Overview

Obstruction of a highway or other passageway is a Class B misdemeanor in Texas that applies when a person renders a road, sidewalk, or other passageway impassable or unreasonably inconvenient. In the DWI world, it has a second life: it is sometimes offered as a reduced charge in place of a DWI.

Pleading to obstruction instead of DWI can avoid the DWI label and many of its specific consequences, but it is still a conviction with its own record, so understanding exactly what you would be pleading to, and what it does and does not avoid, is essential before accepting it.

What obstruction of a highway is

Under Section 42.03 of the Texas Penal Code, a person can commit obstruction of a highway or other passageway by, without legal authority, rendering a highway, street, sidewalk, or other passageway impassable or unreasonably inconvenient to pass. As a standalone offense it is a Class B misdemeanor. On its own, it is not an alcohol offense at all, which is precisely what makes it useful in a very different context: resolving a DWI.

 

Why it shows up in DWI cases

Obstruction of a highway is best known to DWI defendants not as a charge they committed, but as a charge they are offered. Prosecutors sometimes agree to let a DWI defendant plead to obstruction of a highway instead of DWI. The appeal is real: obstruction is not a DWI, so a plea to it can avoid the DWI label and many of the specific consequences that attach to a DWI conviction, the DWI-driven license and insurance fallout, and the use of the conviction to enhance a future DWI. For the right case, it can be a meaningfully better outcome than a DWI conviction. See DWI plea bargains.

 

What it does, and does not, avoid

A reduction to obstruction is attractive, but it is not a clean slate, and it is important to be precise about what it actually accomplishes:

  • It avoids the DWI label, which matters for how the conviction reads and for some DWI-specific consequences.
  • It is still a conviction. Obstruction of a highway is a Class B misdemeanor, and pleading to it creates a criminal record that can appear on a background check. See DWI collateral consequences.
  • It is not a dismissal. A reduction is not the same as making the case disappear; a dismissal or acquittal that leads to expunction is a cleaner result where it is achievable. See expunction and non-disclosure.

Whether a reduction to obstruction is a good outcome depends entirely on the alternative. Against a likely DWI conviction, it can be a strong result. Against a winnable case that could be dismissed, it may give up too much.

 

Why the comparison requires a real defense

The only way to know whether an obstruction reduction is the right call is to know how strong the DWI case actually is. A reduction offered out of weakness, before the evidence has been tested, can shortchange a defendant whose case had real problems. A reduction accepted after the defense has probed the stop, the testing, and the science is a decision made from knowledge. The value of the offer can only be judged against what the defense could otherwise achieve. See the DWI defense framework and the DWI jury trial option.

 

How Deandra Grant Law approaches it

The firm treats an obstruction offer as one option to be weighed, not a default to be accepted. Managing Partner Deandra Grant and the team first test the strength of the DWI case, then measure any reduction against what the defense could otherwise win, so a plea to obstruction is taken because it is genuinely the best available outcome, not merely because it was offered. With more than 30 years and 500 trials behind the firm, the comparison is made from a position of strength.

 

Frequently Asked Questions

What is obstruction of a highway in Texas?

It is a Class B misdemeanor that applies when a person, without legal authority, renders a highway, street, sidewalk, or other passageway impassable or unreasonably inconvenient to pass. On its own, it is not an alcohol offense.

Why is a DWI sometimes reduced to obstruction of a highway?

Prosecutors sometimes offer a plea to obstruction instead of DWI. Because obstruction is not a DWI, the plea can avoid the DWI label and many DWI-specific consequences, which can make it a better outcome than a DWI conviction in the right case.

Is obstruction of a highway better than a DWI?

It can be, because it avoids the DWI label and some DWI-specific consequences. But it is still a Class B misdemeanor conviction with its own record, and it is not as clean as a dismissal or acquittal that could lead to expunction.

Does a reduction to obstruction clear my record?

No. It is still a conviction that creates a criminal record. It is not a dismissal. A dismissal or acquittal that makes you eligible for expunction is a cleaner result where it is achievable.

Should I accept a reduction to obstruction of a highway?

It depends on the strength of your DWI case. Against a likely DWI conviction it can be a strong result; against a case that could be dismissed it may give up too much. The offer should be weighed against what the defense could otherwise achieve.

Is obstruction of a highway a felony?

No. Standing alone it is a Class B misdemeanor. Its significance in the DWI context is as a possible reduced charge offered in place of a DWI, not as a more serious offense.

 

A Reduction to Obstruction Can Beat a DWI, or Give Up Too Much.

Whether it is the right call depends on how strong your DWI case really is. Deandra Grant Law tests the case first, then weighs the offer, across Dallas, Fort Worth, North Texas, and Waco. Call (214) 225-7117 for a free, confidential consultation.

 

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