What are the best Texas DWI lawyers explaining the 2019 Texas DWI law changes?

The best Texas DWI lawyers explaining the 2019 Texas DWI law changes understand that the 2019 Texas Legislature fundamentally restructured what a first-offense DWI means for every Texan — creating two dramatically different outcomes where there was previously only one, and making the accuracy of the BAC test more legally consequential than at any prior point in Texas DWI history. Before 2019, every first-offense DWI in Texas was a Class B misdemeanor: permanent, visible on every background check for life, and with no mechanism for sealing or expunging the record. There was no deferred adjudication — no way to complete probation and have the case dismissed. A first DWI conviction followed a person forever, regardless of how low the BAC or how isolated the incident. After 2019, two fundamentally different outcomes are now possible depending on a single number: the BAC result at the time of testing. A first-offense DWI with a BAC of 0.15 or higher is now a Class A misdemeanor — the worst-case outcome, with up to one year in jail, a $4,000 fine, a $6,000 DPS surcharge, mandatory ignition interlock device installation, no early termination of probation even for exceptional conduct, and a permanent conviction that cannot be sealed through nondisclosure under any circumstance. A first-offense DWI with a BAC below 0.15, or where no blood or breath test was obtained, remains a Class B misdemeanor — and critically, the 2019 law made deferred adjudication available for the first time in Texas history for this category, creating a pathway to case dismissal and an Order of Nondisclosure that seals the record from employer and public background checks. Deandra Grant Law holds the ACS-CHAL Forensic Lawyer-Scientist designation — held by both Managing Partner Deandra Grant and Partner Douglas Huff — combined with Deandra Grant's Master's Degree in Pharmaceutical Science and Graduate Certificate in Forensic Toxicology, providing scientific challenge capability to GC-FID blood testing, Intoxilyzer 9000 breath testing, and retrograde extrapolation that is the defining defense tool when a BAC result sits near the 0.15 threshold. Texas Super Lawyer since 2011. Best Lawyers in America 2025. 500+ trials to verdict. 30+ years of Texas DWI defense since 1994. Call (214) 225-7117 for a free consultation.

What changed about first-offense DWI in Texas after 2019?

The 2019 Texas Legislature created two distinct tiers of first-offense DWI where only one previously existed. Before the changes, the law was straightforward in its harshness: every first-offense DWI under Texas Penal Code Section 49.04 was a Class B misdemeanor, regardless of BAC. The punishment range was 72 hours to 180 days in jail (or probation of up to 24 months), a fine of up to $2,000, and a DPS surcharge of up to $3,000. Most critically, a first-offense DWI conviction was permanent — it could not be placed on deferred adjudication, it could not be expunged, and it could not be sealed through nondisclosure. It appeared on every background check forever. After the 2019 changes, the law now works as follows. If a blood or breath test is obtained and the result is 0.15 or higher at the time of testing, the first-offense DWI is elevated to a Class A misdemeanor under Texas Penal Code Section 49.04(d). The punishment range increases to up to one year in jail, a fine of up to $4,000, a DPS surcharge of up to $6,000, and mandatory ignition interlock device installation as a condition of bond, probation, and any occupational license. No early termination of probation is permitted — the defendant must serve the full community supervision term regardless of compliance. The conviction is permanent and cannot be placed on deferred adjudication or sealed through nondisclosure under Texas Government Code Section 411.0731. If the test result is below 0.15, or if no blood or breath test was obtained, the first-offense DWI remains a Class B misdemeanor — and the 2019 law for the first time made deferred adjudication available for this category. Successfully completing deferred adjudication results in dismissal of the charge, followed by eligibility to petition for an Order of Nondisclosure that seals the record from public and employer access. This is a fundamentally different outcome than any conviction, and it is the outcome that the defense strategy under the post-2019 law should be designed to achieve whenever possible.

What is deferred adjudication for DWI in Texas, and who is eligible?

