What You Need to Know About a Third DWI Offense in Texas

A DWI third offense Texas is a third-degree felony with severe, life-altering penalties. Unlike misdemeanor first and second offenses, a third conviction means facing state prison, substantial fines, a lengthy license suspension, and a permanent felony record.

Quick Facts: Third DWI Offense in Texas

Texas has no lookback period, meaning a DWI from 20 years ago counts the same as one from last year. With two prior DWI convictions from anywhere in the U.S., a third arrest is automatically a felony. This is especially true in Houston and Harris County, where prosecutors aggressively seek harsh penalties for repeat offenders. A felony conviction can destroy employment opportunities, housing prospects, professional licenses, and firearm rights. The stakes are not just about jail time; they are about your entire future.

I’m Herman Martinez, founder of The Martinez Law Firm. As a former Chief Prosecutor for the Harris County District Attorney’s Office, I have over 25 years of experience on both sides of the courtroom. This unique perspective on Texas DWI third offense cases gives me insight into how prosecutors build their cases and, more importantly, how to dismantle them to protect my clients’ freedom.

Infographic showing the timeline and key stages of a third DWI case in Texas: Arrest → 15-Day ALR Hearing Deadline → Arraignment → Pre-Trial Hearings → Trial/Plea → Sentencing (if convicted) → Prison (2-10 years) or Probation with mandatory 10-day jail time → License Suspension (180 days-2 years) → 3 Years of Annual Surcharges - dwi third offense texas infographic roadmap-5-steps

The Felony Hammer Falls: Criminal Penalties for a DWI Third Offense Texas

When you’re arrested for a DWI third offense, the charge is elevated from a misdemeanor to a felony. That single word carries immense weight in Houston and Harris County courtrooms, where judges view repeat offenders as a significant public safety risk.

jail cell door closing - dwi third offense texas

The difference is stark: county jail for misdemeanors versus state prison for felonies. A felony conviction follows you permanently, affecting job applications, housing, professional licenses, and even your right to own a firearm. The situation can worsen with aggravating factors, such as having a child passenger under 15, a high blood alcohol concentration (BAC), or causing an accident. These factors often push prosecutors to seek the harshest penalties available.

Third-Degree Felony Prison Time and Fines

A DWI third offense Texas is a third-degree felony, punishable by two to ten years in the Texas Department of Criminal Justice (TDCJ). This is state prison time, not a stay in a county facility. The financial penalties are also severe, with fines reaching up to $10,000, not including thousands more in state surcharges and other costs.

Penalties can be improved further. If you have a prior felony conviction with a prison sentence, a third DWI can be upgraded to a second-degree felony, carrying two to 20 years in prison. With two prior prison trips, you could face 25 years to life under Texas’s habitual offender laws. Texas Penal Code §49.04 details these severe penalties, showing how seriously the state treats repeat offenses.

Driver’s License Suspension and ALR Hearings

Beyond criminal court, a DWI third offense Texas arrest triggers an immediate administrative process to suspend your driver’s license for 180 days to two years. This is handled by the Texas Department of Public Safety (DPS), not the criminal court.

suspended driver's license - dwi third offense texas

From the moment of your arrest, you have only 15 days to request an Administrative License Revocation (ALR) hearing. If you miss this critical deadline, your license is automatically suspended. The ALR hearing is your chance to challenge the suspension by cross-examining the arresting officer and questioning the evidence. Information on these hearings is available from the Texas Department of Transportation (TxDOT). If your license is suspended, you might qualify for an occupational license for essential driving, but it will come with strict restrictions and likely require an ignition interlock device.

State Surcharges and Financial Burdens

The financial impact of a third DWI extends far beyond court fines. Texas imposes annual surcharges of $1,500 to $2,000 for three years to maintain your driver’s license after a conviction. That’s up to $6,000 in surcharges alone.

Additional costs include court fees, mandatory DWI education programs, substance abuse evaluations, and ignition interlock device installation and maintenance. Your auto insurance rates will also skyrocket, and you’ll be required to carry expensive SR-22 insurance for high-risk drivers for at least three years. The total financial cost of a DWI third offense in Texas can easily exceed $50,000, not counting lost income from a potential prison sentence or felony record.

Receiving probation, or community supervision, for a DWI third offense Texas is not a lenient outcome. The conditions are demanding and strictly enforced, especially in Harris County. Any violation can result in the revocation of your probation and activation of your original prison sentence.

Ignition Interlock Device installed in a car - dwi third offense texas

Probation means serving your sentence in the community, but it requires strict adherence to a long list of rules designed to ensure accountability and public safety.

