By Jeff Kennedy

Texas DWI Laws

Being arrested for on a DWI charge is a scary thing. You may not realize this, but many people who are arrested for a DWI don’t believe they were intoxicated at the time of their arrest. They felt fine when they decided to drive and didn’t think they were driving drunk or breaking any laws.

The problem is that many people don’t know Texas DWI laws. They don’t realize that you can still be charged with a DWI even if you’re not over the legal limit. If an officer pulls you over and believes you to be “impaired,” he or she can charge you with a DWI.

Don’t lose hope just because you’ve been charged with driving while intoxicated. There are ways to beat the charge. It may be helpful for you to take a look at the DWI laws in Texas, which we will describe below.

Punishments for DWIs in Texas

The following chart should give you an idea of the crimes and punishments that fall under Texas DWI laws:

Offense Punishment
First DWI Offense – Misdemeanor Up to $2,000 fine, three to 180 days in jail, license suspension up to one year, additional fees to retain license
Second DWI Offense – Misdemeanor Up to $4,000 fine, one month to one year in jail, license suspension up to two years, additional fees to retain license
Third DWI Offense – State Jail Felony Up to $10,000 fine, two to ten years in prison, license suspension up to two years, additional fees to retain license
DWI with a Child Passenger – State Jail Felony Up to $10,000 fine, up to two years in state jail, license suspension for 180 days
Intoxication Assault – Third-Degree Felony Serious prison time and fines
Intoxication Manslaughter – Second-Degree Felony Serious prison time and fines


Possible Defenses

Hiring an attorney can increase the chances of your drunk driving charges being dropped, dismissed, or reduced. Here are some example defenses your attorney could use on your behalf:

  • You weren’t drinking at all.
  • You weren’t impaired.
  • The arresting officer violated your rights.
  • The field sobriety or breath test was inaccurate.
  • The lab made a mistake.
  • You weren’t driving.

Need a Texas DWI Lawyer?

Call the Law Offices of Jeff C. Kennedy at 817-605-1010 to get a free case review. You can also fill out the form below, and we’ll reach out to you. Texas DWI laws are confusing, so it’s often helpful to speak with legal counsel before making any decisions about your case.


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
North Richland Hills,
Texas 76182
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
303 W Abram St
Texas 76010
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