L and L Law Group defends Texas DWI cases across Dallas, Collin, Denton, and Tarrant counties.
Penalty ReferenceWhat Are the Penalties for DWI in Texas?Tap to viewHide
Texas DWI penalties scale by offense number, BAC level, and aggravating factors. The table below summarizes confinement, fine, and license-suspension exposure under TX Penal Code §49.04 and §49.09.
Texas DWI Penalty Matrix
Offense
Classification
Confinement
Max Fine
License Suspension
First DWI
Class B Misdemeanor
72 hrs – 180 days
$2,000
90 days – 1 year
First DWI w/ BAC ≥ 0.15
Class A Misdemeanor
Up to 1 year
$4,000
90 days – 1 year
Second DWI
Class A Misdemeanor
30 days – 1 year
$4,000
180 days – 2 years
Third DWI (Felony)
Third-Degree Felony
2 – 10 years
What Are the Penalties for DWI in Texas?
Texas DWI penalties scale by offense number, BAC level, and aggravating factors. The table below summarizes confinement, fine, and license-suspension exposure under TX Penal Code §49.04 and §49.09.
Texas DWI penalties scale by offense number, BAC level, and aggravating factors. The table below summarizes confinement, fine, and license-suspension exposure under TX Penal Code §49.04 and §49.09.
Texas DWI penalties scale by offense number, BAC level, and aggravating factors. The table below summarizes confinement, fine, and license-suspension exposure under TX Penal Code §49.04 and §49.09.
L and L Law Group defends Texas DWI cases across Dallas, Collin, Denton, and Tarrant counties. ALR hearings, breath/blood challenges, felony enhancements. Free 24/7 consultation. Call (214) 466-1398.
L and L Law Group is a Frisco-based criminal defense firm. Reggie London prosecuted in the Dallas County District Attorney's Office before joining the defense bar; Njeri London is the firm's managing attorney. Together they have defended thousands of cases across Dallas, Collin, Denton, Tarrant, and the surrounding DFW counties. We answer the phone at any hour because that is when most cases need defense work.
Your Attorneys
Texas Criminal Defense Counsel
Njeri London
Co-Founding Partner
Texas Bar No.: 24043266
Licensed since: 2006
Law school: Thurgood Marshall School of Law
Memberships: State Bar of Texas, TCDLA
“A DWI is rarely just a DWI. It is your job, your license, your insurance, your CDL, your professional license, your immigration status — all in one police report. We treat the whole picture from day one, not just the criminal exposure.”
Reggie London
Co-Founding Partner
Texas Bar No.: 24043514
Licensed since: 2005
Law school: Thurgood Marshall School of Law
Former: Dallas County District Attorney’s Office
Memberships: State Bar of Texas, TCDLA
“When I prosecuted in Dallas County, the cases that walked were the ones where the defense did the unglamorous work — discovery requests on day one, calibration logs by week two, ALR hearings before week three. The flashy motions get headlines; the early work gets dismissals.”
This page was written and reviewed by Njeri London, State Bar of Texas No. 24043266, and Reggie London, State Bar of Texas No. 24043514. Last reviewed: April 2026.
Quick Answer
A Texas DWI under Penal Code Chapter 49 can range from a Class B misdemeanor first offense to intoxication manslaughter (a second-degree felony). The 15-day Administrative License Revocation deadline under Transportation Code §524.031 runs separately from the criminal case. L and L Law Group defends DWI cases across DFW.
What Texas DWI Charges Does L and L Law Group Defend?
First-offense DWI under Penal Code §49.04 — Class B misdemeanor, 72 hours to 180 days county jail, $2,000 fine.
BAC 0.15+ DWI under §49.04(d) — Class A misdemeanor, up to 1 year jail, $4,000 fine, mandatory ignition interlock.
Second-offense DWI under §49.09(a) — Class A misdemeanor with 30-day minimum jail.
Third-offense (Felony) DWI under §49.09(b) — third-degree felony, 2 to 10 years TDCJ.
DWI with Child Passenger under §49.045 — state-jail felony, 180 days to 2 years.
Intoxication Assault under §49.07 — third-degree felony when DWI causes serious bodily injury.
Intoxication Manslaughter under §49.08 — second-degree felony when DWI causes death.
Boating While Intoxicated, Flying While Intoxicated, and Public Intoxication under §49.06–§49.05.