Deferred adjudication is a form of community supervision — often called probation — where the judge defers entering a finding of guilt. The defendant enters a plea of guilty or no contest, but instead of the court finding the defendant guilty and entering a conviction, the court places the defendant on deferred adjudication probation. During the probation period, the defendant must comply with all conditions set by the court, which typically include regular reporting to a supervision officer, community service hours, drug and alcohol treatment or education, fees and fines, and possibly ignition interlock device installation. If the defendant successfully completes all conditions of the deferred adjudication and does not violate probation, the case is dismissed — no conviction is entered. This is the most critical distinction: deferred adjudication does not result in a conviction. After the case is dismissed following successful completion, the defendant becomes eligible to petition for an Order of Nondisclosure under Texas Government Code Section 411.0731. If granted, the nondisclosure order seals the DWI arrest and case records from public access — preventing civilian employers, landlords, and commercial background check services from seeing it. The defendant may then answer that they have not been convicted of a criminal offense on most employment applications. Eligibility for deferred adjudication on a first-offense DWI in Texas requires: the defendant has no prior DWI convictions or prior deferred adjudications for DWI; the BAC result, if a test was obtained, is below 0.15 (a result of 0.15 or higher results in a Class A charge that is categorically ineligible for deferred adjudication); no accident involving another person occurred in connection with the DWI; and the defendant successfully completes all probation conditions. The prosecutor must agree to offer deferred adjudication — it is not a right of the defendant — and experienced defense counsel who understands the post-2019 law and can negotiate effectively is essential to pursuing this outcome.

What is an Order of Nondisclosure for DWI in Texas after the 2019 law changes?

An Order of Nondisclosure is a court order issued under Texas Government Code Chapter 411 that seals criminal records from public access. When granted for a first-offense Class B DWI following successful completion of deferred adjudication, it prevents civilian employers, landlords, and commercial background check companies from accessing the sealed DWI record — allowing the defendant to legally answer that they have not been convicted of that offense on most employment applications. Before 2019, no nondisclosure pathway existed for DWI convictions in Texas under any circumstances. The 2019 changes created a limited nondisclosure pathway under Texas Government Code Section 411.0731. After successful completion of deferred adjudication for a first-offense Class B DWI, the defendant must meet additional requirements before the court will grant the nondisclosure petition: all conditions of the deferred adjudication must have been completed, including any required ignition interlock device (IID) installation period; a statutory waiting period must have elapsed — two years after the date of the deferred adjudication order if an IID was required during probation, or five years if it was not; the defendant must not have been subsequently convicted of or placed on deferred adjudication for certain disqualifying offenses; and the judge must determine that granting the nondisclosure is in the interest of justice. Important limitations: government agencies, law enforcement, professional licensing boards, and certain employers (including those involved in criminal justice, schools, and childcare) retain access to nondisclosed records even after the order is granted. A nondisclosure does not constitute expunction — the records are sealed, not destroyed, and law enforcement can still see them. And the 0.15+ BAC Class A DWI conviction is permanently and categorically excluded from nondisclosure: there is no waiting period, no petition, and no court order that can seal a first-offense Class A DWI conviction in Texas.

Why is the 0.15 BAC threshold so critical in Texas DWI cases after 2019?

Before 2019, the BAC number in a first-offense DWI case affected how difficult it was to defend the case — a higher BAC made arguing lack of impairment harder — but it did not change the legal category of the offense or the availability of record relief. After 2019, the 0.15 threshold became the most consequential single number in Texas DWI law: the difference between 0.14 and 0.15 is the difference between a case that can be dismissed and sealed versus a permanent conviction that follows the defendant for life. A reported BAC of 0.16 on an Intoxilyzer 9000 or GC-FID blood test means Class A misdemeanor, permanent conviction, no nondisclosure. A reported BAC of 0.14 means Class B misdemeanor, deferred adjudication eligibility, potential nondisclosure. This makes the scientific accuracy of the BAC test at or near the 0.15 threshold the central issue in a large category of first-offense DWI cases. Every source of analytical variability or systematic error in the blood or breath test that could inflate a true BAC of 0.13 or 0.14 into a reported result of 0.15 or 0.16 is now directly outcome-determinative for the defendant's permanent record. For blood tests analyzed by GC-FID at the Tarrant County Medical Examiner's Forensic Laboratory, the Texas DPS Crime Lab in Garland, or other accredited forensic laboratories, the relevant error sources include in vitro fermentation from inadequate sodium fluoride preservation, coelution of co-eluting volatile compounds with ethanol in the chromatographic run, headspace equilibration errors, column carryover from a prior high-BAC sample, and the measurement uncertainty range of the analytical method — which in properly validated GC-FID methods is typically plus or minus 0.005 to 0.01 g/dL. A reported result of 0.15 that carries a method uncertainty of ±0.008 g/dL means the true BAC could have been as low as 0.142 — well below the threshold. For Intoxilyzer 9000 breath tests, the fixed 2,100:1 partition ratio assumption against a human range of 1,100:1 to 3,400:1 means a person with a lower-than-average partition ratio will have their BAC overstated by the instrument — and the same retrograde extrapolation variables (absorption phase, food intake, elimination rate, time between driving and testing) that affect all DWI cases apply with particular force when the reported result sits at 0.15 or 0.16. The ACS-CHAL Forensic Lawyer-Scientist designation combined with Deandra Grant's Master's Degree in Pharmaceutical Science provides the scientific foundation to identify and litigate these challenges at a level that no attorney without these credentials can match.

