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.

DWI Penalties in Texas

First DWI (Class B Misdemeanor)

Up to 180 days in county jail, fine up to $2,000, license suspension up to one year. 

Second DWI (Class A Misdemeanor)

30 days to one year in jail, fine up to $4,000, license suspension up to two years. A 30-day mandatory minimum jail sentence applies.

Third DWI (Third Degree Felony)

2 to 10 years in prison, fine up to $10,000, license suspension up to two years.

DWI with a Child Passenger (State Jail Felony)

180 days to 2 years in state jail, fine up to $10,000. A child under 15 in the vehicle at the time of the offense triggers this enhancement regardless of the driver’s BAC.

Intoxication Assault (Third Degree Felony)

2 to 10 years, fine up to $10,000.

Intoxication Manslaughter (Second Degree Felony)

2 to 20 years, fine up to $10,000. If the deceased was the parent of a minor child, the court is now required under Texas Code of Criminal Procedure Article 42.0375 (“Bentley’s Law”) to order monthly child support restitution for that child until they turn 18 or graduate high school. Learn more about intoxication manslaughter and Bentley’s Law. 

What the Defense Examines in Every Dallas DWI Case

No two DWI cases are identical, but every serious defense review covers the same ground:

The Stop

Was there reasonable suspicion to pull you over? Under Texas Code of Criminal Procedure Article 38.23, evidence obtained through an unlawful stop is suppressible with no good faith exception.

The Field Sobriety Tests

The HGN, Walk and Turn, and One Leg Stand were validated under specific conditions. Uneven pavement, lighting, medical conditions, footwear, and officer administration errors all affect reliability. Deandra Grant is a trained SFST instructor which means cross-examination of SFST evidence in Dallas courts goes beyond legal argument into the science.

The Chemical Test

If your case involves a blood draw, the analysis, the chain of custody, and the laboratory methodology are all subject to forensic scrutiny. If it involves a breath test , the instrument’s calibration records, the observation period, and the possibility of interfering substances are examined. The margin between 0.07 and 0.09 is not a technicality. It is the difference between a charge and no charge, and it must be evaluated with precision.

The Timeline

If you consumed alcohol close to the time of driving, the rising BAC defense may apply: your BAC at the time of the test may be higher than it was when you were behind the wheel. That argument requires pharmacokinetic analysis which is the kind that a Master’s Degree in Pharmaceutical Science makes possible.

Talk to a Dallas DWI Attorney Who Knows This Courthouse

Deandra Grant Law has offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. We have appeared in Dallas County courts for more than 30 years, across more than 500 trials. We know the DA’s office, the courts, the lab, and the science.

Call (214) 225-7117 for a confidential consultation. The 15-day ALR deadline starts running from the date of your arrest. Don’t wait.