Strict Conditions of Community Supervision

Even with probation for a DWI third offense, you must serve a mandatory minimum of 10 days in county jail. This is non-negotiable. Other conditions include:

Failing to meet any of these conditions, such as missing an appointment with your probation officer or failing a drug test, can have swift and severe consequences, often resulting in a motion to revoke your probation and send you to prison.

The Ignition Interlock Device (IID) Mandate

An Ignition Interlock Device (IID) is a near-certain requirement. This device is a breathalyzer connected to your car’s ignition, which prevents the vehicle from starting if it detects alcohol on your breath. The IID also requires random “rolling retests” while you are driving.

An IID is typically mandatory as a condition of bond while your case is pending, as a condition of probation, and often as a requirement to restore your driving privileges after your sentence is complete. The Texas Department of Transportation (TxDOT) may require it before you can legally drive again.

You are responsible for all costs, including installation ($70-$150) and monthly monitoring fees ($60-$80). While inconvenient and expensive, an IID may be the only way to retain limited driving privileges for essential needs like work and medical appointments, which can be crucial for maintaining stability while facing charges in the Houston area.

Life After Conviction: The Lasting Consequences of a Felony DWI

A DWI third offense Texas conviction creates a permanent felony record that brings lifelong obstacles. These collateral consequences—the secondary punishments not part of the official sentence—are often more challenging than the prison time or fines. In Houston’s competitive job and housing markets, the stigma of being a “convicted felon” can be devastating.

Impact on Employment, Housing, and Professional Licenses

With a felony DWI on your record, finding a job becomes incredibly difficult. Most employers conduct background checks, and a felony is an immediate red flag. Jobs involving driving, handling money, or requiring security clearances are often out of reach. Texas is an “at-will” employment state, so even your current job may be at risk.

For licensed professionals like nurses, teachers, and real estate agents, a felony conviction can trigger disciplinary action from state licensing boards, potentially leading to license suspension or revocation. This can be a career-ending event.

Housing is another major hurdle. Landlords frequently run background checks and may automatically reject applicants with felony convictions, limiting your options and creating housing insecurity. These barriers to employment and housing can create a difficult cycle to escape.

Loss of Civil Rights: Firearm and Voting Rights

A felony conviction for a DWI third offense Texas also results in the loss of fundamental civil rights. Under federal law, a convicted felon is permanently banned from owning or possessing firearms. This lifetime ban on firearm ownership rights can only be reversed through a pardon, which is extremely difficult to obtain.

Your right to vote is also suspended in Texas while you are serving your sentence, which includes time in prison, on parole, or on probation. Once you have fully completed all terms of your sentence, your voting rights are automatically restored. However, this period of disenfranchisement can last for many years, serving as another constant reminder of your felon status.

Building a Defense Against a Third DWI Charge

Facing a DWI third offense Texas charge is daunting, but an arrest is not a conviction. A strong defense is possible. At The Martinez Law Firm, my experience as a former Chief Prosecutor for Harris County provides a critical advantage. I know how prosecutors build these cases, which means I know how to find the weak spots and dismantle their arguments.

courtroom scene - dwi third offense texas

In Houston, you need a defense attorney who understands the system from the inside out. We scrutinize every detail of your case to challenge the prosecution’s evidence and protect your constitutional rights.

Common Defense Strategies for a dwi third offense texas

Every DWI case has potential vulnerabilities. Our defense strategies often focus on:

Can a Texas DWI third offense charge be reduced or dismissed?

Yes, it is possible to achieve a reduction or dismissal, though it is challenging. By exposing weaknesses in the state’s case—such as a questionable stop or unreliable tests—we can create leverage for plea negotiations. This can lead to reduced charges or more favorable sentencing recommendations.

While uncommon, reducing a felony DWI to a misdemeanor is possible if there are significant legal flaws in the case. Case dismissal is the ultimate goal, which we pursue when the state cannot prove its case beyond a reasonable doubt or when critical evidence is suppressed due to constitutional violations.

My background as a former Harris County prosecutor gives me an insider’s perspective on how to counter the state’s arguments. This experience is invaluable when your freedom and future are on the line.

Frequently Asked Questions about a Third DWI in Texas

If you’re facing a DWI third offense charge in the Houston area, you likely have urgent questions. Here are straightforward answers to some of the most common concerns we hear at The Martinez Law Firm.

Can a third DWI conviction be expunged or sealed in Texas?

