A DWI arrest can create two separate problems at once: a criminal case and a driver's-license case. The deadlines on the license side can arrive quickly. Sam R. Cammack III represents people facing DWI, DUI, intoxication assault, intoxication manslaughter, and related Texas intoxication charges.
Recently arrested? Start with the driver's-license deadline. You can also review case results or Sam Cammack's background.
*3,000+ is a firm-reported career figure across criminal matters and is not DWI-specific. The DWI dismissal/expunction is described by a client in a public Google review and should be verified by Sam against the firm's file before publication. Prior results do not guarantee future outcomes.
Texas's Administrative License Revocation (ALR) process is separate from the criminal DWI case. In many refusal or test-failure cases, Texas DPS requires a hearing request within 15 days after the suspension notice is served. If you consented to a blood test, the suspension notice may arrive later after laboratory results are received; Texas DPS describes a 20-day period from the date that later notice is mailed.
Do not assume your deadline is simply "15 days from arrest." Read the DIC-25 or later DPS notice immediately and have the exact deadline reviewed.
Official information: Texas DPS ALR Program.
Reviewed by Sam R. Cammack III after legal verification · Texas Bar No. 24014415 · Draft updated September 7, 2026
Texas Penal Code § 49.04 makes it an offense to operate a motor vehicle in a public place while intoxicated. Texas defines intoxication in two ways: an alcohol concentration of 0.08 or more, or not having the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, or a combination. That means a BAC result is not required in every DWI prosecution.
A first DWI is generally a Class B misdemeanor, but the charge can be enhanced by factors such as a BAC of 0.15 or more, prior intoxication convictions, a child passenger, a qualifying school-crossing-zone allegation, serious injury, or death. See Texas Penal Code Chapter 49.
The strongest early decisions are usually about preserving deadlines and evidence, not explaining the case repeatedly to everyone around you.
People often search "DUI lawyer" and "DWI lawyer" as if the terms are interchangeable. Texas law uses them differently.
DWI is the Texas Penal Code intoxication offense. It can apply when a person operates a motor vehicle in a public place while intoxicated. The statute is not limited to drivers age 21 or older; an under-21 driver who meets the intoxication definition can also face DWI.
Texas separately prohibits a person under 21 from operating a motor vehicle in a public place while having any detectable amount of alcohol in the person's system. A first offense under this section is generally a Class C misdemeanor. No 0.08 BAC showing is required.
Generally a Class B misdemeanor, subject to enhancements based on the facts and test result.
A qualifying test result of 0.15 or more elevates a § 49.04 DWI to a Class A misdemeanor.
A second qualifying DWI is generally a Class A misdemeanor; a third can be a third-degree felony.
DWI with a passenger younger than 15 is a state jail felony.
For qualifying offenses on or after September 1, 2025, this can be a state jail felony.
Causing serious bodily injury by reason of intoxication is generally a third-degree felony, subject to statutory enhancements.
Causing death by reason of intoxication is generally a second-degree felony, with enhanced punishment in specified circumstances.
Texas's definition of intoxication includes drugs and combinations of substances, not only alcohol.
The administrative license case is separate from the criminal prosecution and has its own notice and deadline.
These are general statutory ranges. Enhancements, mandatory conditions, license consequences, and individual sentencing decisions can change the practical exposure.
| Offense | General Level | General Jail / Prison Range | Maximum Criminal Fine |
|---|---|---|---|
| First DWI | Class B misdemeanor | 72 hours – 180 days | $2,000 |
| DWI with open container | Class B misdemeanor | 6 days – 180 days | $2,000 |
| BAC 0.15 or more | Class A misdemeanor | Up to 1 year | $4,000 |
| Second DWI | Class A misdemeanor | 30 days – 1 year | $4,000 |
| Third DWI | Third-degree felony | 2 – 10 years | $10,000 |
| DWI with child passenger under 15 | State jail felony | 180 days – 2 years | $10,000 |
| Qualifying school crossing zone DWI | State jail felony | 180 days – 2 years | $10,000 |
| Intoxication assault | Generally third-degree felony | 2 – 10 years | $10,000 |
| Intoxication manslaughter | Generally second-degree felony | 2 – 20 years | $10,000 |
| Intoxication manslaughter — more than one death in same criminal transaction | First-degree felony for qualifying post-Sept. 1, 2025 offense | 5 – 99 years or life | $10,000 |
A DWI can also create separate driver's-license consequences, ignition-interlock requirements, court costs, state traffic fines, insurance consequences, and professional or employment issues.
The question is not simply whether an officer believed someone was intoxicated. The State still has to prove the elements of the charge with admissible, reliable evidence.
Review the stated violation, reasonable suspicion, body-camera video, dash-camera video, and dispatch information.
In crash, parked-car, and delayed-contact cases, operation and timing can become disputed factual issues.
Instructions, surface conditions, footwear, medical issues, fatigue, video evidence, and standardized administration can matter.
Instrument records, operator procedure, observation period, test sequence, maintenance, and timing should be reviewed.
Review the warrant or consent, draw procedure, sample handling, chain of custody, laboratory method, uncertainty, and timing.
Body and dash video can confirm or contradict descriptions of driving, speech, balance, instructions, and the sequence of events.
Sam R. Cammack III is a former felony prosecutor licensed in Texas since 2002. Learn more about Sam's background and the firm and legal team.
Texas law distinguishes between expunction and nondisclosure. Some qualifying DWI dispositions—including some qualifying first-offense convictions—can be sealed from public disclosure even though a conviction is not expunged.
Depending on the disposition, timing, and criminal history, a dismissed or acquitted DWI may qualify for expunction. Eligibility should be checked against the actual record.
Texas permits deferred adjudication for some misdemeanor DWI cases under § 49.04, subject to statutory exclusions. Successful completion is not the same as expunction.
