Texas DUI Defense Guide — Charges & Options
DUI basics, court steps, and what happens next
A DUI arrest triggers two separate proceedings that run at the same time. The criminal case decides guilt, penalties, and your record. The administrative case decides whether your license is suspended — often on a much shorter deadline. Missing a step in one track can limit your options in the other, which is why understanding both paths from the start matters.
The two tracks: criminal and administrative
Track 1: Criminal prosecution
The criminal case is a court proceeding where the state must prove DWI beyond a reasonable doubt. Texas's per se BAC limit is 0.08 §49.04, but you can also be charged based on impairment regardless of BAC. A first offense is classified as a Class B misdemeanor.
Track 2: Administrative license action
The administrative action is handled separately from the criminal case §Tex. Transp. Code §§ 524.022; §Tex. Transp. Code §§ 724.035. It can result in license suspension even if the criminal case is eventually dismissed. You have 15 days after the notice of suspension is received (or presumed received) — the written request must be received by DPS headquarters in Austin; DPS allows 20 days from mailing when a blood-test suspension notice is mailed to request a hearing to contest the suspension.
What triggers enhanced penalties
Implied consent and chemical testing §Tex. Transp. Code § 724.011
Texas has an Implied consent law: by driving on Texas roads, you have implicitly consented to chemical testing when lawfully arrested for DWI. Refusing the test carries its own consequences: 180-day license suspension; 2 years if prior alcohol-related contact. In Texas, refusal to submit to chemical testing is admissible as evidence at trial §Tex. Transp. Code § 724.011.
BAC thresholds that matter
| Category | BAC Limit | Consequence | |
|---|---|---|---|
| Standard per se | 0.08 §49.04 | DWI charge without other evidence of impairment | |
| Enhanced penalty | 0.15 §49.04(d) | Higher minimum penalties and longer license suspension | |
| Under 21 | 0.00 (any detectable amount) | Zero tolerance violation | |
| Commercial (CDL) | 0.04 §49 C.F.R. § 383.51 | CDL disqualification |
Why timing matters most
DWI cases are unusually time-sensitive. The administrative hearing deadline begins running from the date of arrest or notice — not from the first court date. Evidence (dashcam footage, witness recollections, calibration records) can deteriorate. Early attorney involvement can preserve options that disappear with delay.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Per se limit: BAC of 0.08 or higher
- Commercial vehicle limit: 0.04 (set by separate statute in some states)
- Under 21: 0.00 (any detectable amount) (zero tolerance; set by separate statute in some states)
- Refusal consequence: 180-day license suspension; 2 years if prior alcohol-related contact
- Refusal admissible at trial: yes
- Hearing deadline: 15 days after the notice of suspension is received (or presumed received) — the written request must be received by DPS headquarters in Austin; DPS allows 20 days from mailing when a blood-test suspension notice is mailed
- First offense suspension: Failed test (adult): 90 days with no alcohol-related or drug-related enforcement contact in the 10 years before arrest, one year with one or more such contacts. Refusal: 180 days; 2 years with a prior alcohol/drug enforcement contact within 10 years