No. Under Texas law, DWI convictions cannot be expunged. Furthermore, a felony conviction like a dwi third offense texas is ineligible for an order of non-disclosure (record sealing). This means a conviction will remain on your criminal record permanently, visible to anyone who runs a background check. This is why fighting the charge from the outset is so critical.

What is the difference between a 3rd DWI and other felony DWI charges?

A third DWI is a felony based on your history of prior offenses. However, you can face a felony DWI charge even on a first offense if aggravating factors are present:

The key difference is the reason for the felony charge: a third DWI is based on repeat offenses, while the others are based on the harm caused in a single incident.

Do prior DWI convictions from other states count in Texas?

Yes, they almost always do. Texas is part of the Interstate Driver’s License Compact, an agreement among states to share information on traffic violations, including DWIs. Prosecutors in Harris County will use this system to pull records from other states to prove your prior convictions.

However, proving an out-of-state conviction is not always simple. The prosecution must show that the offense in the other state is legally equivalent to a Texas DWI. An experienced defense attorney can scrutinize these records for procedural errors, documentation issues, or legal differences that could disqualify the prior conviction from being used to improve your charge. Challenging these priors can sometimes mean the difference between a felony and a misdemeanor.

Facing a 3rd DWI in Houston? Take Action Now

A DWI third offense Texas charge is a direct threat to your freedom and future. In Houston and Harris County, prosecutors seek maximum penalties, including years in state prison and a permanent felony record that can cost you tens of thousands of dollars and follow you for life.

This feels overwhelming, but remember: a charge is not a conviction. You have options, but you need an attorney with the right experience to fight for you.

As a former Chief Prosecutor in the Harris County District Attorney’s Office, I know the strategies the other side will use because I used them myself. At The Martinez Law Firm, we use that insider knowledge to dismantle the prosecution’s case, challenge the evidence, and protect our clients’ rights.

The stakes are too high to wait. Critical deadlines, like the 15-day window to save your driver’s license, are passing. Evidence can be lost and witnesses’ memories fade. Your defense must start now.

Don’t let a DWI conviction define your life. You need a proven fighter in your corner. Contact The Martinez Law Firm today for a comprehensive case evaluation, and let’s start building your defense together.

Get help from an experienced Houston DWI lawyer

Is delta 9 legal in Texas? The answer is complicated, depending on the THC’s source and concentration:

Shelves in Houston’s gas stations, smoke shops, and CBD stores are stocked with products containing Delta-9 THC, creating widespread confusion. While these hemp-derived products are marketed as legal under federal and state law, Texans are still being arrested and facing felony charges for possessing them.

This legal gray area stems from the 2018 Farm Bill and Texas House Bill 1325, which legalized hemp products containing less than 0.3% Delta-9 THC. What many consumers don’t realize is that this small percentage can still be psychoactive, and more importantly, that law enforcement often cannot distinguish legal hemp from illegal marijuana during a traffic stop.

The stakes are high. In 2022, thousands of Texans were arrested for marijuana possession, many believing they carried legal hemp. Penalties can range from misdemeanors to state jail felonies with up to two years in prison and $10,000 in fines.

I’m Herman Martinez, founder of The Martinez Law Firm in Houston, and I’ve seen how this confusion leads to wrongful arrests. With over 25 years in criminal defense and a background as a former Chief Prosecutor and City of Houston Judge, I have critical insight into how these cases are handled—and how to defend them effectively.

infographic showing hemp derived delta 9 thc legal if under 0.3 percent by dry weight versus marijuana derived delta 9 thc illegal except under texas compassionate use program with 1 percent thc cap and police field tests cannot accurately measure thc percentage leading to potential arrests - is delta 9 legal in texas infographic 3_facts_emoji_blue

Trying to determine is delta 9 legal in Texas is one of the most confusing questions in cannabis law. The answer hinges on a 0.3% threshold that creates a legal distinction between two chemically identical products. Both hemp and marijuana come from the Cannabis sativa L. plant, but one is sold legally in Houston gas stations while the other can land you in jail.

This 0.3% limit came from the federal 2018 Farm Bill, which Texas adopted with House Bill 1325. Lawmakers likely didn’t foresee the “gummy loophole” this would create, turning convenience stores across Harris County into unlikely cannabis retailers.

How Texas Law Defines Hemp

Texas law is very specific. The Texas Agriculture Code, Section 121.001 defines hemp as “the plant Cannabis sativa L. and any part of that plant…with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

In simple terms, any part of the cannabis plant—flowers, extracts, and other derivatives—is legal hemp as long as its Delta-9 THC content is at or below 0.3%. If it crosses that line, it becomes illegal marijuana under Texas law (except for limited medical use).

