San Antonio DWI and DUI Lawyer

A driving while intoxicated or driving under the influence charge in Texas can affect a person’s freedom, finances, and ability to drive, often before the case ever reaches a courtroom. The pages that follow explain how Texas law treats these accusations, how the process unfolds in Bexar County, and the considerations that go into defending a person charged with one of these offenses.

What DWI and DUI mean in Texas

In Texas, “DWI” and “DUI” are not interchangeable. They come from different statutes, apply to different drivers, and carry different consequences. The prior version of this page treated them as the same thing, and that distinction matters to anyone trying to understand the accusation they face.

Driving while intoxicated is the offense most adults are charged with. It is defined in the Texas Penal Code, and it applies to a driver of any age. A person commits DWI when the person is intoxicated while operating a motor vehicle in a public place.1 The Penal Code defines “intoxicated” two ways: either not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances, or any other substance, or having an alcohol concentration of 0.08 or more.2 Because the definition includes loss of faculties, a driver can be charged with DWI even when no breath or blood number is available, and a number at or above 0.08 establishes intoxication on its own.2 “Alcohol concentration” is measured as grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.2

Driving under the influence is a separate offense that applies only to a minor, meaning a driver younger than 21. It comes from the Texas Alcoholic Beverage Code, not the Penal Code. A minor commits DUI by operating a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system.3 There is no 0.08 threshold for a minor. Any detectable amount is enough, which reflects the state’s zero-tolerance approach to drivers under 21.3 A minor who is intoxicated under the 0.08 standard or has lost the normal use of faculties can still be charged with the more serious adult DWI offense, so the two statutes can overlap for a young driver depending on the facts.1

How Texas classifies DWI and DUI and the penalties

The level of a DWI charge depends on the driver’s record and on certain facts shown at trial. A first DWI is a Class B misdemeanor with a minimum term of confinement of 72 hours.1 If the driver had an open container of alcohol in immediate possession, that minimum rises to six days, though the offense remains a Class B misdemeanor.1 If an analysis of the driver’s blood, breath, or urine showed an alcohol concentration of 0.15 or more at the time the analysis was performed, a first offense becomes a Class A misdemeanor.1

A second DWI is a Class A misdemeanor with a minimum term of confinement of 30 days when the person has one prior conviction for an intoxication-related offense.4 A DWI becomes a third-degree felony when the person has two prior convictions for operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated, or one prior conviction for intoxication manslaughter.4

Driving while intoxicated with a child passenger is its own offense. A person commits it by being intoxicated while operating a motor vehicle in a public place when the vehicle is occupied by a passenger younger than 15 years of age, and it is a state jail felony.5 Texas law also treats causing serious bodily injury while intoxicated as intoxication assault and causing a death as intoxication manslaughter, both of which are felonies addressed in separate sections of the Penal Code.6

For a minor, a DUI is a Class C misdemeanor in most cases.3 A court must order a minor convicted of DUI to perform community service of not less than 20 or more than 40 hours for a first offense, and not less than 40 or more than 60 hours for a later offense.3 The general punishment ranges below come from Chapter 12 of the Penal Code.7

Offense Classification Confinement Possible fine
DUI by a minor, first offense (ABC Code) Class C misdemeanor None (community service of 20 to 40 hours required) Up to $500
DWI, first offense Class B misdemeanor 72 hours minimum, up to 180 days Up to $2,000
DWI, first offense with open container Class B misdemeanor Six days minimum, up to 180 days Up to $2,000
DWI, first offense, alcohol concentration 0.15 or more Class A misdemeanor Up to one year Up to $4,000
DWI, second offense Class A misdemeanor 30 days minimum, up to one year Up to $4,000
DWI with a child passenger younger than 15 State jail felony 180 days to two years Up to $10,000
DWI, third or subsequent offense Third-degree felony Two to ten years Up to $10,000

These ranges describe the statutory exposure. Texas law also allows community supervision in many cases, and the actual outcome depends on the facts, the record, and the discretion of the court and the State.7 The numbers above are the maximum and minimum boundaries the Legislature has set, not a forecast of any result.

