DWI Driving While Intoxicated

How Texas Law Defines Intoxication

Texas law defines intoxication in two ways: (1) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (2) having an alcohol concentration of 0.08 or more. Law enforcement may use field sobriety tests, breathalyzers, or blood draws to establish intoxication.

First Offense DWI

A first-time DWI in Texas is typically a Class B misdemeanor, carrying a minimum of 72 hours in jail, up to 180 days in jail, a fine of up to $2,000, and a driver's license suspension of 90 days to 1 year. If your BAC was 0.15 or higher, the charge is elevated to a Class A misdemeanor with up to $4,000 in fines and up to one year in jail.

Second and Third Offense DWI

A second DWI is a Class A misdemeanor with up to one year in jail and fines up to $4,000. A third DWI is a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000. Repeat offenders also face mandatory ignition interlock devices and longer license suspensions.

DWI with a Child Passenger

If you are arrested for DWI with a passenger under 15 years of age in the vehicle, the charge is automatically elevated to a state jail felony under Texas Penal Code § 49.045, regardless of your BAC level or prior record.

Why You Need an Experienced DWI Attorney

DWI cases involve complex scientific evidence including breathalyzer calibration, blood draw procedures, and field sobriety test administration. An experienced attorney can challenge the legality of the traffic stop, the accuracy of BAC testing, and the officer's observations. Todd Rash has the knowledge and courtroom experience to build a strong defense on your behalf.

DWI Defense in Fort Worth, Arlington, and Tarrant County

Todd Rash regularly defends DWI clients in Tarrant County courts, including Fort Worth, Arlington, Haltom City, Euless, Bedford, Keller, Southlake, Grapevine, and surrounding communities. He also handles DWI cases throughout North and Central Texas, including Denton County, Parker County, Johnson County, Wise County, and beyond. If you were arrested for DWI anywhere in the region, Todd Rash can help.

DWI Defense in Dallas and Surrounding Counties

Todd Rash defends DWI clients in Dallas County, Collin County, Rockwall County, Kaufman County, and Ellis County. Whether you were arrested in Dallas, Plano, McKinney, Frisco, Garland, Irving, or any surrounding city, Todd Rash provides experienced DWI defense throughout the region.

Potential Penalties

• › First offense: Up to 180 days jail, $2,000 fine, license suspension
• › High BAC (0.15+): Up to 1 year jail, $4,000 fine
• › Second offense: Up to 1 year jail, $4,000 fine
• › Third offense (felony): 2–10 years prison, $10,000 fine
• › DWI with child passenger: State jail felony
• › Surcharges of $1,000–$2,000/year for 3 years to retain license

Possible Defenses

• › Unlawful traffic stop: lack of reasonable suspicion
• › Improper arrest: no probable cause
• › Failure to read Miranda rights before custodial interrogation
• › Unlawful blood draw: no warrant or valid consent
• › Improper administration of field sobriety tests
• › Officer not trained or certified in NHTSA standardized tests
• › Medical conditions affecting balance (inner ear, knee, or back injuries)
• › Poor road conditions, uneven surface, or bad lighting during field tests
• › Nervousness, not intoxication, explaining poor field sobriety performance
• › Breathalyzer calibration errors or improper use
• › Mouth alcohol contamination: burping, acid reflux, or dental work
• › Improper 15-minute observation period before breath test
• › Operator not certified to administer the breath test
• › Blood draw chain of custody issues
• › Medical conditions affecting BAC readings
• › Diabetic ketoacidosis producing false alcohol readings on breathalyzer
• › Prescription medication taken as directed with no actual impairment

Frequently Asked Questions