How Does L and L Law Group Approach a Texas DWI Case?
A DWI is rarely just a DWI. It is your job, your license, your insurance, your CDL, your professional license, your immigration status — all in one police report. Our defense addresses each of those tracks from day one rather than waiting for the criminal case to play out and then asking how to fix the rest.
The Administrative License Revocation hearing under Transportation Code Chapter 524 must be requested within 15 days of arrest or the suspension begins automatically on day 40. The ALR hearing is also a defense opportunity — we put the arresting officer under oath months before the criminal case is set, lock in their version of events, and use the transcript at trial.
The criminal case turns on the stop, the field-sobriety tests, and the breath or blood test. Each link in that chain has documented procedures (NHTSA standards for SFSTs, Intoxilyzer 9000 calibration logs, blood-draw chain of custody). Where the State deviated from procedure, the evidence comes out under Code of Criminal Procedure Article 38.23.
Video: Drive Sober or Get Pulled Over — Impaired Driving PSA — NHTSA — U.S. Department of Transportation. Visit the official channel →
License Consequences and Occupational Driving
Texas DWI license consequences run on two tracks. Administrative License Revocation under Transportation Code Chapter 524 applies if you took a breath or blood test that exceeded the limit. License Revocation under Chapter 724 applies if you refused testing — first refusal is 180 days, second is 2 years. A criminal DWI conviction triggers a separate suspension under Chapter 521.
An occupational driver's license under Transportation Code Chapter 521 Subchapter L permits limited driving (work, school, essential needs) during suspension. We file ODL applications, secure SR-22 financial-responsibility filings, and manage interlock-device requirements as part of the standard DWI defense package.
Collateral Consequences Beyond the Criminal Case
A Texas DWI conviction triggers three to five years of insurance increases (often 50 to 200 percent), the SR-22 filing requirement, mandatory interlock for BAC 0.15+ or any second offense, professional-license reporting (nursing, medical, education, law, security, real-estate), CDL disqualification under Transportation Code Chapter 522 (1 year first offense, lifetime second), federal background-check exposure for security clearances, and immigration consequences for non-citizens — particularly for repeat offenses or DWI with bodily injury.
How We Defend DWI Defense Cases
Our Five-Step Defense Process
01
Free Consultation + Triage
You call. Whether it is a stop on I-35, a CDL crisis, or a third-offense felony, we identify which clock matters first — ALR (15 days), bond, license, professional reporting — and lock in deadlines.
02
Two-Track Defense (ALR + Criminal)
Texas DWI cases run on parallel tracks. We litigate the Administrative License Revocation hearing under Transportation Code §524 to preserve driving rights and to put the arresting officer under oath months before the criminal case is set.
03
Lab and Procedure Audit
Intoxilyzer 9000 calibration logs, blood-draw chain of custody, NHTSA field-sobriety protocols, the DIC-23/24/25 forms, in-car video, body cam. We audit every link in the State's evidence chain.
04
Negotiation Strategy
Pretrial diversion (where available), reduction to obstruction of a highway under §42.03 (no DWI conviction), deferred adjudication under HB 3582 (eligible for nondisclosure), or reduction to a lesser charge are all on the table where facts support them.
05
Trial-Ready + Record Cleanup
If trial is the right call, we are ready. Voir dire on bias, expert toxicologist, HGN cross-examination, jury-charge negotiation. After resolution, we screen for nondisclosure under §411.0726 and §411.0735.
Client Outcomes
Recent Client Reviews & Case Results
Recent Client Reviews
★ ★ ★ ★ ★
“I called eleven attorneys before I found L and L. They were the only ones who actually walked me through the ALR clock on my first call. Two weeks later my hearing was won and the criminal case got dismissed.”
★ ★ ★ ★ ★
“My DWI involved a vehicular collision. Most lawyers would not even talk about it. Reggie took the case, broke down the accident-reconstruction expert at the prelim, and the felony enhancement got dropped.”
★ ★ ★ ★ ★
“The breath test came back well over the limit. Njeri found a calibration window where the machine was off by 12 percent. The lab tech could not explain it on the stand. Case ended in a non-DWI plea.”
Representative Case Results
Felony DWI reduced to obstruction — Third-offense DWI charge negotiated down to obstruction of a highway after motion practice. Dallas County, 2024.