The ALR process and your license

A DWI arrest can trigger a civil case against the driver’s license that runs separately from the criminal charge. This is the Administrative License Revocation, or ALR, process, authorized by Chapters 524 and 724 of the Texas Transportation Code.8 It is handled by the Texas Department of Public Safety and decided at the State Office of Administrative Hearings, not in the criminal court, so a person can face both at once.8

The deadline is short and easy to miss. A person has 15 days from the date the notice of suspension is served to request an ALR hearing.9 If no hearing is requested within that window, the suspension goes into effect on the 40th day after the notice was served.9 Requesting the hearing in time keeps the license valid until a judge rules and gives the person a chance to contest the suspension.9

The length of an ALR suspension depends on whether the driver provided a specimen and on the driver’s history. When an adult driver provides a breath or blood specimen that shows an alcohol concentration of 0.08 or more, the suspension is 90 days if the driving record shows no alcohol-related or drug-related enforcement contact in the preceding ten years, and longer with a prior contact.10 When a driver refuses to provide a specimen, the suspension is 180 days for a first refusal and two years if the record shows one or more alcohol-related or drug-related enforcement contacts in the preceding ten years.11 At an ALR hearing the State must prove, among other things, that reasonable suspicion to stop or probable cause to arrest existed, which is why the hearing can also reveal useful information about the underlying stop.8

How DWI cases move through Bexar County courts

Where a DWI case is heard in Bexar County depends on whether it is a misdemeanor or a felony. The Bexar County Courts at Law have jurisdiction over Class A and Class B misdemeanors, so a first or second DWI is handled there.12 The Bexar County Criminal District Courts have jurisdiction over felony offenses, so a third or subsequent DWI, a DWI with a child passenger, and intoxication assault or manslaughter are handled there.13 Both the misdemeanor courts and the district courts sit at the Cadena-Reeves Justice Center in San Antonio.12

A misdemeanor DWI typically begins with the filing of a charging instrument and a first appearance, followed by settings at which the defense reviews the State’s evidence, files motions, and discusses the case with the prosecutor. A felony DWI generally requires a grand jury indictment before it proceeds in district court.13 In every setting, the person charged is presumed innocent, and the burden remains on the State throughout. Forrest Good appears in these Bexar County courts on behalf of people charged with DWI and DUI offenses.

Defense considerations in a DWI case

Every DWI case turns on its own facts, and the considerations below describe what a defense reviews rather than any predicted result. The accusation is only a starting point, and the State must prove each element beyond a reasonable doubt.1

The reason for the stop

A traffic stop generally must be supported by reasonable suspicion that a law has been violated. At an ALR hearing the State has to address whether reasonable suspicion to stop or probable cause to arrest existed, and the same question can be raised in the criminal case.8 The defense reviews the basis for the stop, the dashboard and body camera footage, and the officer’s stated reasons.

Field sobriety testing

Standardized field sobriety tests are meant to be given and scored in a specific way. A defense looks at whether the tests were administered and recorded properly, the conditions under which they were performed, and whether medical, physical, or environmental factors could explain the results.

Breath and blood testing

Because an alcohol concentration of 0.08 or more establishes intoxication on its own, the reliability of the test matters a great deal.2 A defense examines how a specimen was collected, the maintenance and calibration records of the instrument, the timing of the test relative to driving, and the chain of custody of a blood sample.

The State’s burden

The accusation does not carry any weight on its own. The State must prove that the person operated a motor vehicle in a public place and was intoxicated at the time, and the defense holds the State to that burden on every element.1

Collateral consequences of a DWI conviction

A DWI conviction can reach beyond the jail term and fine set by statute. The driver’s license consequences described in the ALR section run separately from any suspension a court may order, and the two can stack.8 Beyond the license, a conviction can affect employment, professional licensing, insurance, and immigration status, and a felony conviction carries the broader loss of rights that follows any felony in Texas.7 Because a DUI conviction for a minor can lead to a license suspension and a required alcohol awareness program in addition to the community service the statute mandates, even a Class C charge against a young driver deserves careful attention.3 These consequences vary by person and circumstance, and anyone weighing a plea should understand them before deciding how to proceed.

What to do after a DWI or DUI arrest in San Antonio

The first days after an arrest matter, largely because of the 15-day ALR deadline. A person who has been arrested for DWI or DUI in San Antonio can take a few measured steps. Note the date the suspension notice was served, because the 15-day window to request an ALR hearing runs from that date.9 Preserve anything related to the stop, including paperwork, names, and the location, while details are fresh. Avoid discussing the facts of the case publicly or on social media. Gather any records that may bear on the testing or the stop, such as medical information that could affect field sobriety results.

