What Happens When You Get a DWI in Texas?

Driving While Intoxicated (DWI) is a serious offense in Texas, with potential legal, financial, and personal consequences for those charged. Understanding the laws and penalties is crucial to navigating these situations, whether you’re a resident or visitor. If you’re wondering What happens when you get a DWI in Texas, this article breaks down everything you need to know. From penalties for minors and adults to chemical test refusals, here’s a comprehensive guide.

If you are dealing with a DWI charge in Austin, the Law Office of David D. White, PLLC, is here to help you fight for your rights. Call us at (512)-369-3737 or visit our office at 608 W 12th St, Ste B, Austin, TX 78701.

DWI Penalties for Minors

For drivers under 21, Texas enforces a Zero Tolerance Law, meaning that any detectable amount of alcohol while driving results in penalties.  Even if a driver under the age of 21 is alleged to have been driving with a BAC under .08, they can still be charged with Driving Under the Influence (DUI) which is a Class C misdemeanor.  Minors may face:

• License suspension of up to 1 year for a first offense.
• Fines up to $500.
• Completion of a 12-hour Alcohol Education Program.
• 180 additional days of license suspension for failing to complete the education program.
• Community service and possible installation of an ignition interlock device.

Minors convicted of other alcohol-related offenses—such as public intoxication or possession of alcohol—can face further license suspensions ranging from 30 to 180 days, depending on the offense and whether it’s their first.

DWI Penalties for Adults

For adults 21 and older, the severity of the penalty depends on whether this is the first offense or a subsequent violation. These penalties may vary, but typically include:

• First Offense: Fine up to $2,000, 3 to 180 days in jail, license suspension for up to 2 years, annual surcharge of up to $2,000 for 3 years, and completion of a DWI Education Program (12 to 32 hours). 
• Second Offense: Fine up to $4,000, 1 month to 1 year in jail, license suspension for up to 2 years, and a required ignition interlock device. 
• Third Offense: Fine up to $10,000, 2 to 10 years in state prison, and license suspension for up to 2 years.

These penalties can carry long-term consequences, including increased car insurance rates and a permanent criminal record.

DWI with a Child Passenger

If you are convicted of a DWI while transporting a child under the age of 15, you may receive additional charges. These include:

• Fines up to $10,000.
• Jail time of up to 2 years.
• 180-day suspension of your license.

It is a felony, which carries serious consequences.

What Happens If You Refuse a Chemical Test?

Texas’s “implied consent” law requires drivers suspected to be intoxicated to agree to blood or breath tests. Declining these tests can lead to an Administrative License Revocation (ALR) which can result in:

• 180-day license suspension for the first refusal
• 2nd (and subsequent) refusal: up to 2-year license suspension

You may request a hearing to challenge this suspension. However, unless you act within 15 days of the arrest, the suspension will take effect 40 days after the arrest. Refusing a breath test carries penalties, which are administrative and separate from criminal DWI charges.

What Happens If You Fail a Chemical Test?

If you take the blood alcohol concentration (BAC) test and your level of BAC is at or over the legal limit (0.08%), you are subject to most of the same consequences that you would receive for refusing the test, such as:

• 1st offense: 90-day license suspension
• Failure (or more): Up to 1-year suspension for a second offense

How to Reinstate Your Texas Driver’s License After a DWI

Reinstating your driver’s license is a multi-step process that requires careful attention to deadlines and documentation. Here’s what you may need to do:

1. Complete the license suspension period.
2. Pay all court fees, DWI fines, and applicable surcharges.
3. Serve your jail time or community service hours (if required).
4. Complete a DWI Education/Intervention Program or Alcohol Education Program for Minors (depending on the offense).
5. Pay a $125 reinstatement fee for Administrative License Revocation (ALR).
6. Obtain an SR-22 insurance certificate, which must be held for 2 years following conviction.

Reinstating your driving privileges can take time—don’t put it off, and make sure all court orders are satisfied.

“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”

David D. White

Austin Criminal Defense Lawyer

Austin Defense Attorneys Who Can Help You with DWI Charges

Facing a DWI charge in Texas? Located in Austin, the Law Office of David D. White, PLLC, specializes in protecting people charged with a DWI. We can help you explore legal options to protect your driving privileges. Contact us at 608 W 12th St, Ste B, Austin, TX 78701. Call us at (512)-369-3737 or visit our office to discuss your case. Let us begin your defense today!

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