▶ Watch: DWI in Texas: What You Need to Know
A DWI can follow a professional engineer straight to the licensing board. Texas requires engineers to report criminal convictions, and a DWI can open a Board enforcement case. Board Certified criminal defense attorney and former Felony Chief Prosecutor Brian Foley defends engineers so a single night does not threaten a hard-earned PE license. This page walks through the entire Texas DWI process first, then explains what a DWI means for your Texas Board of Professional Engineers and Land Surveyors (TBPELS) license.
DWI Basics Every Engineer Should Understand
You solve problems with data and standards — but the DWI process has rules of its own. Here is how a case actually moves.
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 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 issue, or a community-caretaking reason. From the first moment the officer is gathering evidence: how you pull over, the smell of alcohol, your speech, and your answers. Whether the stop was lawful is one of the most important issues in the case.
Field Sobriety Tests — and Your Right to Decline
You will likely be asked to perform the three Standardized Field Sobriety Tests (SFSTs) developed by NHTSA:
- Horizontal Gaze Nystagmus (HGN) — the officer watches your eyes track a stimulus for involuntary jerking.
- Walk-and-Turn (WAT) — nine heel-to-toe steps out, a turn, nine steps back, while following instructions.
- One-Leg Stand (OLS) — standing on one foot, toe pointed, counting aloud.
These tests are voluntary — you can decline. They are scored against rigid criteria, and ordinary factors — fatigue after a long day on a site or in the field, bad knees, an old injury, roadside lighting, or footwear — can make a sober person look impaired. How the tests were administered and scored is frequently where these cases fall apart.
Breath and Blood Tests, Refusals, and Warrants
After arrest the officer reads a statutory warning (the DIC-24) and requests a breath or blood sample. You can refuse, but refusal triggers a license suspension and the officer can seek a warrant for your blood. Blood cases can still be challenged on the legality of the stop and draw, consent or warrant problems, chain of custody, lab procedure, fermentation and storage, and instrument error.
Arrest, Booking, and the Two Separate Cases
A DWI arrest creates two cases at once:
- The criminal case — filed in court, where the State must prove guilt beyond a reasonable doubt.
- The Administrative License Revocation (ALR) — a civil action against your driver's license. If you refused or failed a test, you have only 15 days from arrest to request an ALR hearing, or your license is automatically suspended. Requesting it also lets your lawyer put the arresting officer under oath before trial.
The Court Process, Step by Step
After booking and bond, the case moves through arraignment (formal notice of the charge), discovery under Article 39.14 (your lawyer demands and inspects the State's reports, video, blood vial, and lab data), pretrial motions including a motion to suppress evidence from an illegal stop, arrest, or blood draw, and finally a negotiated resolution or trial. A dismissal, reduction, or acquittal here is what protects your license.
DWI Charges & Punishment Ranges in Texas
| 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 |
How a DWI Affects Your Texas PE License
Now the part unique to engineers. The Texas Board of Professional Engineers and Land Surveyors licenses PEs and surveyors and enforces the Engineering Practice Act and Board Rules.
You Must Report a Conviction Within 30 Days
A licensed engineer or land surveyor must notify the Board in writing not later than 30 days after a misdemeanor or felony criminal conviction (ordinary traffic violations are excepted). This duty arises on conviction, not merely on arrest — but a DWI is not an ordinary traffic violation, so a DWI conviction must be reported. Failing to report can compound the problem.
What the Board Does With It
As of March 23, 2023, TBPELS adopted Chapter 140 (Criminal History and Convictions), which replaced the Board's earlier criminal-conviction rules. If enforcement staff believes a reported conviction meets the standard in the Board's guidelines, it opens an enforcement case and investigates under Chapter 139. A single misdemeanor DWI does not automatically end a PE license, but the Board can impose discipline ranging from a reprimand to administrative penalties and, in serious cases, suspension or revocation.
Felony DWI Is a Different Category
The stakes change dramatically with a felony DWI. No currently incarcerated individual may obtain or renew a license, and a license is automatically revoked by operation of law upon imprisonment following a felony conviction, felony probation revocation, or revocation of parole or mandatory supervision. That is why keeping a DWI from becoming a felony — or from resulting in incarceration — is so important for an engineer.
Renewal Disclosures
Your license renewal asks about criminal history. As with every profession, the worst outcome often comes not from the DWI itself but from answering a disclosure question incorrectly. Coordinate any Board communication with counsel.
The Criminal Case Drives the Licensing Case
For engineers the conclusion is the same: the best way to protect your PE license is to win or favorably resolve the criminal case. A dismissal, reduction, or acquittal can mean there is no reportable conviction and far less for the Board to act on. Because Brian prosecuted these cases at the highest level on the Montgomery County Vehicular Crimes Team, he knows exactly how the State builds a DWI — and how to take it apart.
Defense & the 15-Day Deadline
Brian challenges the traffic stop, the field sobriety testing, the breath test, and the blood test. Act fast: you have only 15 days from arrest to request an ALR hearing and protect your driver's license. Other licensed professionals can see our pages for doctors, nurses, CPAs, lawyers, and CDL holders.