A person charged with DWI or DUI can also speak with a criminal-defense attorney about the accusation and the deadlines that apply. Forrest Good PLLC handles DWI and DUI matters in San Antonio and Bexar County, and Forrest Good can review the facts of a particular situation and explain the options available under Texas law. Nothing on this page is legal advice, and reading it does not create an attorney-client relationship.

Frequently asked questions

Is a first DWI a felony in Texas?

No. A first DWI is generally a Class B misdemeanor with a minimum term of confinement of 72 hours. It becomes a Class A misdemeanor if an analysis showed an alcohol concentration of 0.15 or more, and it can become a felony only with prior convictions or aggravating facts such as a child passenger.

What is the difference between DWI and DUI in Texas?

DWI is a Penal Code offense that applies to any driver who is intoxicated, meaning the driver has lost the normal use of faculties or has an alcohol concentration of 0.08 or more. DUI is an Alcoholic Beverage Code offense that applies only to a driver younger than 21 who has any detectable amount of alcohol in the driver’s system.

How long do I have to request an ALR hearing?

A person has 15 days from the date the notice of suspension is served to request an Administrative License Revocation hearing. If no request is made in that window, the suspension takes effect on the 40th day after the notice was served.

Where will my DWI case be heard in Bexar County?

A misdemeanor DWI is heard in the Bexar County Courts at Law, which handle Class A and Class B misdemeanors. A felony DWI, such as a third offense or a DWI with a child passenger, is heard in the Bexar County Criminal District Courts. Both sit at the Cadena-Reeves Justice Center.

What is the legal alcohol limit in Texas?

For a driver of any age, an alcohol concentration of 0.08 or more establishes intoxication. A driver can also be considered intoxicated below that number if the driver has lost the normal use of mental or physical faculties. For a driver under 21, any detectable amount of alcohol can support a DUI charge.

Can a DWI affect my driver’s license even if I am not convicted?

Yes. The Administrative License Revocation process is civil and separate from the criminal case, so a license suspension can result from the arrest itself unless the person requests a hearing in time and prevails. A first failed test generally leads to a 90-day suspension, and a first refusal generally leads to a 180-day suspension.

Other practice areas

Learn more

References

  1. Texas Penal Code § 49.04, Driving While Intoxicated (Class B misdemeanor, 72-hour minimum; open-container six-day minimum; 0.15 or more is a Class A misdemeanor). statutes.capitol.texas.gov
  2. Texas Penal Code § 49.01, Definitions (“intoxicated” and “alcohol concentration,” including the 0.08 standard). statutes.capitol.texas.gov
  3. Texas Alcoholic Beverage Code § 106.041, Driving or Operating Watercraft Under the Influence of Alcohol by Minor (any detectable amount, Class C misdemeanor, community service). statutes.capitol.texas.gov
  4. Texas Penal Code § 49.09, Enhanced Offenses and Penalties (second offense Class A misdemeanor with 30-day minimum; third offense third-degree felony). statutes.capitol.texas.gov
  5. Texas Penal Code § 49.045, Driving While Intoxicated With Child Passenger (passenger younger than 15; state jail felony). statutes.capitol.texas.gov
  6. Texas Penal Code §§ 49.07 and 49.08, Intoxication Assault and Intoxication Manslaughter. statutes.capitol.texas.gov
  7. Texas Penal Code Chapter 12, Punishments (§ 12.21 Class A misdemeanor, § 12.22 Class B misdemeanor, § 12.23 Class C misdemeanor, § 12.34 third-degree felony, § 12.35 state jail felony). statutes.capitol.texas.gov
  8. Texas Transportation Code Chapters 524 and 724, Administrative License Revocation; Texas Department of Public Safety, Administrative License Revocation (ALR) Program. dps.texas.gov
  9. Texas Department of Public Safety, ALR Program (“15 days from the date the notice is served to request a hearing”; suspension effective on the 40th day if no hearing is requested). dps.texas.gov
  10. Texas Transportation Code § 524.022, Period of Suspension (90 days for a first failed test with no enforcement contact in the preceding ten years). statutes.capitol.texas.gov
  11. Texas Transportation Code § 724.035, Suspension or Denial of License (180 days for a first refusal; two years with a prior enforcement contact in the preceding ten years). statutes.capitol.texas.gov
  12. Bexar County, Misdemeanor Trial Division and County Courts at Law (jurisdiction over Class A and Class B misdemeanors; Cadena-Reeves Justice Center). bexar.org
  13. Bexar County, Criminal District Courts (jurisdiction over felony offenses committed in Bexar County). bexar.org