▶ Watch: DWI in Texas: What You Need to Know
Being arrested for Driving While Intoxicated is frightening, but a charge is not a conviction. Board Certified criminal defense attorney and former Felony Chief Prosecutor Brian Foley has handled thousands of DWI cases — first as a prosecutor on the Montgomery County Vehicular Crimes Team, and now defending people accused across Montgomery, Harris, Brazos, Walker, and Grimes County, Texas.
This is the firm's main DWI resource. For the court-specific pages, see the Montgomery County DWI Attorney, The Woodlands DWI Attorney, College Station / Brazos County, and Walker County / Huntsville pages.
What Counts as "Intoxicated" in Texas?
Under Texas Penal Code §49.04, a person commits DWI if they are intoxicated while operating a motor vehicle in a public place. "Intoxicated" means either losing the normal use of mental or physical faculties because of alcohol or drugs, or having an alcohol concentration of 0.08 or more. You can be convicted on the loss-of-faculties theory even if you never took a breath or blood test.
The DWI Process — and the 15-Day Deadline
From the moment the lights come on, the officer is building a case: how you pull over, how you speak, the field sobriety tests, and whether you submit to a breath test or blood test — or refuse.
If you refused or failed a test, you have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. Missing that deadline means an automatic license suspension. Requesting the hearing also lets your lawyer subpoena the arresting officer under oath before trial.
DWI Charges & Punishment Ranges
| Charge | When It Applies | Classification | Punishment Range |
|---|---|---|---|
| DWI First | First offense, BAC under 0.15 | Class B Misdemeanor | 72 hours–180 days jail; up to $2,000 |
| DWI First (BAC 0.15+) | First offense, BAC 0.15 or higher | Class A Misdemeanor | Up to 365 days jail; up to $4,000 |
| DWI Second | Second offense | Class A Misdemeanor | 30 days–1 year jail; up to $4,000 |
| DWI Third or More (Felony) | Third or subsequent offense | 3rd Degree Felony | 2–10 years prison; up to $10,000 |
| DWI with Child Passenger | Passenger under 15 years old | State Jail Felony | 180 days–2 years; up to $10,000 |
| Intoxication Assault | Serious bodily injury caused while intoxicated | 3rd Degree Felony | 2–10 years prison; up to $10,000 |
| Intoxication Manslaughter | Death caused while intoxicated | 2nd Degree Felony | 2–20 years prison; up to $10,000 |
Tests, Refusals & Evidence
10 topicsFelony & Aggravated DWI
7 topicsHow a DWI Is Defended
Most DWI cases have a weak point. Common defenses include challenging the reasonable suspicion for the stop, the probable cause for arrest, the administration and scoring of field sobriety tests, the legality of a blood draw, the chain of custody, and the science behind breath and blood testing. Because Brian prosecuted these cases at the highest level, he knows exactly how the State builds them — and how to take them apart.
Why Brian Foley
Brian is Board Certified in Criminal Law by the Texas Board of Legal Specialization — a distinction held by a small fraction of Texas attorneys — and a former Felony Chief Prosecutor who supervised the intake of DWI charges in one of the nation's largest jurisdictions. That experience becomes your advantage.