A Texas DWI case can begin with something as ordinary as a traffic stop.
Within minutes, the driver may be asked where he or she has been, whether alcohol was consumed, whether field sobriety tests will be performed, whether a breath or blood sample will be provided, and whether the driver understands that an arrest may follow.
But a DWI arrest is not the same thing as a DWI conviction.
At Taylor Defense Firm, we separate the investigation into the elements the State must actually prove:
- Was the accused operating a motor vehicle?
- Was the vehicle in a public place?
- Was the accused intoxicated at the time of operation?
- What evidence supports that conclusion?
- Was the stop lawful?
- Were field sobriety tests administered properly?
- How was any breath or blood evidence obtained and tested?
- And what punishment range actually applies to this defendant?
What Is DWI in Texas?
Texas Penal Code §49.04 generally provides that a person commits Driving While Intoxicated if the person is intoxicated while operating a motor vehicle in a public place.
That creates several separate issues:
- operation
- motor vehicle
- public place
- and
- intoxication.
The prosecution must prove the offense beyond a reasonable doubt.
What Does "Intoxicated" Mean?
Texas Penal Code §49.01 generally recognizes two principal ways the State may prove intoxication.
A person may be considered intoxicated by:
- not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of substances, or another substance introduced into the body;
- or
- having an alcohol concentration of 0.08 or more.
These are separate theories.
A prosecution may rely upon one or both depending upon the evidence.
A .08 Result Is Important—but It Does Not Eliminate the Investigation
A reported alcohol concentration of .08 or greater can be powerful evidence.
But the defense still needs to know:
- When was the sample taken?
- Was it breath or blood?
- How much time passed after driving?
- Was the sample obtained lawfully?
- Was the instrument or laboratory procedure reliable?
- What uncertainty or limitations exist?
- What does the result establish about the time the person was actually driving?
A laboratory number should be understood in context.
What Is the Punishment for a First DWI?
A basic first-offense DWI under §49.04 is generally a Class B misdemeanor.
The ordinary punishment range can include:
- 72 hours to 180 days in county jail; and
- a possible fine of up to $2,000.
The punishment can change depending upon facts alleged in the case.
A BAC of .15 or More Can Increase the Offense Level
If the State proves that an analysis of the person's blood, breath, or urine showed an alcohol concentration of 0.15 or more at the time the analysis was performed, the DWI offense can be elevated to a Class A misdemeanor.
A Class A misdemeanor generally carries:
- up to one year in county jail; and
- a possible fine of up to $4,000.
That means the alleged alcohol concentration can affect not only the evidence of intoxication but the offense classification itself.
A Second DWI Carries a Higher Minimum Jail Term
Texas Penal Code §49.09 enhances certain repeat intoxication offenses.
If a person has one qualifying prior intoxication-related conviction, a later DWI is generally a Class A misdemeanor with a minimum confinement term of 30 days.
The maximum Class A misdemeanor punishment generally remains:
- up to one year in county jail; and
- a fine of up to $4,000.
Prior conviction records should be examined carefully rather than accepted solely from a criminal-history printout.
A Third DWI Can Become a Felony
A DWI can become a third-degree felony when Texas enhancement law applies based upon qualifying prior intoxication-related convictions.
A third-degree felony generally carries:
- 2 to 10 years in prison; and
- a possible fine of up to $10,000.
This is why criminal history can fundamentally alter DWI punishment exposure.
The correct analysis depends upon the actual qualifying prior convictions.
A Prior Intoxication Manslaughter Conviction Can Also Affect the Level
Texas enhancement law also specifically addresses certain prior convictions for Intoxication Manslaughter and substantially similar out-of-state offenses.
A defendant's prior record should therefore be analyzed under the actual statutory enhancement provision rather than simply counting the number of prior DWIs.
DWI With a Child Passenger Is a Separate Felony Offense
Texas law creates a separate offense for driving while intoxicated with a passenger younger than the statutory age specified by law.
The punishment structure differs from an ordinary first DWI.
If a child passenger is alleged, the defense should determine the child's age, location in the vehicle, the actual intoxication evidence, and the statutory charge filed by the State.
The Traffic Stop Is the First Constitutional Question
Most DWI cases begin with a detention.
The defense should examine why the officer stopped the vehicle.
The officer may claim:
- speeding;
- weaving;
- failure to signal;
- equipment violations;
- running a traffic signal;
- unsafe lane movement;
- unusual driving;
- a collision; or
- another legal basis.
Body-camera and dash-camera footage may allow the claimed driving conduct to be compared with what the officer actually observed.
Driving Poorly and Driving While Intoxicated Are Not the Same Thing
A person can commit a traffic violation without being intoxicated.
Likewise, a person may drive poorly for reasons unrelated to intoxication.
Fatigue, distraction, unfamiliar roads, weather, vehicle problems, medical conditions, or simple driving errors can sometimes create conduct that looks suspicious.
The driving facts should be evaluated with the remaining evidence.
What Did the Officer Observe After the Stop?
Police reports frequently describe signs such as:
- odor of alcohol;
- bloodshot eyes;
- slurred speech;
- difficulty retrieving documents;
- unsteady balance;
- admissions of drinking; or
- unusual behavior.