This definition covers everything from CBD oils to the hemp-derived Delta-9 gummies now common in Houston. The key is that manufacturers can extract and concentrate cannabinoids, including Delta-9 THC, as long as the final product adheres to the 0.3% limit.

illustrating the 0.3% by dry weight concept in a gummy - is delta 9 legal in texas

The “Gummy Loophole”: How a Little THC Becomes Potent

Here’s where the law creates unintended consequences. The 0.3% limit is based on the product’s total dry weight, not the dose per serving. This allows manufacturers to create intoxicating products that are technically legal.

For example, a heavy gummy can legally contain 10 milligrams of Delta-9 THC and still fall below the 0.3% threshold. For many people, 10mg is a standard dose capable of producing significant psychoactive effects.

This is the “gummy loophole.” The percentage of THC is tiny, but the total amount can be potent. Texas law only regulates the former. As a result, Houston’s smoke shops and CBD stores are filled with legal, intoxicating products like gummies, chocolates, and beverages.

But there’s a critical catch: this has created massive confusion. New users may not understand the potency of a “legal” 10mg gummy. More importantly, law enforcement officers cannot distinguish between legal hemp-derived THC and illegal marijuana-derived THC. They look, smell, and produce the same effects.

This gap between the law and practical enforcement has led to arrests and serious first-time drug offense charges across Harris County. People who made legal purchases are facing life-altering consequences because a police field test can’t measure the difference between 0.29% and 0.31% THC.

Walk into any Houston smoke shop, and you’ll see that Delta-9 isn’t the only cannabinoid for sale. The market is flooded with Delta-8, Delta-10, and THCA products, each with a confusing and precarious legal status. Understanding these differences is key to avoiding potential criminal charges.

Hemp-Derived Delta-9 vs. Marijuana-Derived Delta-9

The Delta-9 THC molecule is the same whether it comes from hemp or marijuana. Your body can’t tell the difference, and neither can most police tests. The law, however, cares deeply about its origin.

Hemp-derived Delta-9 products are sold openly in Houston stores and online. As long as they contain no more than 0.3% Delta-9 THC by dry weight, they are legal under Texas law.

Marijuana-derived Delta-9, however, is illegal for recreational use. The state’s Texas Compassionate Use Program (TCUP) is a narrow exception, allowing patients with specific conditions like epilepsy, PTSD, or cancer to access products with up to 1% THC through a registered physician. For most Texans, marijuana remains off-limits.

The Murky Waters of Delta-8, Delta-10, and THCA

Delta-8 THC exists in a legal limbo. A court injunction currently prevents the state from classifying it as a Schedule I controlled substance, but pending litigation means its status is uncertain and users still face prosecution risks.

THCA is even more precarious. It’s non-psychoactive and legal in its raw form. However, heating it (by smoking, vaping, or cooking) converts it into illegal Delta-9 THC. This is dangerous because police field tests may involve heating, inadvertently turning your legal product into an illegal one and leading to felony charges.

Delta-10 THC is the mildest of these cannabinoids and is generally considered legal as long as the final product respects the 0.3% Delta-9 THC limit.

What are Consumable Hemp Products (CHPs)?

Texas regulates these items as Consumable Hemp Products (CHPs), which includes any edible, tincture, or beverage containing hemp. The Texas Department of State Health Services (DSHS) requires manufacturers and sellers to obtain a license, creating a system to ensure compliance with the 0.3% THC limit.

Reputable vendors provide QR codes on packaging that link to lab reports (Certificates of Analysis, or COAs) verifying the cannabinoid content. However, the system isn’t foolproof, and mislabeled products that exceed the legal limit are common. This creates serious legal problems for consumers, as Texas maintains strict controlled substances laws.

The Risks: Law Enforcement and Penalties in Houston

Even if you buy a Delta-9 THC product you believe is legal, you can still be arrested in Houston. In my 25 years as a criminal defense lawyer in Harris County, I’ve seen this happen repeatedly. The law on paper doesn’t match the dangerous reality on the streets for consumers.

police car's flashing lights at night - is delta 9 legal in texas

Why You Can Still Be Arrested

Imagine being pulled over in Houston for a minor traffic issue. An officer sees your legally purchased hemp gummies, runs a field test, and it comes back positive for THC. You are now under arrest.

The problem is that police field tests only detect the presence of THC—they cannot measure the percentage. They can’t tell the difference between a legal 0.29% THC gummy and an illegal one. To the test, THC is THC.