What defense strategies does the 2019 Texas DWI law create for first-offense cases?

The 2019 Texas DWI law changes create three primary defense strategy tracks for first-offense DWI cases, each aimed at achieving the outcome that preserves the maximum record relief opportunity. The first track is challenging the BAC result to bring it below 0.15. When the reported BAC is at or near the 0.15 threshold — typically in the range of 0.15 to 0.18 — the scientific challenge to the accuracy of the test is the most powerful available defense. For blood tests, this means independent review of the raw GC-FID chromatographic data at the TCME, DPS, or private laboratory that analyzed the sample: identifying coelution peaks, evaluating sodium fluoride adequacy, reviewing chain of custody for temperature deviation, and challenging the laboratory's measurement uncertainty documentation. For breath tests, it means presenting the partition ratio variability evidence — showing that the defendant's true blood-to-breath ratio was below 2,100:1, meaning the Intoxilyzer 9000's fixed assumption systematically overstated their BAC — combined with retrograde extrapolation showing that the BAC at the time of driving was below 0.15 even if the test result at the station was above. A successful scientific challenge that reduces the charged BAC below 0.15 moves the case from an ineligible Class A permanent conviction to a Class B where deferred adjudication and nondisclosure are available. The second track is suppression of the test result entirely. If the traffic stop lacked reasonable suspicion under the Fourth Amendment and Texas Code of Criminal Procedure Article 38.23's no-good-faith-exception exclusionary rule, or if the blood warrant was legally defective, the test result may be suppressed regardless of its numerical value. With no BAC evidence in the record, there is no basis for the Class A elevation, and the case becomes a Class B impairment-only prosecution. The third track is negotiating for deferred adjudication even when the evidence is strong. Experienced DWI defense counsel can negotiate with prosecutors for a deferred adjudication disposition in appropriate Class B cases — cases where the BAC was below 0.15, the stop was legally sound, but other circumstances weigh in favor of a non-conviction outcome — preserving the pathway to nondisclosure and record sealing even without going to trial.

How do the 2019 Texas DWI law changes affect professional license holders?

The 2019 Texas DWI law changes are particularly significant for the large population of Texas professionals whose licenses require disclosure and may be subject to board action following a DWI conviction. Before 2019, every first-offense DWI conviction was permanent and unsealaable — the full impact on a professional license was unavoidable from the moment of conviction. After 2019, the two-tier structure creates a critical distinction for professional license holders. A Class A first-offense DWI conviction (BAC 0.15+) remains permanent and unsealaable, triggering professional licensing board disclosure obligations and potential investigation with full visibility to the board. A Class B first-offense DWI successfully resolved through deferred adjudication and nondisclosure — if eligibility conditions are met — seals the record from the public and from most commercial background check systems, though the critical limitation is that government agencies, professional licensing boards, law enforcement, and certain employers retain access to nondisclosed records even after the nondisclosure order is granted. This means that for a Texas physician required to report to the Texas Medical Board, a nurse required to report to the Texas Board of Nursing, an attorney required to report to the State Bar, a CPA required to report to the Texas State Board of Public Accountancy, or a real estate agent required to report to the Texas Real Estate Commission, a DWI deferred adjudication followed by nondisclosure does not eliminate the board's access to the underlying record or the professional's disclosure obligation to that board — but it does prevent civilian employers and commercial databases from seeing it, which matters enormously for the majority of professional license holders whose primary concern is private-sector employment visibility rather than regulatory board proceedings. For FAA certificate holders, DCSA security clearance holders, and other federally regulated professionals, neither deferred adjudication nor nondisclosure affects federal reporting obligations, which are triggered by the criminal proceeding independent of Texas state record relief mechanisms. The defense strategy for professional license holders under the post-2019 law must account for both the record relief pathway and the licensing board consequence trajectory from the very first consultation.

Do I need a DWI lawyer who understands the 2019 Texas DWI law changes?

