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In Texas, the legal limit for intoxication is .08 BAC (blood or breath alcohol concentration). If the police think you are Driving While Intoxicated, you can be arrested and charged with drunk driving regardless of your BAC level. The ramifications of a drunk driving arrest on your record can have severe ramifications on your future. Prosecutors are very hard on those arrested for Driving While Intoxicated. However, just because you have been charged with drunk driving, doesn't mean you are guilty. There are several factors that can be reviewed to determine the merit of your drunk driving case.


Consequences for a DWI in Texas are often severe with heavy penalties, including:

  • Suspension or loss of license
  • Increased insurance rates
  • Community service
  • Possible jail or prison time
  • Alcohol assessment and treatment
  • Probation
  • Vehicle immobilization or forfeiture
  • Serious fines
  • Possible job loss
  • Permanent Criminal Record

The first time you get a DWI, it will likely be a misdemeanor and not a felony. There are circumstances that can cause some first-time DWIs to be felonies. It becomes a felony, if someone is killed or injured as a result of you driving under the influence. If your license was restricted, suspended, or revoked before the incident, or if your BAC was especially high, that also constitutes a felony.

First DWI conviction in Texas with a BAC between 0.08-0.15

  • Fine up to $5,000
  • Up to Six months in jail
  • Suspended driver's license for up to a year

Second DWI conviction in Texas, or a First DWI with a BACover0.15

  • Fine up to $8,500 if within 36 months of the first DWI, OR a fine of up to $10,000 if BAC is over 0.15
  • Up to one year in jail
  • Suspended driver's license for up to two years


In Texas, you only have 15 days to request a hearing on the issue, in writing, after receiving notice of suspension (generally received on the day of arrest). Otherwise, your license will automatically be suspended.

Driving while intoxicated is a serious offense with serious consequences.A DWI on your record could affect future jobs. When you were arrested, your fingerprints were taken and you now have an arrest record for DWI. It is just a matter of time before all of this information is made public. 

Just because you've been charged with a DWI doesn't mean you're guilty. When you are facing a DWI charge you need a criminal defense attorney with experience defending and DWI cases. If you or someone you care about has been charged with drunk driving while intoxicated, Call Brian Kennedy Law now to discuss your case and find out your options. The confidential consultation is free.

We will aggressively defend your rights if you are accused of alcohol-related offenses and will work to ensure the evidence against you is collected and preserved in a legal manner. Early contact often means that we are able to find out what is going on with the investigation before things get too far down the road.  Time is extremely important, so do not hesitate to secure representation as soon as possible.

Contact El Paso Drunk Driving Defense Attorney  Brian Kennedy Law

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