Those observations can be important.
They should also be compared with body-camera footage.
A written conclusion such as "strong odor" or "extremely intoxicated" may look different when the actual interaction is reviewed.
Field Sobriety Tests Are Evidence, Not Verdicts
Officers may administer standardized field sobriety tests during a DWI investigation.
Those tests commonly include:
- Horizontal Gaze Nystagmus
- Walk-and-Turn
- One-Leg Stand
Depending upon the circumstances, test performance may be influenced by factors such as:
- instructions;
- roadway surface;
- lighting;
- footwear;
- age;
- injuries;
- medical conditions;
- balance issues;
- weather;
- traffic;
- anxiety; and
- officer administration.
The defense should review the actual video and the manner in which testing occurred.
Refusing a Field Sobriety Test Is Different From Refusing a Chemical Test
These are separate issues.
A driver may be asked to perform roadside tests and later be asked to provide breath or blood.
Different legal rules and consequences may apply.
The specific request and the driver's response should be identified rather than treating all refusals as the same thing.
Breath Testing Requires More Than Reading a Number
Breath-test evidence may involve:
- instrument operation;
- maintenance;
- observation procedures;
- test sequence;
- operator qualifications;
- calibration or reference checks;
- records associated with the instrument; and
- timing.
The defense should determine how the reported result was produced.
Blood Testing Creates Its Own Chain of Evidence
A DWI blood case may involve:
traffic stop → arrest → consent or warrant → blood draw → collection kit → labeling → storage → transportation → laboratory receipt → testing → review → reported result.
Each step can create evidence.
We may examine:
- Who drew the blood?
- Where?
- When?
- What authority permitted the draw?
- How was the sample stored?
- Who handled it?
- What testing method was used?
- What quality controls were applied?
- What does the laboratory data actually show?
A Blood Warrant Does Not Make Every Issue Disappear
Police may obtain a search warrant authorizing a blood draw.
That can resolve some consent issues.
It does not eliminate every possible question.
Depending upon the case, the defense may still examine:
- probable cause;
- warrant affidavit;
- identity;
- timing;
- execution;
- collection;
- chain of custody;
- laboratory testing; and
- interpretation of the result.
Prescription Drugs Can Produce DWI Allegations
Texas DWI law is not limited to alcohol.
A person may be accused of losing normal use because of:
- prescription medication;
- controlled substances;
- dangerous drugs;
- marijuana or THC;
- combinations of medications;
- alcohol combined with medication; or
- other substances.
Simply detecting a drug does not automatically establish loss of normal faculties.
The substance, dose, timing, concentration, behavior, medical history, interactions, and other evidence may matter.
Body-Camera Footage Can Be One of the Most Important Pieces of Evidence
Video may preserve:
- driving after the stop;
- the officer's first interaction;
- speech;
- balance;
- coordination;
- field sobriety testing;
- instructions;
- admissions;
- requests for breath or blood;
- refusals;
- arrest;
- transportation; and
- later statements.
It provides the jury with evidence independent of the officer's written description.
That can help the prosecution or the defense.
DWI Cases Can Have Administrative Consequences Too
A DWI arrest may trigger driver's-license issues separate from the criminal prosecution.
Breath or blood refusals and certain test results can create administrative-license consequences under Texas law.
Those proceedings can involve deadlines separate from the criminal case.
A defendant should therefore distinguish:
- the criminal DWI case
- from
- the administrative driver's-license process.
Probation Can Include Significant Conditions
A DWI sentence involving community supervision may carry conditions concerning:
- alcohol or drug evaluation;
- education programs;
- treatment;
- ignition interlock;
- testing;
- community service;
- reporting;
- travel;
- fees; and
- other court-ordered requirements.
The sentence should be evaluated by more than simply asking whether jail is avoided.
When Injury or Death Occurs, the Charge Can Change Dramatically
A DWI case involving serious bodily injury may become Intoxication Assault.
A case involving death may become Intoxication Manslaughter.
Those offenses are felonies and involve additional causation requirements.
The underlying crash investigation can become just as important as the intoxication evidence.
Build the DWI Case From the First Observation to the Laboratory
At Taylor Defense Firm, we may reconstruct the case as:
driving observation → traffic stop → officer contact → statements → observations → field sobriety tests → arrest → chemical-test request → breath/blood collection → warrant if applicable → chain of custody → laboratory or instrument result → charging decision.
We then ask:
- Why was the driver stopped?
- What signs of intoxication did the officer actually observe?
- What does the video show?
- Were the field sobriety tests administered and interpreted appropriately?
- Was a chemical sample obtained lawfully?
- Was it tested reliably?
- What does the result prove about the time of driving?
- Are drugs or medical issues involved?
- What prior convictions does the State allege?
- Does the BAC level change the offense classification?
- Is there a child passenger, serious injury, or death that changes the charge?
- And what punishment range actually applies?
DWI prosecutions often look routine because police handle large numbers of them.
For the person accused, the case is not routine. The stop, video, testing, criminal history, and statutory enhancement allegations should be examined individually before deciding what the evidence actually proves.