After an arrest, the product is sent to a lab, but this can take months. In the meantime, you face serious charges. The situation is worsened by widespread product mislabeling. A Texas Monthly investigation found that every sample from eight Texas dispensaries exceeded the legal 0.3% THC limit.

Crucially, possessing THC concentrates or edibles over the limit isn’t a simple marijuana charge; it’s a felony Possession of a Controlled Substance (POCS). Houston’s program to decriminalize small amounts of marijuana flower does not apply to these products. At The Martinez Law Firm, we frequently defend clients facing drug possession charges for items they thought were legal.

Penalties for THC Possession in Texas

As a former Chief Prosecutor for Harris County, I know how devastating THC charges can be. Products with over 0.3% Delta-9 THC fall under Penalty Group 2 of the Texas Controlled Substances Act, which carries severe penalties:

A felony conviction has lifelong consequences, including the loss of firearm rights, difficulty obtaining professional licenses, and barriers to employment and housing. I’ve represented clients who bought a gummy from a Houston shop and faced years in prison because it was mislabeled. If you’re facing drug crime charges in Harris County, you need immediate legal help.

The Future of THC in Texas: A Volatile Political Climate

The answer to is delta 9 legal in Texas could change tomorrow. The legal landscape is caught between legislative battles and powerful economic and political forces.

Lt. Gov. Dan Patrick has been a vocal opponent, pushing for a total ban on hemp-derived cannabinoids over concerns about unregulated products and access by minors. Despite his efforts, legislation like Senate Bill 3 has repeatedly failed to pass, partly due to the industry’s significant economic footprint.

The Texas hemp industry generates an estimated $8 billion annually and supports over 50,000 jobs. A fiscal analysis predicted a ban would cost the state millions in revenue. This tension—pitting public safety concerns against economic benefits—has led to legislative gridlock. While some advocate for common-sense regulations like age limits and better labeling, the all-or-nothing political debate has stalled progress.

For Houston residents, this means the future is uncertain. The products on shelves today could be illegal tomorrow.

Where to Buy and What Precautions to Take

Given the political volatility and legal risks, extreme caution is essential when purchasing or possessing Delta-9 products in Houston. I’ve seen too many clients face charges over a product they assumed was safe.

Even with these precautions, you operate in a legal gray area. Possessing any THC product in Texas carries inherent risks.

Frequently Asked Questions about Delta 9 in Texas

Hemp-derived Delta-9 is legal in Texas only if the product contains 0.3% or less Delta-9 THC by dry weight. Marijuana-derived Delta-9 is illegal for recreational use. However, this distinction creates a dangerous gray area. Police field tests can’t measure THC percentage, so you can be arrested in Houston for possessing a technically legal product. Proving its legality during a traffic stop is nearly impossible, creating serious legal risks.

Yes, absolutely. Texas law prohibits driving while impaired by any substance, including legally purchased hemp-derived THC. If a Delta-9 product impairs you, an officer can charge you with a DWI based on signs of intoxication. The penalties are severe, including jail time, fines, and license suspension. It’s critical to understand how long a DWI stays on your record in Texas before deciding to drive after consuming any THC product. Treat Delta-9 products like alcohol: if you consume them, do not drive.

What should I do if I’m arrested for possessing a Delta 9 product in Texas?

If you are arrested for possessing a Delta-9 product in Harris County, your first step is to protect your rights. Remain silent. You are not required to answer questions about where you bought the product or what you knew about it. Politely state that you want to speak with an attorney. Do not consent to any searches.

Immediately contact an experienced criminal defense attorney who understands Texas’s complex drug laws. The confusion over is delta 9 legal in Texas leads to many wrongful arrests. An attorney who knows how to challenge field tests and negotiate with prosecutors is essential.

At The Martinez Law Firm, we have handled countless cases involving hemp products. With Herman Martinez’s background as a former Chief Prosecutor and Judge, we know how these cases are prosecuted and how to build a strong defense. Contact us immediately for a confidential consultation.

How to Safely Steer Delta 9 Legality in Texas

The answer to is delta 9 legal in Texas is dangerously complex. While products with less than 0.3% Delta-9 THC are technically legal, this offers no real protection from arrest. Police field tests can’t distinguish legal hemp from illegal marijuana, and with mislabeled products being common, a seemingly legal purchase can lead to a felony Possession of a Controlled Substance (POCS) charge.

The stakes are incredibly high for Houston residents. A conviction carries penalties including years in prison, thousands in fines, and a permanent criminal record. The political climate remains volatile, so what is legal today could be banned tomorrow. And never forget: driving while intoxicated by legally purchased THC is still a DWI, a crime with devastating consequences. You can learn more about how long a DWI stays on your record in Texas on our site.

