▶ Watch: DWI in Texas: What You Need to Know
A DWI is more than a criminal case for a Texas CPA — the State Board of Public Accountancy treats an alcohol-related offense as a "discreditable act," and certain convictions must be reported. Board Certified criminal defense attorney and former Felony Chief Prosecutor Brian Foley defends accountants so a single night does not jeopardize a CPA certificate. This page walks you through the entire Texas DWI process first, then explains exactly what a DWI means for your Texas State Board of Public Accountancy (TSBPA) license.
DWI Basics Every CPA Should Understand
You work in audits, tax, and assurance — not criminal procedure. Here is how the process actually moves, from the stop to the courtroom.
What "Intoxicated" Means in Texas
Under Texas Penal Code §49.04, you commit DWI if you are intoxicated while operating a motor vehicle in a public place. "Intoxicated" has two definitions, and the State only has to prove one: (1) losing the normal use of your mental or physical faculties because of alcohol, a drug, a controlled substance, or any combination; or (2) having an alcohol concentration of 0.08 or more. Under the first definition you can be convicted even with no breath or blood test — and even properly used prescription medication can be the basis of a charge.
The Traffic Stop
A DWI case almost always begins with a stop. An officer needs reasonable suspicion that a law was broken — a traffic violation, weaving, an equipment problem, or a valid community-caretaking reason. From the first moment the officer is gathering evidence. Whether the stop was lawful is one of the most important issues in the case, and an unlawful stop can lead to all of the evidence being suppressed.
Standardized Field Sobriety Tests
Next come the field sobriety tests — the horizontal gaze nystagmus (eye) test, the walk-and-turn, and the one-leg stand. They are voluntary, and you can decline them. They are scored subjectively against a checklist of "clues," and the results are affected by nerves, fatigue, footwear, the roadside surface, traffic, weather, and common medical conditions.
The Arrest, Breath Test, and Blood Test
If the officer arrests you, you will be read the statutory DIC-24 warning and asked for a breath or blood specimen. Refusing can lead to a license suspension and frequently to a blood-search warrant. Neither result is unbeatable: the breath machine's calibration and the required observation period, the margin of error, rising-alcohol, medical conditions, and the blood-draw and laboratory procedures can all be challenged.
The 15-Day Deadline to Save Your License
A DWI arrest quietly starts a second, separate case — the Administrative License Revocation (ALR). You have only 15 days from the date of arrest to request an ALR hearing. Miss it and your driver's license is suspended automatically, even if you are never convicted of anything. This is the single most time-sensitive step.
The Criminal Case in Court
The criminal case moves through arraignment, pretrial court settings, exchange of evidence (discovery), pretrial motions, and either a negotiated resolution or a trial. A first DWI is usually a Class B misdemeanor (a Class A if your alcohol concentration was 0.15 or higher).
Punishment Ranges
- DWI First — Class B misdemeanor: 72 hours to 180 days in jail and up to a $2,000 fine.
- DWI First (0.15+) — Class A misdemeanor: up to one year in jail and up to a $4,000 fine.
- DWI Second — Class A misdemeanor, with mandatory minimum jail terms.
- DWI Third — third-degree felony: 2 to 10 years in prison.
- DWI with a child passenger, intoxication assault, and intoxication manslaughter — felonies.
Every level also carries a possible license suspension, surcharges, higher insurance, and a permanent criminal record — and for a CPA, a felony or alcohol-related conviction is exactly what the Board wants reported.
Defenses
A serious defense looks at whether there was reasonable suspicion for the stop, whether there was probable cause to arrest, how the field sobriety tests were administered, the reliability of any breath or blood result, rising-alcohol and medical explanations, the chain of custody, and any constitutional violation that can suppress evidence.
What a DWI Means for Your Texas CPA License
Now the part that is unique to accountants.
The Texas State Board of Public Accountancy (TSBPA) treats alcohol-related offenses through its "discreditable acts" rule (Board Rule 501.90) and its reporting rule (501.91), along with the criminal-conviction provisions of Rule 519.7. A final felony conviction is a reportable discreditable act that must be reported within 30 days, and deferred adjudication for a felony, a crime of moral turpitude, or a crime involving abuse of alcohol or controlled substances must also be reported. A single misdemeanor DWI usually does not end a CPA certificate by itself, but it can lead to discipline ranging from a reprimand to probation, and a license can be restricted, suspended, or revoked in serious or repeat cases.
Where substance use is genuinely a concern, the Accountants Confidential Assistance Network (ACAN) offers confidential peer assistance, and Board discipline in alcohol-related cases often includes ACAN participation. Engaging help proactively can matter to how the Board views the case.
The strongest protection for your certificate is winning the criminal case so there is no reportable conviction. At Brian Foley Law PLLC we handle the ALR hearing to protect your ability to drive, fight the criminal charge, and keep the accountancy-board consequences in view at every step.
Speak With Brian Foley Today
If you are a CPA facing a DWI in Conroe, The Woodlands, or anywhere in Montgomery, Harris, Brazos, or Walker County, contact Brian Foley Law PLLC for a free, confidential consultation. The 15-day license clock is already running — do not wait.