Being charged with Driving While Intoxicated under Texas Penal Code §49.04 can quickly turn your life upside down. A DWI arrest raises immediate questions about the charges you are facing, the possibility of jail time, the financial penalties involved, and whether you could lose your driver’s license.
Because a DWI involves operating a vehicle, the consequences often reach far beyond the courtroom. A conviction can affect your ability to drive, your employment opportunities, your insurance rates, and your permanent criminal record. Understanding the seriousness of a Texas DWI charge and the legal options available to fight the case can be critical to protecting your future.
Understanding the statute’s specifics, the conditions under which a DWI gets enhanced or a DWI becomes a felony, and the penalty range is critical for effectively navigating this complex legal landscape in Texas. Also, knowing how to avoid your driver’s license being suspended under the applicable statutes is extremely important as well.
At Austin Hagee Law Firm, we’ve built our reputation by guiding good people through hard times, with the goal of restoring families. Our lawyers knows Texas DWI law inside and out. Better yet, we don’t just defend cases—we fight aggressively to protect your rights, freedom, and future. Our extensive experience and meticulous preparation make our attorneys uniquely equipped to safeguard your rights and mitigate the impact of these charges.
Reach out today for a free consultation, and let us explain how one of our lawyers can help.
Texas Penal Code 49.04 is the criminal statute that defines driving while intoxicated in Texas, which in most cases is a Class B misdemeanor punishable by a minimum of 72 hours in jail, if you are not offered probation. Per the statute, driving while intoxicated means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher—or if you have lost control of your mental or physical faculties by the use of alcohol or drugs, regardless of your BAC.
Texas Penal Code Chapter 49 also sets the threshold for even longer sentences or harsher charges. For example:
Exceptions under adjacent statutes also include:
A DWI conviction can have serious, lifelong repercussions, which is why knowledgeable legal representation is crucial to properly navigate this type of charge.
You may wonder: Is DWI a felony? Your first DWI or second DWI offense in Texas is almost always considered a misdemeanor. However, certain situations elevate charges from misdemeanor to felony. These include the following:
Felony DWI charges require a strategic defense with a lawyer that has handled serious felony DWI accusations before. Because of the substantial punishment ranges for felony DWI accusations, it is advisable to hire a lawyer that has handled these types of cases before. There are serious strategic and scientific angles that need to be investigated, and potentially challenged, to bring your best legal defense. Austin Hagee Law Firm has the proven experience to navigate these challenging cases successfully.
Austin Hagee Law Firm finances its own clients directly, with flexible payment plans and a low initial payment. Call to find out what a defense would look like for you.
Available 24/7 for new inquiries
Texas doesn’t treat DWI cases lightly, even as a misdemeanor. However, the penalties for DWI in Texas depend significantly on prior convictions and the specific circumstances of your arrest.
Beyond the stiff legal penalties, DWI convictions can severely impact professional licenses, employment options, and even your family life. The stakes are high, and navigating these charges requires skillful representation.
Every DWI case has unique nuances, demanding personalized defense strategies. Austin Hagee, a former Bexar County Felony Assistant District Attorney, a National Top 40 Under 40 Trial Lawyer, and a Texas Rising Star SuperLawyer brings crucial insights from both sides of the aisle. His team includes seasoned attorneys, whose experience spans prosecution and defense, ensuring a balanced and powerful defense strategy. Every case is handled by carefully as our team of attorneys work the case together in a team-based legal defense. Our team has secured dismissals, acquittals, and reductions in many cases, and we would be honored to help your family fight towards that goal.
Our approach includes:
Our meticulous preparation and aggressive defense have led to numerous case dismissals, making us one of San Antonio and Texas’ trusted criminal defense firms for people facing DWI charges.
Facing DWI charges can be overwhelming, but it’s crucial to remember that you have rights and options. At Austin Hagee Law Firm, we represent good people through hard times with the goal of restoring families.
Austin Hagee was selected by Forbes as one San Antonio’s Best Criminal Defense Attorneys, recognized as a National Top 100 Trial Lawyer, recognized by Lawyers of Distinction, and selected as a Best Criminal Defense Attorney and DUI Attorney by Expertise.com. Our firm has earned over 185 five-star Google reviews through dedication, diligence, and genuine care.
Do not leave your future to chance. Our team stands ready to help you 24 hours a day. Moreover, we offer free consultations and tailored financing options through LawPay, offering peace of mind during uncertain times. When your future hangs in the balance, trust a team known for results.
Contact Austin Hagee Law Firm today—because good people deserve a great defense.
You can also call us at (210) 500-3700.
Texas Possession of Alcoholic Beverage in Motor Vehicle. Link.
Texas Driving While Intoxicated with Child Passenger. Link.
Texas Impaired Driving and DUI/DWI Penalties. Link.
Texas DUI/DWI Enhanced Offenses and Penalties. Link.
A strong defense that protects your future should not be reserved for those with the deepest pockets. Austin Hagee Law Firm finances its own clients directly, with flexible payment plans and a low initial payment.
Available 24/7 for new inquiries
Expungement is limited to specific types of dismissals, but non-disclosure orders may seal records from public view after meeting specific criteria. You can discuss this possibility of an expungement during a free consultation with one of our experienced attorneys.
Installation is mandatory after multiple DWI convictions or under certain circumstances defined by Texas law. If you were ordered to get a ignition interlock, and believe it may not be legally required, we would be happy to analyze your situation and see what laws apply to you.
Texas law allows immediate license suspension upon refusal. While a refusal may prevent the collection of critical evidence against you, prosecutors can also use your refusal in court as evidence that you knew you were too intoxicated to drive.
However, you can delay or completely avoid a driver’s license suspension by requesting an administrative license hearing (ALR) in Texas. Your attorney can help you with this process. The goal of your attorney in an ALR is to show that you should have never been arrested for DWI or that your DWI arrest was based upon improper or an illegal police investigation.
If you or a loved one has been arrested for drinking and driving in Texas, you’re probably hearing terms like DWI, DUI, ALR hearing, and occupational driver’s license being thrown around a lot.
You never expected to be in this position.
Texas imposes some of the most restrictive drug laws in the nation.