The legal landscape is a minefield. If you or a loved one is facing THC-related charges in the Houston area, you need an advocate who understands the system from the inside.

At The Martinez Law Firm, we bring over 25 years of criminal defense experience. My background as a former Chief Prosecutor for the Harris County District Attorney’s Office and a former City of Houston Judge provides a unique advantage in defending these complex drug cases. We’ve seen how confusion over Texas’s THC laws has ruined lives, and we fight aggressively to protect our clients’ futures.

Don’t let a questionable THC charge derail your life. Contact us today for a confidential consultation to protect your rights and explore your defense options. Learn more about defending against drug possession charges.

Why a Harris County DWI Arrest Demands Immediate Action

A Harris County DWI attorney can be the difference between a dismissal and a life-altering conviction. If you’ve been arrested for DWI in Harris County, you must act fast. Key facts to know:

  1. You have only 15 days from your arrest to request an Administrative License Revocation (ALR) hearing to fight for your driver’s license.
  2. A first-time DWI is a Class B misdemeanor (up to 180 days in jail, $2,000 fine), but it becomes a Class A misdemeanor if your BAC was .15 or higher (up to 1 year in jail, $4,000 fine).
  3. An arrest is not a conviction. Prosecutors must prove guilt beyond a reasonable doubt, and skilled defense attorneys know how to challenge the evidence.
  4. Collateral consequences include license suspension, ignition interlock devices, insurance hikes, and employment issues.

Facing a first DWI is overwhelming. With 23,075 DWI arrests in Harris County in 2022, it’s a common but serious charge. Texas law enforcement and prosecutors are aggressive, and they begin building their case against you immediately. The clock is ticking on critical deadlines, especially the 15-day window to save your license.

I’m Herman Martinez, founder of The Martinez Law Firm. As a former Chief Prosecutor for the Harris County District Attorney’s Office with over 25 years of experience, I’ve handled DWI cases from both sides. This perspective as a Harris County DWI attorney allows me to anticipate prosecution strategies and build aggressive defenses to protect my clients’ futures.

Infographic showing DWI arrest timeline in Harris County: Day 0 - DWI arrest and temporary license issued; Day 1-15 - Request ALR hearing to contest license suspension; Day 15 - Deadline to request ALR hearing; Day 40 - License suspension begins if no hearing requested; Weeks 2-8 - Investigation and evidence gathering; Months 1-6 - Pre-trial hearings and negotiations; Months 3-12 - Potential trial date if case proceeds - Harris County DWI attorney infographic pillar-3-steps

Understanding Your DWI Charge in Harris County

If you’re facing a DWI charge in Harris County, understanding the law is the first step toward protecting yourself. Let me break down what Texas law says about DWI charges.

Under Texas Penal Code § 49.04(a), a DWI occurs when you are intoxicated while operating a motor vehicle in a public place. But “intoxicated” has two legal definitions under Texas Penal Code § 49.01(2): not having the normal use of your mental or physical faculties, or having a Blood Alcohol Concentration (BAC) of 0.08 or higher.

This means you can be charged even if your BAC is below 0.08, based on an officer’s subjective opinion that you’ve lost the normal use of your faculties. As a Harris County DWI attorney who has prosecuted and defended these cases, I know this subjective element is often a key area to challenge.

Furthermore, “operating” can mean just being in physical control of the vehicle, not necessarily driving down the road. I’ve seen cases where someone sleeping in a parked car with the keys in the ignition faced DWI charges. The most important thing to remember is that an arrest is not a conviction. The state must prove its case beyond a reasonable doubt.

What are the Penalties for a First-Time DWI?

A first DWI arrest is a serious matter with significant penalties. A first-time offense is typically a Class B misdemeanor, but certain circumstances can lift it to a Class A misdemeanor with much harsher consequences.

Offense Classification Maximum Jail Time Maximum Fine Minimum Driver’s License Suspension Other Penalties
Class B Misdemeanor 180 days $2,000 90 days – 1 year Annual DPS Surcharges ($1,000 for 3 years), Ignition Interlock Device (IID) possible, community service, DWI education programs
Class A Misdemeanor 1 year (365 days) $4,000 90 days – 2 years Annual DPS Surcharges ($1,500-$2,000 for 3 years), Mandatory IID, community service, DWI education programs, more extensive probation

The jail time and fines are just the start. A conviction triggers an automatic driver’s license suspension and costly annual DPS Driver Responsibility Surcharges for three years. In Houston, where a car is essential, losing your license can disrupt your entire life. That’s why we fight so hard to protect your driving privileges.

