What are general Driving While Intoxicated (DWI) laws in Texas?

(BAC) in Texas is 0.08%. If a driver’s BAC is found to be at or above this limit, they can be charged with DWI.


There are different levels of DWI offenses in Texas, depending on the specifics of the situation. A first-time DWI offense is generally a Class B misdemeanor, punishable by a fine of up to $2,000, up to 180 days in jail, and the suspension of the offender’s driver’s license for up to one year.


However, the penalties for DWI can be more severe in certain circumstances. If the offender’s BAC is found to be 0.15% or higher, or if they have a child under the age of 15 in the vehicle at the time of the offense, the charge is upgraded to a Class A misdemeanor. This can result in a fine of up to $4,000, up to one year in jail, and a license suspension of up to two years.


If a person is commits a third DWI offense and has been convicted of DWI at minimum two times prior then the charge becomes a third-degree felony, punishable by a fine of up to $10,000, up to 10 years in prison, and a license suspension of up to two years.


In addition to criminal penalties, a DWI conviction can also have significant financial consequences, including increased insurance premiums and the installation of an ignition interlock device (IID) in the offender’s vehicle. An IID is a device that requires the driver to provide a breath sample before the vehicle will start, to ensure that they are sober.


It is important to note that a person can be charged with DWI even if their BAC is below the legal limit of 0.08%. If an officer determines that a person’s has lost the use of mental or physical due to alcohol or drugs, they can still be charged with DWI. In addition, you could be charged for DWI for operating a motor vehicle when you are under prescription drugs.

In summary, driving while intoxicated is a serious offense in Texas, with significant consequences for those who are convicted. It is always important to designate a sober driver or use alternative transportation when consuming alcohol.

Case Results

Slip-and-Fall Settlement

$75,000.00 Settlement

A workout gym failed to address a known hazard, resulting in our client requiring surgery on her ankle.  Despite the gym denying liability, we presented compelling evidence and secured a $75,000.00 settlement to compensate for the client’s injuries, pain, and suffering.

Car Accident Settlement

$55,055.00 Settlement

Our client’s son was severely injured as a result of another driver’s reckless behavior traveling over 100 mph and hitting our client’s son head on.  The accident caused significant medical expenses and long-term rehabilitation needs. We worked tirelessly to secure policy limits from the reckless driver’s insurance. A $50,055.00 settlement to cover our client's medical bills, lost wages, and future care.

Car Accident Settlement

$55,055.00 Settlement

Slip-and-Fall Settlement

$75,000.00 Settlement

A dog owner failed to keep his large dog on a leash. His dog ran and jumped on our elderly client causing her to fall and hit her head. Our client suffered serious injuries.  We were able to secure a $75,000.00 settlement to compensate for the client’s injuries, pain, and suffering.

Medical Malpractice Settlement

$79,000.00 Settlement

Medical professionals failed to properly care for our patient resulting in her falling while under their care and injuring her back and knee. Through expert opinions and diligent negotiation, we obtained a $79,000.00 settlement to provide for our client's medical care and recovery.

Medical Malpractice Settlement

$79,000.00 Settlement

Deceptive Trade Practices Settlement

$114,971.96 Settlement

Our Client was rightfully owed money but due to the deceptive trade practices of the other party our client suffered additionally monetary losses. We were able to secure a favorable settlement in the amount of $114,971.96 for our client.

Top Lawyers

Expertise Brain Injury Award
Expertise Award
Expertise Birth Injury Award

El paso, Texas

Free Consultation
We Fight in Court - So You Win!
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Abrar & Vergara team is licensed to practice law in Texas and New Mexico. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.