They are impaired due to drugs, alcohol, or a combination of substances.

DUI is generally classified as a Class C misdemeanor, while DWI charges for minors may result in penalties similar to those for adults. Minors aged 17 to 20 remain subject to zero-tolerance laws but may be prosecuted as adults for DWI offenses, exposing them to harsher penalties.

Texas Family Code § 51.02 defines minors as individuals:

Between the ages of 10 and 17, or
17 but under 18, if the offense occurred before their 17th birthday.

1. First-time DUI (zero-tolerance violation)

Fines: Up to $500.
Community service: 20 to 40 hours focused on alcohol education or prevention.
Mandatory alcohol awareness classes: Minors must complete the course within 90 days, with parents often required to attend.
License suspension: 60 to 120 days for first-time offenses, depending on compliance with court requirements.

2. DWI for underage drivers: When a minor’s BAC exceeds 0.08%, or drugs are involved, they may face penalties similar to adults, such as:

Fines: Up to $2,000 for a Class B misdemeanor.
Jail time: Up to 180 days.
License suspension: Up to 1 year.

Repeat offenses or aggravated circumstances, such as causing an accident, can lead to enhanced penalties, including felony charges.

Juvenile DUI/DWI offenses under Texas’ zero-tolerance laws become more severe when aggravating factors are present. These include:

High BAC levels: Although any detectable alcohol violates zero-tolerance laws, a BAC over 0.08% can escalate the offense to a DWI, and a BAC over 0.15% results in even harsher penalties, similar to those faced by adults with elevated BAC.
Repeat offenses: Prior convictions for DUI or DWI signal a pattern of dangerous behavior, often leading to stricter sentencing.
Injury or property damage: Causing injuries or significant property damage while driving under the influence can elevate the offense to felony-level charges like intoxication assault or manslaughter.
Combination of substances: The presence of drugs, in addition to alcohol, intensifies the severity of the charges and penalties.

Juvenile DWI offenses in Texas frequently result in automatic license suspensions, which vary based on the circumstances of the case.

A first refusal to submit to chemical testing leads to a 180-day suspension, while a second refusal within 10 years results in a 2-year suspension. For minors convicted of DWI or detected with any amount of alcohol in their system, license suspensions range from 60 to 180 days, depending on prior offenses.

Additionally, the Administrative License Revocation (ALR) process operates alongside criminal proceedings, creating a separate set of penalties. To prevent immediate suspension, it is essential to request an ALR hearing within 15 days of the arrest. This critical step can provide an opportunity to contest the suspension and protect the minor’s driving privileges.

Some counties in Texas, including Dallas, offer alternative sentencing programs specifically designed for first-time juvenile offenders. One such option is Teen Court, which allows minors to pay for their offenses through community service while participating in a peer-run judicial process.

Upon successful completion of this program, the charges against the minor are dismissed, giving them a chance to avoid a lasting criminal record.

Another option is Deferred Prosecution, a non-judicial program aimed at low-risk offenders. This program typically requires participants to fulfill obligations such as counseling, community service, and restitution.

Successful completion of deferred prosecution also ensures that the juvenile avoids a conviction. However, eligibility for these programs varies by county, and repeat offenders or those facing more severe charges are usually ineligible.

Whether charged with DUI or DWI, the consequences can extend far beyond legal penalties:

Criminal record: DUI convictions may remain public, while DWI convictions often carry more lasting repercussions.
Educational barriers: A conviction can hinder college admissions or scholarship opportunities.
Insurance premiums: Both DUI and DWI convictions can lead to significantly higher insurance costs or loss of coverage.

If your child has been charged with a juvenile DUI or DWI, your actions can significantly impact their future. As a parent or guardian, you play a crucial role in navigating this challenging situation. Seeking immediate legal assistance can help you:

Understand the legal process and explore alternative sentencing options.
Protect your child’s rights, ensuring fair treatment in court.
Advocate for reduced penalties, focusing on rehabilitation rather than punishment.

From contesting the evidence to securing alternative sentencing, we are dedicated to minimizing the impact on your child’s life. Contact us today to build a tailored defense strategy that prioritizes their future.

How to beat a DWI in Texas

Facing a DWI charge in Texas can feel overwhelming, but understanding the charges and their potential consequences is the first step toward protecting your future. From steep fines and license suspensions to possible jail time and long-term effects on your personal and professional life, the stakes are high. However, with the right legal representation from us, we can challenge the evidence, explore alternative resolutions, and fight for the best possible outcome.

Why ALR is critical for all DWI charges

The Administrative License Revocation (ALR) process applies to all DWI-related offenses in Texas, including Flying While Intoxicated (FWI) and Boating While Intoxicated (BWI). ALR is triggered when an individual refuses to submit to a chemical test or fails a test showing intoxication (BAC of 0.08% or higher).

While the offense may involve an aircraft or watercraft, the ALR suspension typically impacts a person’s general driver’s license, with additional penalties for pilots or boaters handled by federal or state agencies.

Importantly, ALR suspensions are independent of criminal proceedings, meaning a person can lose their license even if their DWI, FWI, or BWI case is dismissed or reduced. Contesting the suspension within the 15-day window is essential to protect driving privileges and minimize the broader consequences of the offense.

While ALR is a civil proceeding separate from the criminal case, our experienced attorneys can:

Request the hearing: Ensure the request is submitted within the strict 15-day deadline.
Challenge evidence: Cross-examine the officer’s testimony and contest evidence like a breathalyzer or blood test results.
Protect your license: Advocate for retention of your driving privileges and identify procedural errors or weaknesses in the case.
Coordinate with the criminal case: Align strategies for the ALR hearing with the defense for the DWI, BWI, or FWI charges.

Key takeaways on the different types of DWI

DWI charges in Texas carry serious consequences, including fines, jail time, license suspensions, and long-term impacts on your personal and professional life.
Understanding the specifics of your charges, whether they involve alcohol, drugs, or aggravating factors like a high BAC or injuries, is essential for building a strong defense.
Legal penalties vary widely, with offenses ranging from Class B misdemeanors to first-degree felonies, each carrying distinct consequences.
Alternative sentencing options such as Teen Court and Deferred Prosecution can provide a second chance for eligible first-time offenders, particularly juveniles.
Act quickly: Requesting an Administrative License Revocation (ALR) hearing within 15 days of your arrest is critical to contesting automatic license suspensions.

A DWI charge doesn’t have to define your future. By understanding your rights and the legal processes involved, you can take proactive steps toward protecting your freedom and minimizing the impact of these charges. The right legal representation can make all the difference in navigating this challenging time.

Contact us today to schedule your consultation. Let us guide you through this process and work toward the best possible outcome for your case.

The 10 Types of DWI Charges in Texas You Need to Know