▶ Watch: DWI in Texas: What You Need to Know
For a Texas attorney, a DWI is uniquely uncomfortable — you advise clients about the system, and now you are in it. The good news is that a single misdemeanor DWI is usually not the kind of "Serious Crime" that triggers automatic discipline; the risk lies in repeat offenses, felony DWIs, and how the matter is handled. Board Certified criminal defense attorney and former Felony Chief Prosecutor Brian Foley defends fellow lawyers with discretion. This page walks through the entire Texas DWI process first, then explains what a DWI means for your State Bar of Texas license.
DWI Basics — A Refresher From the Defense Side
You may know the courthouse, but a DWI case has its own machinery. Here is how it actually moves, start to finish — and where the openings for a defense are.
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.
The Traffic Stop
A DWI case almost always begins with a stop. An officer needs reasonable suspicion that a law was broken. 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
The field sobriety tests — horizontal gaze nystagmus, walk-and-turn, and one-leg stand — are voluntary and scored subjectively against a checklist of "clues." Nerves, fatigue, footwear, the roadside surface, traffic, weather, and medical conditions all affect the results.
The Arrest, Breath Test, and Blood Test
After arrest 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 a blood-search warrant. 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 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, or your license is suspended automatically even if you are never convicted.
The Criminal Case in Court
The case moves through arraignment, pretrial settings, discovery, 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.
For an attorney, the line between misdemeanor and felony is also the line between an ordinary case and one that can trigger reporting and compulsory discipline.
Defenses
A serious defense looks at reasonable suspicion for the stop, probable cause to arrest, the administration of the field sobriety tests, 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 Law License
Now the part that is unique to attorneys.
A single misdemeanor DWI is generally not a "Serious Crime" under the Rules of Disciplinary Procedure, so it usually will not by itself suspend a law license. The danger zone is a felony DWI, repeat offenses, or conduct reflecting on honesty, trustworthiness, or fitness. Texas requires an attorney to notify the Chief Disciplinary Counsel within 30 days of a conviction or probation for any felony (among other offenses), and when a "Serious Crime" or "Intentional Crime" is involved, the Bar pursues compulsory discipline. Even where self-reporting is not strictly required, a DWI can still draw a grievance, and how it is resolved matters.
Where substance use is genuinely an issue, the Texas Lawyers' Assistance Program (TLAP) offers confidential help, and engaging it proactively can matter both personally and to a disciplinary outcome.
The strongest protection for your license is winning the criminal case so there is no reportable conviction. At Brian Foley Law PLLC we handle the ALR hearing, fight the criminal charge, and keep the disciplinary exposure in view — discreetly, lawyer to lawyer.
Speak With Brian Foley Today
If you are an attorney 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.