How Your BAC Level Impacts the Charge

Your BAC reading significantly impacts the charge. While 0.08 is the legal threshold, where your BAC falls above that line matters.

If your BAC is between 0.08 and 0.14, a first offense is typically a Class B misdemeanor. This is the most common scenario I see in Harris County.

But if your BAC is 0.15 or higher, the charge is automatically improved to a Class A misdemeanor. This means you face up to a full year in jail and a $4,000 fine. The difference between 0.14 and 0.15 might seem small, but it doubles your potential penalties. It’s also worth noting the ongoing national debate on lowering BAC limits to 0.05, showing that DWI laws remain a focus of strict enforcement.

What if There Was an Open Container?

Imagine being pulled over and an officer sees an open beer can in your car. That open container just made your situation much worse.

Police officer looking into a car window - Harris County DWI attorney

Under Texas’s open container law, a first-time DWI with an open alcoholic beverage in your immediate possession increases the minimum jail sentence from 72 hours to six days. While still a Class B misdemeanor, this mandatory minimum jail time limits a judge’s discretion and presents new challenges for your Harris County DWI attorney.

Why You Need an Experienced Harris County DWI Attorney Immediately

If you’ve been arrested for DWI in Harris County, waiting to act is a costly mistake. The clock on your case started the moment of your arrest.

Lawyer speaking with a client in an office setting - Harris County DWI attorney

The most urgent deadline is the 15-day window to request an Administrative License Revocation (ALR) hearing. If you miss it, your driver’s license will be automatically suspended 40 days after your arrest, regardless of your criminal case’s outcome. In a city like Houston, losing your license can mean losing your job.

Beyond the deadline, evidence disappears, witness memories fade, and surveillance footage is erased. The sooner an experienced Harris County DWI attorney is involved, the better we can preserve evidence and protect your rights. Police and prosecutors are already building their case. You need an advocate who can challenge their evidence and procedures.

At The Martinez Law Firm, we bring a unique advantage to your defense. As a former Chief Prosecutor for the Harris County District Attorney’s Office, I know their strategies and weak points. This insider perspective allows us to build a defense that’s several steps ahead.

An Arrest is Not a Conviction: How a Lawyer Can Fight for You

Let me be clear: an arrest is not a conviction. Many people assume a charge means their fate is sealed, but that’s not true. The prosecutor must prove every element of the case beyond a reasonable doubt—the highest legal standard.

Our job is to create that doubt. Every DWI case has potential vulnerabilities. Was the traffic stop legal? Were field sobriety tests administered incorrectly? Was the breathalyzer calibrated? We scrutinize every detail—police reports, video footage, lab results—to find inconsistencies, procedural errors, and constitutional violations.

These findings are how we win cases. In Harris County, public records show many DWI cases end in not guilty verdicts or dismissals when a defense attorney successfully challenges the evidence. We negotiate aggressively with prosecutors for dismissals or reduced charges, and we are always prepared to go to trial if it’s your best option.

What a Top Harris County DWI Attorney Investigates

Building a strong defense means a thorough investigation. Here are critical areas where errors often occur:

The traffic stop itself is the first place we look. Police need reasonable suspicion for a stop. If their reason is invalid, any evidence gathered afterward could be thrown out.

Field sobriety tests are notoriously unreliable and have strict administration guidelines. We examine every factor—from the road surface to your health—that could invalidate the results.

Breathalyzer machines aren’t infallible. These devices require proper calibration and operation. We investigate maintenance records and potential errors, as medical conditions or even mouthwash can cause false high readings.

When it comes to blood draws, the rules are even stricter. We verify if a warrant was obtained, if the phlebotomist was qualified, and if proper sterilization procedures were followed.

Chain of custody is crucial for all samples. We demand a complete, unbroken chain of custody to ensure the evidence wasn’t contaminated or tampered with.

Finally, we compare police reports against video evidence. Discrepancies between the officer’s report and the video can undermine the officer’s credibility and the prosecution’s case.

This level of investigation is why hiring an experienced Harris County DWI attorney from day one is so critical. The sooner we start, the stronger your defense becomes.

Beyond the Courtroom: Collateral Consequences of a DWI

The penalties for a DWI conviction extend far beyond the courtroom. These collateral consequences can reshape your life long after your case is closed, as detailed by TxDOT’s overview of criminal and administrative penalties.

One of the first is the Ignition Interlock Device (IID). You may be ordered to install this device in your car at your own expense, requiring you to provide a breath sample before the vehicle will start. This is a constant financial and personal burden.

