What's a DWI in Montgomery County Texas?

DWI is in Texas defined as driving in public under the influence of alcohol or drugs.

Intoxication is the most controversial issue in DWI cases. Ronnie Yeates Attorney and Law is adept at cross-examination of witnesses and scrutinizing evidence to resolve technical issues.

An officer will ask you to complete a field sobriety exam. An in-car camera will record your movements and take photos. You can use any statement or action against you in court.

Field sobriety tests are not an accurate indicator of intoxication. Our DWI lawyers will review these procedures.

Texas DWI Laws & Statutes

Texas has some of the harshest penalties for drunk driving.

Texas Driving while under the Influence Code (DWI).

Driving while intoxicated (DWI) in Texas is defined in Section 49.04 Texas Penal Code.

"Intoxicated while driving a motor vehicle in public. "

Texas Penal Code Section49.01 defines driving while under the influence in Texas.

  • Ingestion of alcohol, controlled substances or drugs, dangerous drugs, and any other substance can cause you to lose your mental and physical faculties.
  • Alcohol concentrations greater than 0.08%

Blood Alcohol Level and Charges

Texas DWI is determined by the amount of alcohol in your blood (or blood alcohol content) at the time you were arrested. Texas DWI is determined by the amount of blood alcohol (or blood alcohol content) in your body at the time you are arrested.

Texas Penalties For Driving While Under Influence

The Texas DWI law raises the penalties for adults convicted (over 21) of DWI based on the number and severity of DWI offenses.

It is important to note that Texas does not have a look-back period for DWI.

You will be punished for your first DWI offense

  • Class B Misdemeanor
  • Fine up to $2,000
  • Jail term: Between three and 180 days
  • License suspension: Maximum 2 years
  • To maintain your license, an annual surcharge of $2,000 is required.
  • Community Services between 24 and 100 hours
  • DWI Intervention or Education Program
  • Possible ignition interlock device

You will be punished for the second DWI offense

  • Class A misdemeanor
  • Fine up to $4,000
  • Jail term: 30 days to one year
  • License suspension: Maximum 2 years
  • To maintain your license, an annual surcharge of $2,000 is required.
  • Community service: Between 80-200 hours
  • DWI Intervention or Education Program
  • Possible ignition interlock device

Third offense and subsequent DWI offenses:

  • Third-degree felonious
  • Fine up to $10,000
  • Jail term: Between two and ten years
  • License suspension: Maximum 2 years
  • To maintain your license, an annual surcharge of $2,000 is required.
  • Community service: Between 160-600 hours
  • DWI Intervention or Education Program
  • Possible ignition interlock device


Other alcohol-related crimes are also punished in Texas as Class A Misdemeanors. This is the most common.

Persons under 21 Driving under the Influence

Anyone under 21 can be charged with DUI in Texas. An officer may perform a breath test to determine whether alcohol was present on the breath.

Driver's License Suspension for Under 21 DWI/DUI Fee

  • Anyone younger than 21 years of age fails a breath or blood test or is refused: 60-days
  • Any person refusing to submit to a breath or blood test must do so within 180 days

What is the punishment for someone under 21 convicted of DUI in Texas?

Class B Misdemeanor; 1st or Second Offense; 0-$500 fine; Alcohol Class; Community service hours.

Public Intoxication

Anyone, regardless of age, found in public places and intoxicated to the point that they could endanger others or themselves may be charged with public intoxication. These include sidewalks, common areas of schools, hospitals, apartment buildings, office buildings, transport facilities,, and shopping areas.

Minor in Possession (MIP)

A minor in possession is an offense against the law. Anyone under 21 years old cannot possess alcohol unless it is within the scope of employment, visible presence or the supervision of a parent or police officer.

Suspended driver's license for Class C Misdemeanor DUI conviction

  • 1st DUI Offense -- One-Month License Suspension
  • 2nd DUI Offense -- Two-Month License Suspension
  • Third DUI Offense -- Six-Months License Suspension

Other serious alcohol-related crimes

Intoxication Assault

Someone could be charged with Intoxication assault if they are found guilty in a case of operating a motor vehicle in public while impaired.

Intoxication Manslaughter

Intoxication Manslaughter refers to when someone is under the influence of alcohol and drives a car in public places. You could be charged with a more serious crime, and your probation could be canceled.

