What a Texas DWI charge requires
Under Texas Penal Code Chapter 49, the State must prove that the accused was intoxicated while operating a motor vehicle in a public place. Texas defines intoxication in two ways: not having the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, another substance, or a combination of substances; or having an alcohol concentration of 0.08 or more.
That means a DWI case is not limited to a laboratory number. The State may rely on driving observations, speech, balance, roadside exercises, statements, video, test results, and the overall timeline. The defense should test each part of that proof rather than treating the arrest report as the final word.
Texas DWI penalties depend on the allegation
A basic DWI is generally a Class B misdemeanor with a statutory minimum confinement term of 72 hours. The classification can increase when the alleged alcohol concentration is 0.15 or more, when a passenger is younger than 15, when alleged conduct occurring on or after September 1, 2025, falls within the school-crossing-zone provision, when serious injury or death is alleged, or when qualifying prior convictions exist. The charging instrument, alleged offense date, and criminal history must be reviewed before anyone can accurately assess the range of consequences.
Evidence a Houston DWI lawyer should examine
- The stop: dispatch information, the claimed traffic violation, driving video, and whether the detention was lawfully extended.
- Body-camera and dash-camera footage: what the video shows—and what it does not show—compared with the written report.
- Roadside exercises: the officer’s instructions, demonstration, scoring, lighting, surface, footwear, weather, injuries, fatigue, and other conditions.
- Statements and observations: the context of admissions, speech, balance, odor, appearance, and alternative explanations.
- Breath testing: instrument records, operator compliance, observation periods, maintenance, and the timing of the test.
- Blood testing: the warrant or consent, collection, chain of custody, storage, laboratory methods, quality controls, and interpretation.
- The timeline: the time of driving, stop, arrest, and specimen collection, including what the evidence can actually establish about the relevant time.
The ALR license case is separate
A DWI arrest can create a separate driver-license proceeding even before the criminal charge is resolved. According to the Texas Department of Public Safety, a person generally has 15 days from the date a suspension notice is served to request an ALR hearing. If a blood specimen is tested later and DPS mails a suspension notice, DPS states that the request period is 20 days from the mailing date.
Because the correct deadline depends on the notice and testing path, the paperwork should be reviewed immediately. Learn more about Texas ALR hearings.
Potential defense issues in a DWI case
No single defense applies to every case. Depending on the facts, the defense may examine whether the stop or arrest was lawful; whether the State can prove operation in a public place; whether video supports or contradicts the officer’s account; whether physical or medical conditions affected roadside performance; whether breath or blood evidence is reliable and admissible; whether the relevant timeline supports the State’s interpretation; and whether the evidence proves intoxication beyond a reasonable doubt.
What to do after a DWI arrest in Harris County
- Keep every paper provided by the officer, jail, bond office, and DPS.
- Do not miss the ALR hearing-request deadline shown by the applicable notice.
- Write down the timeline, locations, medications, medical conditions, witnesses, and details you remember while they are fresh.
- Preserve receipts, photographs, messages, rideshare records, and other records that may establish timing or context.
- Avoid discussing the facts on social media or with people who may later become witnesses.
- Speak with counsel promptly so video and other time-sensitive evidence can be identified and requested.
Frequently asked questions
Can I be charged with DWI below 0.08?
Yes. Texas also permits the State to allege that alcohol, drugs, or a combination of substances caused a loss of normal mental or physical faculties. A reported concentration below 0.08 does not automatically end the analysis, just as a reported number does not eliminate questions about collection, testing, timing, or admissibility.
Is an ALR hearing the same as the criminal case?
No. The ALR matter concerns the administrative suspension of driving privileges and follows a separate process. Information developed in that proceeding may still be important to understanding the stop, the officer’s account, and testing issues in the criminal case.
Will a DWI case go to trial?
That depends on the evidence, rulings, offers, risks, and the client’s informed decisions. The firm prepares the evidence and legal issues so options can be evaluated from a position grounded in the actual record.
Legal information reviewed: November 4, 2026. Statutes and administrative procedures can change, and the law applicable to a case may depend on the alleged offense date and individual facts.