Ignition interlock device - Harris County DWI attorney

Your insurance rates will skyrocket. A DWI conviction labels you a high-risk driver, often doubling or tripling your premiums for years. Some insurers in the Houston area may drop you completely.

A DWI can threaten your career, especially if you hold a professional license. Professional license risks are serious for nurses, teachers, and others who face disciplinary action, including suspension or revocation of their license.

Employment background checks are now standard. A DWI conviction on your permanent record can limit job opportunities, as many companies are hesitant to hire individuals with a criminal history.

For parents, a DWI can have devastating child custody implications. A conviction can be used in Harris County family courts to argue for reduced custody or supervised visitation.

Finally, a DWI can lead to travel restrictions, as countries like Canada may deny entry to individuals with a criminal record.

These consequences can be more damaging than the initial penalties. As your Harris County DWI attorney, we fight to protect your entire future from these far-reaching effects.

Frequently Asked Questions about Harris County DWI Cases

If you’re facing a DWI charge in Harris County, you likely have many questions. Let’s walk through some of the most common concerns we hear from clients in Houston.

What is an ALR Hearing and Why is it So Urgent?

Your driver’s license is at risk immediately after a DWI arrest, completely separate from your criminal case. This is where the Administrative License Revocation (ALR) hearing is crucial.

You have exactly 15 days from your arrest date to request an ALR hearing. If you miss this deadline, your license is automatically suspended on the 40th day after your arrest—even if your criminal case is later dismissed. The ALR process is independent of the criminal court.

The ALR hearing is your chance to contest your license suspension. Your Harris County DWI attorney can challenge whether the officer had probable cause to stop and arrest you and question the validity of any tests. This 15-day deadline is a primary reason to contact an attorney immediately after an arrest.

Can I Refuse a Breathalyzer or Blood Test in Texas?

Yes, you can refuse a breath or blood test, but Texas’s “implied consent” law means there are automatic consequences. When you get a Texas driver’s license, you agree to provide a sample if lawfully arrested for DWI.

Refusing results in an automatic license suspension—180 days for a first refusal—which is longer than for a failed test. This suspension happens regardless of the DWI case outcome.

Furthermore, Harris County officers can—and often do—obtain a search warrant to compel a blood draw. So, you could face the automatic suspension and have blood evidence used against you. While refusal can sometimes be strategic, it’s a complex decision with immediate penalties. If you’ve already refused, don’t panic—we can still build a strong defense.

How can a Harris County DWI attorney help if I’m a first-time offender?

If this is your first offense, you may have more options available to you. The Harris County District Attorney’s office offers diversion programs for some first-time DWI offenders. Successful completion can lead to a case dismissal, leaving you with no conviction on your record.

An experienced attorney can also work to negotiate reduced charges or favorable probation terms that fit your life. As a former prosecutor, I understand how the Harris County DA’s office operates, which is a significant advantage in these negotiations.

Most importantly, we work to protect your future. A DWI conviction creates a permanent criminal record that affects jobs, housing, and insurance for years. Our goal is to minimize these long-term consequences through dismissal, acquittal, or strategic sentencing. We also guide you through the confusing legal process, ensuring you understand your options at every step.

Secure Your Defense and Protect Your Future

A DWI charge in Harris County is overwhelming, with serious penalties and consequences that can affect your job, family, and future. But remember this critical fact: an arrest is not a conviction. You have rights that deserve a powerful defense.

A strong defense is about protecting the life you’ve built. The decisions you make in the hours and days after your arrest are critical, which is why having an experienced Harris County DWI attorney is essential.

At The Martinez Law Firm in Houston, we understand what’s at stake. Herman Martinez’s experience as a former Chief Prosecutor for the Harris County District Attorney’s Office gives us unique insight into how the prosecution works—and where their cases fail. This is a powerful advantage for our clients.

Our approach is aggressive, strategic, and personalized. We challenge the evidence, scrutinize procedures, and fight for your rights. Don’t steer the Harris County legal system alone. Take the first step in your defense by contacting us today for a free, confidential consultation. We are ready to fight for you.

Please keep in mind that the DWI reinstatement fee only needs to be paid
if you lose your license. The main reasons a person loses their driver’s license in Texas for a DWI is because they lost their ALR hearing, they were sentenced to jail time instead of probation, or they have more than one DWI conviction. Regardless, a person does not have to pay a reinstatement fee if their driver’s license is not suspended. As experienced Houston Lawyers, we frequently save a person’s license by winning their ALR hearing regardless of the fact if they blew over the legal limit or a blood test was performed.