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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. Deferred adjudication is not available for DWI in Texas.

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 even when probation is granted.

Third DWI (Third Degree Felony)

2 to 10 years in prison, fine up to $10,000, license suspension up to two years. The first offense level at which a DWI becomes a permanent felony conviction.

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 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.  [→ texasdwisite.com/blog/intoxication-manslaughter-texas-penal-code-49-08/]

🔗 LINK: “Learn more about intoxication manslaughter and Bentley’s Law.”  →  texasdwisite.com/blog/intoxication-manslaughter-texas-penal-code-49-08/  |  Links to the intoxication manslaughter blog — includes the full Bentley’s Law (Art. 42.0375) section.

 

What the Defense Examines in Every Fort Worth 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? Traffic violation stops are routine, but stops that lack genuine legal justification are challengeable. Under Texas Code of Criminal Procedure Article 38.23, evidence obtained through an unlawful stop is suppressible and Texas has no good faith exception that salvages evidence from a constitutionally defective stop.

The Field Sobriety Tests

The Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand were validated under specific controlled 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 field sobriety evidence in Tarrant County courts is grounded in the science of how these tests are supposed to be conducted, not just legal argument about whether they were.

The Chemical Test

If your case involves a blood draw, the TCME laboratory analysis, the chain of custody from collection through analysis, and the methodology are all subject to forensic examination. If it involves a breath test, the instrument’s calibration and maintenance records, the required observation period, and the possibility of mouth alcohol or medical conditions affecting the result are all reviewed. The margin between a reportable result and no charge can be a single decimal point so it must be examined 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 chemical 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 Fort Worth DWI Attorney Who Knows This Courthouse

Deandra Grant Law’s Fort Worth office is located at 4500 Airport Freeway, Suite 101 which is close to the Tim Curry Criminal Justice Center and the courts where your case will be decided. We have appeared in Tarrant County courts for more than 30 years, across more than 500 trials. We know the DA’s office, the TCME laboratory, and the courts.

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