DWI with a child passenger

Anyone who drives under the influence of alcohol and has a child with them may be charged with child endangerment. Texas child harm convictions can result in up to $10,000 in fines, a 180-day suspension of driver's license, and a maximum of $10,000 in jail time.

Driving with a child under 15 years old in your car is a DWI.

  • Maximum 1000 hours of community service (restitution), if the offense has been made a felon
  • Jail Time between 180 Days and Two years
  • Fines up to $10k
  • An ignition interlock device or breathalyzer must be installed in your vehicle.
  • Probation;
  • DWI classes cover alcohol awareness, education, and/or special classes for repeat DWI offenders.
  • Higher auto insurance costs. This includes attorney fees.

What happens after I'm arrested for DWI?

If you fail a breath or blood test, your driver's license may be suspended for up to 90 days. You or your attorney can dispute the suspension of your driver’s license following DWI charges.

Why you should get a lawyer to represent you at your ALR hearing

An experienced lawyer can help you make the strongest case for reinstatement of your driver's license. If the judge rules in favor of the state, your driver's license will be suspended.

Obtaining an occupational driver's license after a DWI

If your driver's license has been suspended, you may be eligible for an occupational driving license. You can drive up to 12 hours per day and seven nights per week, to get to work, school, or home.

You must request an occupational license from the county in which you live or the court that was responsible for the offense. The court order can also be used to issue a temporary driver's license while your occupational licensing request is being processed.

There may be a 180-day wait period for driver's license suspensions because of intoxication. It is recommended that you consult an attorney to discuss your options.

How to Measure Blood Alcohol Content (BAC).

DWI refers to driving with a blood-alcohol level of.08 or more in Texas.

Urine testing can be less accurate and more difficult to access for civilians and officers.

No Refusal Weekends in Conroe & Houston Texas

Law enforcement may hold No Refusal Weekends to curb drunk driving. All drivers stopped for drunk driving must submit to BAC testing. A warrant may be issued to those who refuse to give blood samples.

Texas Field Sobriety Testing used for DWI Arrests

People are sometimes pulled over on suspicion of drinking/DWI/DUI. However, in reality, they are just tired, ill, or distracted.

  1. Horizontal Gaze Nystagmus
  2. Walk
  3. One Leg Stand

Horizontal gaze nystagmus. Nystagmus is an involuntary bounce of or jerking sensation in the eyeball. It's caused by disturbances to the inner ear system or the oculomotor control of the eyes.

Walk and turn. This is a test to determine divided attention.

One Leg Stand. One Leg Stand. Officers will look for the inability to balance.

Police Make Mistakes

Stopping someone using an anonymous 911 call.  An officer must examine you for other reasons before pulling you over. An anonymous 911 call should not be sufficient to warrant a pullover.

A vehicle can be stopped without any evidence of the violation

Officers cannot pull people over because they feel they have to. Without this evidence, any arrest or stop will be inadmissible before the court.

Mistakes in BAC Testing Equipment

The Breathalyzers are able to detect alcohol in food and give an inaccurate reading. Lifestyle factors like smoking, diabetes, or diets can also cause abnormally high readings.

The Portable Breath Test Devices, also known as the PTB, is a small electronic breath test device that detects alcohol in a driver's blood. It can be carried on the ground by police officers to determine if they have been intoxicated. These devices are not accurate or reliable for the detection of impaired drivers.

Contact Our Dallas DWI Lawyers Today!

Call (832) LAW-1000 to discuss your case confidentially with a local criminal defense lawyer. We will get back to you as soon as possible.

Call 24/7 for emergency assistance

Prior to retirement, Ronnie prosecuted several hundreds of intoxication offenses for 17 years ranging from juvenile charges of Driving Under the Influence in Justice Court to 25 to life Enhanced Felony Driving While Intoxicated offenses in two District Courts with hundreds of Driving While Intoxicated 1st's and 2nd's in the County Court at Law. This taught him more than one way to look at attacking these charges. Ronnie has earned both the Texas Criminal Defense Lawyer’s Association DWI Trial Warrior Award and the TCDLA DWI Scholar Award for his courtroom experience and for completing hundreds of hours of Continuing Education in the specific Field of Driving While Intoxicated.


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