Back to Practice Areas

Texas DWI Defense

article image

Being arrested for driving while intoxicated (DWI) in Texas can be overwhelming and frightening. A conviction can result in jail time, steep fines, a suspended driver’s license, and a criminal record that follows you for years.

At The Santos Law Firm, PLLC, we understand how much is at stake. Our mission is to provide aggressive, strategic, and compassionate defense for individuals facing DWI charges across Houston and throughout Texas.

Understanding DWI Laws in Texas

Under Texas Penal Code §49.04, a person commits the offense of Driving While Intoxicated if they operate a motor vehicle in a public place while:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher, or
  • Being impaired due to alcohol, drugs, or a combination of both to the point of losing normal use of mental or physical faculties.

Texas also has enhanced penalties for drivers with a BAC of 0.15% or higher, as well as for repeat offenders, drivers under 21, and commercial drivers (CDL holders).

Even a first-time DWI charge can have serious consequences — which is why early, skilled legal representation is critical.

Common DWI and Alcohol-Related Cases We Handle

At The Santos Law Firm, we represent clients in all types of alcohol and drug-related driving offenses, including:

  • First-Time DWI Offenses – For individuals with no prior DWI convictions.
  • Second or Repeat DWI – Enhanced penalties and longer license suspensions.
  • Felony DWI – Third or subsequent DWI, or DWI with serious injury or death.
  • DWI with a Child Passenger – A state jail felony carrying severe penalties.
  • Intoxication Assault – Causing serious bodily injury while driving intoxicated.
  • Intoxication Manslaughter – Causing death while operating a vehicle under the influence.
  • Underage DWI (Minor in Possession) – Texas has a zero-tolerance policy for drivers under 21.

No matter the charge, our firm works tirelessly to protect your driving privileges, your freedom, and your record.

Penalties for DWI in Texas

Texas imposes tough penalties for DWI convictions under Texas Penal Code Chapter 49 and the Texas Transportation Code.

Depending on the offense, potential consequences include:

First Offense (Class B Misdemeanor)

  • Up to 180 days in jail (minimum 3 days mandatory)
  • Up to $2,000 in fines
  • License suspension for up to 1 year
  • Possible Ignition Interlock Device (IID) requirement

Second Offense (Class A Misdemeanor)

  • Up to 1 year in jail
  • Up to $4,000 in fines
  • License suspension for up to 2 years
  • IID installation and possible community service

Third Offense (Third-Degree Felony)

  • 2 to 10 years in prison
  • Up to $10,000 in fines
  • License suspension for up to 2 years
  • Felony record with long-term impact on employment and rights

Additionally, Texas imposes surcharges, probation fees, alcohol education programs, and insurance rate increases after a DWI conviction.

Imagem without description

Defenses Against DWI Charges

A DWI arrest does not guarantee a conviction. At The Santos Law Firm, we carefully investigate every aspect of your case — from the legality of the traffic stop to the accuracy of the breath or blood test.

Common defenses include:

  • Unlawful Traffic Stop – The officer lacked reasonable suspicion to pull you over.
  • Faulty Field Sobriety Tests – Tests were improperly administered or interpreted.
  • Breathalyzer or Blood Test Errors – Faulty equipment or incorrect handling of samples.
  • Violation of Rights – Police failed to follow proper arrest procedures or Mirandize you.
  • Medical Conditions – Certain medical or neurological issues can mimic signs of intoxication.
  • Lack of Evidence – Insufficient proof of intoxication beyond a reasonable doubt.

We build a detailed, evidence-based defense strategy to challenge the prosecution and protect your driving record.

Why Choose The Santos Law Firm for Your DWI Defense?

Choosing the right defense lawyer can mean the difference between a conviction and a clean record. Clients trust The Santos Law Firm because we offer:

  • Extensive Knowledge of Texas DWI Laws – Skilled in both legal and procedural aspects of DWI defense.
  • Aggressive Representation – We challenge every flaw in the prosecution’s case.
  • Proven Results – We’ve successfully reduced charges, obtained dismissals, and preserved driving privileges.
  • Personalized Legal Strategy – Tailored defense plans for every client and every case.
  • Compassionate Guidance – We treat you with respect and help you move forward confidently.

Our goal is to minimize or eliminate the consequences of your arrest while protecting your reputation and future.

The DWI Defense Process

We guide you through every step of your DWI case — from arrest to resolution — with clarity and professionalism:

  1. Free Consultation – We assess your case, explain your rights, and outline your legal options.
  2. Administrative License Revocation (ALR) Hearing – We fight to keep your driver’s license.
  3. Investigation – We review police reports, body cam footage, test results, and witness statements.
  4. Negotiation or Trial – We pursue charge reductions or dismissal; if necessary, we fight for you in court.

From start to finish, our firm is committed to securing the best possible outcome for your case.

Take Immediate Action — Time Is Critical

In Texas, you have only 15 days from the date of your DWI arrest to request an ALR hearing to contest your driver’s license suspension. Failing to act quickly can result in an automatic suspension.

Don’t wait — contact an attorney immediately to protect your rights and your license.

Contact a Houston DWI Defense Lawyer Today

A DWI charge does not have to define your future. With the right legal representation, you can fight back, protect your freedom, and move forward.

At The Santos Law Firm, PLLC, we are ready to stand by your side and defend you every step of the way.

Contact us today for a free, confidential consultation and take the first step toward protecting your future.

M.G.

I am forever grateful with Mr. Mario Santos and his team. I highly recommend The Santos Law Firm!

S.D.

Best lawyer in Houston area if you need legal advice he is the right person. Thanks Mr. Mario.

K.D.

Attorney Santos and Attorney Johnson and the whole firm are truly phenomenal.

Legal Insights

Below Hero

Understanding DWI Defense in Texas

A clear guide on what happens after a DWI arrest, your rights, and how an experienced defense attorney can protect your freedom.

Below Hero

Your Rights After a Car Accident

A step-by-step guide for Texas accident victims on protecting their rights, dealing with insurers, and recovering fair compensation.

Below Hero

Felony vs. Misdemeanor: What You Need to Know

Explore how Texas classifies criminal charges and why experienced legal representation is crucial at every level of defense.

Social Media

Location

4801 Woodway Drive, Suite
203W, Houston, Texas 77056

© 2025 The Santos Law Firm. All rights reserved. Powered by The Casely Group

Logo