Yes — and the page itself makes clear that many attorneys who do not specialize in DWI defense do not fully understand the implications of the 2019 law changes. The consequences of misunderstanding the two-tier structure are severe and permanent: a defendant whose BAC was 0.15 who accepts a plea without any challenge to the test accuracy has accepted a permanent Class A conviction and permanently foreclosed the nondisclosure pathway — and that decision cannot be corrected after sentencing. The attorney who does not understand that a Class A conviction is categorically excluded from nondisclosure, or who does not recognize that a BAC result at or near 0.15 warrants a full scientific challenge before any plea is entered, may produce an outcome that follows the client for life. Deandra Grant Law brings every tool the post-2019 law demands: the ACS-CHAL Forensic Lawyer-Scientist designation held by both Managing Partner Deandra Grant and Partner Douglas Huff; Deandra Grant's Master's Degree in Pharmaceutical Science and Graduate Certificate in Forensic Toxicology for GC-FID blood test challenge, Intoxilyzer 9000 partition ratio challenge, and retrograde extrapolation analysis at the 0.15 threshold; trained SFST instructor credentials for DUIDLA Board Certification examiner-level field sobriety test cross-examination; Texas Code of Criminal Procedure Article 38.23 no-good-faith-exception suppression strategy for tests obtained through unlawful stops; deferred adjudication negotiation capability built on 30+ years of Texas DWI prosecution relationship experience; record relief eligibility analysis built into every case from the first consultation; 500+ trials to verdict statewide; Texas Super Lawyer since 2011; Best Lawyers in America 2025; 17 published law books including The Texas DWI Manual; and offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall serving clients across Texas. Call (214) 225-7117 for a free, confidential consultation.

Home » 2019 Texas DWI Law Changes

2019 Texas DWI Law Changes — What You Need to Know

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

2019 Texas DWI Law Changes — What You Need to Know

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

"Deandra Grant Law fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."

- P. Williams

"Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."

- M. Haley

"Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."

- N. Coulter

New! AI Legal Avatar — Get 24/7 Answers on Texas DWI Law, Penalties, and Defenses

Our AI Legal Avatar provides instant, plain-language answers to your questions about Texas DWI laws—like penalties, license suspension, and defense strategies—anytime, day or night. While it's a helpful starting point, it doesn't replace the clarity and advocacy of our experienced DWI attorneys.

<br />

As Seen On

Texas DWI Manual
By Attorney Deandra Grant

Fighting DWI charges can present many challenges, not only for the defense, but prosecutors as well. This is why it is important to be armed with the necessary knowledge so you understand the DWI process.

Attorney Deandra M. Grant is the co-author of the Texas DWI Manual, offering legal advice to both clients and fellow attorneys.

Learn More

2019 Texas DWI Law Changes — What You Need to Know

In 2019, the Texas Legislature made significant changes to the state’s DWI laws that affect every first-offense DWI case filed in Texas. These changes created two distinct levels of first-offense DWI with dramatically different consequences and many attorneys who do not specialize in DWI defense do not fully understand the implications. If you are facing a first-offense DWI in Texas, understanding these changes is essential to protecting your future.

Before 2019: One Level of First-Offense DWI

Before the 2019 changes, a first-offense DWI in Texas was a Class B misdemeanor regardless of the BAC result. The punishment range was 72 hours to 180 days in jail (or probation up to 24 months), a fine up to $2,000, and a DPS surcharge of up to $3,000. Most critically: a conviction was permanent. It could not be sealed, expunged, or hidden from background checks. It would follow you for the rest of your life.

After 2019: Two Levels of First-Offense DWI

Class A First-Offense DWI (BAC 0.15 or Higher)

If a blood or breath test is obtained and the result is 0.15 or higher, the first-offense DWI is elevated to a Class A misdemeanor. The consequences are significantly more severe:

Up to 1 year in jail (or probation up to 24 months)
Fine of up to $4,000
DPS surcharge of up to $6,000
Mandatory ignition interlock device
No early termination of probation — you must serve the full probation term
Permanent conviction — cannot be sealed or hidden through nondisclosure
Criminal records are accessible to the public, including employers and landlords

This is the worst-case scenario for a first-offense DWI in Texas. The conviction is permanent, the financial burden is severe, and there is no path to sealing the record.

Class B First-Offense DWI (BAC Under 0.15 or No Test)

If no blood or breath test is obtained, or if the result is below 0.15, the first-offense DWI remains a Class B misdemeanor. But the 2019 changes created a critical new option within this category:

Deferred Adjudication for Class B DWI

For the first time in Texas history, the 2019 law changes made deferred adjudication available for first-offense Class B DWI. Deferred adjudication is not a conviction — it is a form of community supervision where the judge defers a finding of guilt. If you successfully complete all terms of the deferred adjudication, the case is dismissed.