ALR hearing decision: license retained — Suppression at the administrative hearing carried over to the criminal case. Collin County, 2024.
DWI with child passenger reduced — State-jail felony reduced to misdemeanor without family-court reporting trigger. Tarrant County, 2023.
Intoxication manslaughter sentence cut — Two-year reduction at sentencing through mitigation evidence and community-impact letters. Dallas County, 2024.
Pretrial diversion granted (rare felony case) — First-offense felony DWI accepted into diversion through coordinated motion + mitigation package. Collin County, 2023.
Past results do not guarantee similar outcomes. Each case is unique and depends on its own facts and applicable law.
Frequently Asked Questions
DWI Defense — FAQ
In Texas, "DWI" (driving while intoxicated) is the offense applicable to anyone over 21, prosecuted under Penal Code Chapter 49. "DUI" applies only to drivers under 21 with detectable alcohol, prosecuted under the Alcoholic Beverage Code. They are different offenses with different penalties.
A DWI conviction is permanent unless sealed. First-offense deferred-adjudication DWIs (HB 3582, effective 2019) became eligible for nondisclosure under Government Code §411.0726 after a 2-year (or 5-year with interlock) waiting period. Convictions are not eligible for nondisclosure, but a dismissal allows expunction under Chapter 55A.
Possibly, on two separate tracks. The Administrative License Revocation under Transportation Code Chapter 524 begins automatically on day 40 if no hearing is requested within 15 days. A criminal DWI conviction triggers a separate suspension under Chapter 521. Both can be defended; both have specific procedures.
Yes, but it triggers automatic license suspension under Texas' implied-consent statute (Transportation Code §724.013). A first refusal is 180 days; a second refusal is 2 years. Officers also routinely obtain blood-draw warrants on refusal, so refusing rarely prevents the State from getting evidence — it just adds a license penalty.
An ODL under Transportation Code Chapter 521 Subchapter L permits limited driving (work, school, essential needs) during a license suspension. It requires a court order, SR-22 insurance, and specific time/location restrictions. We file ODL applications routinely as part of DWI defense.
Yes. Even a first-offense DWI carries up to 180 days in jail, a $2,000 fine, license suspension, deep insurance increases, and DPS surcharges. Eligibility for deferred adjudication, pretrial diversion, or reduction to obstruction of a highway varies by county and depends entirely on early defense work.
Commercial drivers face a 0.04 BAC limit while operating a commercial vehicle, half the standard 0.08. A CDL holder convicted of any DWI — even in a personal vehicle — faces a 1-year CDL disqualification under Transportation Code Chapter 522 and 49 CFR §383.
It can. Multiple DWI convictions can constitute "particularly serious crimes" under federal immigration law, affecting bond, asylum, and removal proceedings. A single DWI generally does not trigger deportability for lawful permanent residents but can complicate visa renewals and naturalization timing.
L and L Law Group offers free consultations. Engagement fees vary by case complexity (first offense versus felony enhancement, whether trial is anticipated, whether ALR is contested). We offer flat-fee pricing with payment plans. Call (214) 466-1398 for a confidential quote.
Three things. (1) Calendar the 15-day ALR deadline. (2) Do not discuss the case with anyone except counsel — jail calls are recorded. (3) Preserve the DIC-25 form (license-suspension notice the officer gave you) and any receipts, witness contacts, or vehicle photos. Then call us.
Free Downloads
DWI Defense — Intake Form & Cheatsheet
Download, print, and bring to your free consultation — or fill out and email back to info@landllawgroup.com.
This website is for general information purposes only and constitutes attorney advertising under the Texas Disciplinary Rules of Professional Conduct. Nothing on this site should be taken as legal advice. This information does not create an attorney-client relationship.
Past results do not guarantee similar outcomes. Each case is unique and must be evaluated on its own facts and circumstances.
L and L Law Group, PLLC attorneys are licensed in Texas. Njeri London (Texas Bar No. 24043266) is the attorney responsible for the content of this page. Reggie London (Texas Bar No. 24043514). None of the attorneys at L and L Law Group, PLLC are Board Certified by the Texas Board of Legal Specialization unless specifically and separately stated.
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Complete Guide
Texas DWI Defense — Resources on This Site
Every related charge, jurisdiction, and explainer we publish. 11 charge variants and 7 substantive articles.