What a DWI Charge Means in Texas
Texas DWI Guide
A DWI allegation in Texas can trigger more than one legal problem at once. There is the criminal case itself, and there is often a separate driver license issue through the Administrative License Revocation process. This guide explains the charge in plain English, outlines the general penalty structure, and points you to official Bexar County and Texas resources that can help you confirm the next step.
What the charge means
Texas Penal Code Section 49.04 defines Driving While Intoxicated as operating a motor vehicle in a public place while intoxicated. Texas Penal Code Section 49.01 defines intoxicated in two common ways: loss of the normal use of mental or physical faculties because of alcohol, drugs, or another substance, or an alcohol concentration of 0.08 or more.
That means a DWI case is not limited to a breath test number. The State may also rely on driving facts, field observations, statements, body camera footage, or blood testing. The exact evidence depends on the arrest.
DWI and DUI are not the same
In adult cases, Texas usually uses the term DWI. A separate Texas statute, Alcoholic Beverage Code Section 106.041, covers Driving Under the Influence of Alcohol by a Minor. If you hear both terms, it is worth checking which statute actually appears on the paperwork because the charge level, court process, and penalties can differ.
For a Bexar County criminal case, the charging language on the complaint, information, or indictment is what matters. Labels used casually by police, family, or friends are not a substitute for the actual statute.
What the State generally has to prove
- You were operating a motor vehicle
- The vehicle was in a public place
- You were intoxicated under Texas law at the relevant time
The exact fight in a DWI case often turns on how the stop happened, how the evidence was collected, and whether the proof really matches the legal definition.
General penalty ranges
- A first DWI is generally charged as a Class B misdemeanor under Penal Code Section 49.04
- If an open container is present, Section 49.04 includes a minimum term of confinement
- If the alcohol concentration is 0.15 or more, the charge level can increase to a Class A misdemeanor
- Under Penal Code Section 49.09, prior intoxication related convictions can increase punishment significantly
- Additional statutes may apply if the case involves a child passenger, an injury, or a death
The separate driver license case
The Texas Department of Public Safety explains that the Administrative License Revocation process is separate from the criminal court case. If a notice is served in person, the hearing request window is generally 15 days. If a notice is mailed after blood test results are returned, the hearing request window is generally 20 days from the mailing date.
That deadline can arrive quickly. Even if the criminal case is just beginning, the driver license issue may already be moving.
How a Bexar County DWI case often starts
Immediately after arrest
The Bexar County Central Magistrate processes arrests made within Bexar County for Class B offenses and above. That is often where bond related timing, magistration, and early release questions begin.
Misdemeanor DWI settings
Bexar County says its County Courts at Law handle misdemeanor criminal cases. Many first offense DWI cases begin in that court system unless the facts create a felony level allegation.
Felony level allegations
Bexar County Criminal District Courts have original jurisdiction over felony criminal matters. When a DWI allegation is filed at the felony level, District Clerk and Criminal District Court resources become more important.
Release and supervision issues
Depending on the case stage, Pretrial Services, the Sheriff’s Office, or a court coordinator may also be relevant for release conditions, reporting, or scheduling questions.
What to do now
- Keep the citation, bond papers, and any DIC forms together in one place
- Write down the arrest date, the court date, the case number, and the agency involved
- Check whether a driver license hearing deadline is already running
- Confirm the court location before leaving home
- Review the court day preparation guide so you do not walk in unprepared
What to gather for a lawyer
- The arrest paperwork and bond conditions
- Any breath or blood test notices you received
- Information about prior intoxication related cases, if any
- Your driver license number and current contact information
- Questions about work, travel, or child care that could be affected by license restrictions or court dates
Official Texas and Bexar County resources
These offices and agencies can help confirm court assignments, arrest processing, release information, or driver license procedures. If a phone number is not publicly listed on the relevant page, this guide says so plainly.
| Office or resource | Why it may help | Phone | Official link |
|---|---|---|---|
| Texas DPS Administrative License Revocation | Driver license suspension questions, hearing timing, and ALR basics | (800) 394 9913 | DPS ALR Program |
| Bexar County Central Magistrate | Magistration, early arrest processing, and bond timing questions | (210) 335 6111 | Central Magistrate |
| Bexar County Courts at Law | Misdemeanor criminal court system information and court contacts | (210) 335 2011 | County Courts |
| Bexar County District Clerk | Felony court records, criminal operations, and district court related information | (210) 335 2113 | District Clerk Administration |
| Bexar County Pretrial Services | Release support, reporting locations, and pretrial program information | (210) 335 8964 | Pretrial Services |
| Bexar County Sheriff’s Office | Jail related information, recent arrest resources, and inmate contact information | (210) 335 6010 | Sheriff’s Office |
Related reading
How Forrest Good helps
Forrest Good represents people facing DWI and related criminal charges in San Antonio and across Bexar County. He can review the charging statute, explain how the local court process usually unfolds, and help you understand what deserves attention first, including deadlines that run outside the criminal case itself.
If you want direct guidance about the next step, contact Forrest Good. For broader record clearing questions after a case is resolved, review the page on expunctions and nondisclosure.
Frequently asked questions
Is a first DWI always a misdemeanor
Not always. A first DWI is often filed as a misdemeanor, but Texas law increases exposure in some situations, including certain alcohol concentration levels and some aggravating facts. Prior convictions can also change the punishment range.
Does the driver license issue wait for the criminal case to finish
No. DPS explains that the Administrative License Revocation process is separate from the criminal court case. A person can be dealing with both at the same time.
Is DWI the same as DUI in Texas
No. Adult cases are usually charged as DWI under the Penal Code. Texas also has a separate statute for Driving Under the Influence of Alcohol by a Minor.
Where will a Bexar County DWI case usually be heard
That depends on the charge level and the facts. Many misdemeanor DWI cases are handled in the county criminal court system. Felony level cases move into the criminal district court system.
Official sources
- Texas Penal Code Section 49.01, Definitions
- Texas Penal Code Section 49.04, Driving While Intoxicated
- Texas Penal Code Section 49.09, Enhanced Offenses and Penalties
- Texas Alcoholic Beverage Code Section 106.041, Driving Under the Influence of Alcohol by Minor
- Texas Department of Public Safety, Administrative License Revocation Program
- Bexar County Central Magistrate
- Bexar County County Courts
- Bexar County District Clerk Administration
- Bexar County Pretrial Services Office Locations and Hours
- Bexar County Sheriff’s Office
Last verified: March 16, 2026
Disclaimer
This page provides general public information and does not provide legal advice. The facts of a DWI case, prior history, and the exact charging statute can change the legal exposure quickly.