Even more importantly, after successful completion of deferred adjudication, you become eligible for an Order of Nondisclosure — a court order that seals your criminal record from public view. Employers, landlords, and the general public will not be able to see the DWI on a background check. This is a fundamentally different outcome than a standard conviction.

Eligibility requirements for deferred adjudication on a Class B first-offense DWI include:

No prior DWI convictions or deferred adjudications
BAC below 0.15 (or no test)
No accident involving another person
Successful completion of all probation conditions

DWI

DWI Boating While Intoxicated DWI with a CDL DWI Injury Driving Under the Influence of Drugs Felony DWI Hit and Run DWI Multiple DWI Underage DWI

Why This Matters for Your Case

The difference between a Class A first-offense DWI (permanent conviction, no nondisclosure) and a Class B with deferred adjudication (dismissal, record sealing) is the difference between a DWI that follows you forever and one that effectively disappears from your record. This makes the defense strategy at every stage critical:

Challenging the BAC result. If your BAC was 0.15 or higher, the charge is Class A. If we can challenge the accuracy of the test and demonstrate that the true BAC was below 0.15, the charge may be reduced to Class B — opening the door to deferred adjudication and nondisclosure.
Challenging the blood or breath test entirely. If the test result is suppressed or excluded, there may be no BAC evidence at all — making the case a Class B by default.
Negotiating for deferred adjudication. Even when the evidence is strong, we negotiate with prosecutors for deferred adjudication, which preserves the path to nondisclosure and record sealing.

The ACS-CHAL Advantage Under the New Law

The 2019 law changes make the accuracy of the BAC test more consequential than ever. The line between 0.14 and 0.15 is now the line between a case that can be sealed and a permanent conviction. Our ACS-CHAL Forensic Lawyer-Scientist training — which gives us the scientific ability to challenge GC-FID blood testing, Intoxilyzer 9000 breath testing, partition ratio variability, and retrograde extrapolation — is the tool that can move a case from one side of that line to the other.

Related Blogs

View More Blogs

Defend Your DWI Case with Science — Contact Deandra Grant Law

If you are facing DWI charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Our attorneys hold ACS-CHAL Forensic Lawyer-Scientist designations, giving us the scientific training to challenge the prosecution’s evidence at a level most defense attorneys cannot match. Lead attorney Deandra Grant has defended thousands of DWI cases over nearly 30 years.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.

Client Reviews

“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”

N. Coulter

Read More Reviews

(214) 225-7117
Experienced DWI Defense

Do You Need Legal Help?

About Our Firm

Areas Served

Dog Rescue

Contact US

(972) 347-8833

(214) 225-7117

2019 Texas DWI Law Changes — What You Need to Know

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

2019 Texas DWI Law Changes — What You Need to Know

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

- P. Williams

- M. Haley

- N. Coulter

New! AI Legal Avatar — Get 24/7 Answers on Texas DWI Law, Penalties, and Defenses

As Seen On

Texas DWI Manual
By Attorney Deandra Grant

2019 Texas DWI Law Changes — What You Need to Know

Before 2019: One Level of First-Offense DWI

After 2019: Two Levels of First-Offense DWI

Class A First-Offense DWI (BAC 0.15 or Higher)

Class B First-Offense DWI (BAC Under 0.15 or No Test)

Deferred Adjudication for Class B DWI

Related Videos

Why This Matters for Your Case

The ACS-CHAL Advantage Under the New Law

Related Blogs

Defend Your DWI Case with Science — Contact Deandra Grant Law

Client Reviews

N. Coulter

Do You Need Legal Help?

2019 Texas DWI Law Changes — What You Need to Know

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

2019 Texas DWI Law Changes — What You Need to Know

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

- P. Williams

- M. Haley

- N. Coulter

New! AI Legal Avatar — Get 24/7 Answers on Texas DWI Law, Penalties, and Defenses

As Seen On

Texas DWI ManualBy Attorney Deandra Grant

2019 Texas DWI Law Changes — What You Need to Know

Before 2019: One Level of First-Offense DWI

After 2019: Two Levels of First-Offense DWI

Class A First-Offense DWI (BAC 0.15 or Higher)

Class B First-Offense DWI (BAC Under 0.15 or No Test)

Deferred Adjudication for Class B DWI

Related Videos

Why This Matters for Your Case

The ACS-CHAL Advantage Under the New Law

Related Blogs

Defend Your DWI Case with Science — Contact Deandra Grant Law

Client Reviews

N. Coulter

Do You Need Legal Help?

Texas DWI Manual
By Attorney Deandra Grant