Government Code § 411.0726 allows some qualifying DWI deferred-adjudication cases to be considered for nondisclosure after the second anniversary of completion and discharge, subject to additional eligibility rules.
Government Code §§ 411.0731 and 411.0736 create nondisclosure routes for some qualifying first-time § 49.04 convictions. Collision history, prior record, BAC enhancement, interlock history, waiting periods, and other conditions matter.
Expunged and sealed are not interchangeable. Expunction removes qualifying records under a different statute; nondisclosure restricts public disclosure but does not erase the case for every governmental, licensing, or criminal-justice purpose.
A Google reviewer writing as Mario Garza states that he was charged with a DWI and that Sam "got the case dismissed and expunged." The review identifies the DWI charge itself, unlike general criminal-defense reviews that do not state a case type.
Dismissed & Expunged — Client ReportThis is the client's description of an individual result, not an independently verified court record on this page. Sam should verify the matter before publication. Past results do not guarantee a similar outcome. See selected case results.
Penal Code § 49.04(e) makes a qualifying DWI committed in a school crossing zone while the reduced speed limit applies a state jail felony. The provision applies prospectively from September 1, 2025.
Penal Code § 49.09 provides first-degree-felony treatment when a person is convicted of intoxication manslaughter and caused the death of more than one person during the same criminal transaction, for qualifying offenses on or after September 1, 2025.
Date-sensitive legal content should be rechecked after each Texas legislative session and before publishing a page update.
Houston and surrounding Harris County criminal courts.
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Galveston, League City, Texas City, Friendswood, and nearby areas.
Angleton, Pearland, Alvin, Lake Jackson, and surrounding communities.
See the firm's Greater Houston county and court coverage.
These questions prioritize the decisions people commonly research immediately after a Texas DWI or DUI arrest.
Preserve the paperwork and check the driver's-license notice immediately. The criminal DWI case and the ALR license case are separate, and the license side can have a short hearing-request deadline. Keep the DIC-25 or later DPS notice, preserve relevant evidence, avoid discussing the case publicly, and have counsel review the stop, video, testing, and deadline before making decisions about the charge.
DWI and DUI are separate Texas offenses. DWI under Penal Code § 49.04 involves operating a motor vehicle in a public place while intoxicated and can apply regardless of age. DUI under Alcoholic Beverage Code § 106.041 applies to a person under 21 who operates with any detectable amount of alcohol. Many adults search "DUI lawyer," but their Texas charge is usually DWI.
It depends on the notice and testing path. Texas DPS states that many refusal or test-failure ALR cases require a hearing request within 15 days after the suspension notice is served. In a consensual blood-test case, the notice may be mailed later after the lab result; DPS's ALR program describes a 20-day request period from the date that notice is mailed. Use the actual notice rather than calculating the deadline from memory.
No. A proposed ALR suspension can often be contested by requesting a timely hearing. The criminal case can also create separate license consequences, so the two proceedings should not be confused.
Yes, a first DWI can be dismissed or reduced, but no outcome is automatic. Potential issues can involve the legality of the stop, proof of operation, field-sobriety evidence, breath or blood testing, warrants, chain of custody, video, witness availability, or whether the State can prove intoxication beyond a reasonable doubt.
Refusal has consequences and does not necessarily prevent testing. Texas's implied-consent laws can trigger an administrative license suspension after a refusal, and officers may seek a warrant for a blood draw. If the decision has already happened, focus on what was requested, what warnings were given, whether a warrant was obtained, and what evidence was ultimately collected.
Yes. A refusal does not prevent law enforcement from asking a magistrate for a search warrant authorizing a blood draw. The defense can review the affidavit, warrant, timing, execution of the draw, and laboratory evidence.
Yes. Texas defines intoxication not only by an alcohol concentration of 0.08 or more, but also by loss of the normal use of mental or physical faculties because of alcohol, drugs, or a combination. A below-0.08 result does not automatically end the case, and a prosecution can proceed without a chemical-test number if the State relies on other evidence.
A standard first DWI is generally a Class B misdemeanor. It can become more serious based on circumstances such as a BAC of 0.15 or more, a child passenger, a qualifying school-crossing-zone allegation, serious bodily injury, death, or qualifying prior convictions.
Sometimes, depending on how the case ends and the person's eligibility. A qualifying dismissal or acquittal may support expunction. Some qualifying deferred-adjudication DWI cases and some qualifying first-time DWI convictions may be eligible for an order of nondisclosure. Expunction and nondisclosure are different remedies, and collision history, BAC enhancement, prior record, waiting periods, and other statutory conditions can matter.
A lawyer is not legally required in every case, but a first DWI can affect more than the immediate court date. It may involve an ALR proceeding, evidence challenges, criminal penalties, insurance, employment, professional licensing, and future enhancement consequences. If you cannot afford counsel and the charge carries possible jail, ask the court whether you qualify for appointed counsel.
DWI fees vary with the charge level, prior history, breath or blood evidence, accident or injury issues, ALR work, motions, experts, and whether the case is likely to go to trial. The firm should quote the specific matter after reviewing the allegation and explain what is included in the fee. The initial consultation with this firm is free. Call 713-224-4444.
Bring or send the paperwork from the arrest so the office can identify the criminal charge, the driver's-license notice, and the deadlines that apply to your situation.
Sam R. Cammack III · 1001 West Loop South, Suite 700, Houston, TX 77027
This page provides general educational information and is not legal advice. Texas DWI, DUI, ALR, expunction, and nondisclosure rules contain exceptions and change over time. The actual charging instrument, arrest date, notice served or mailed by DPS, prior history, test result, collision facts, and other circumstances can change the analysis. Prior results and client reviews do not guarantee or predict the outcome of another case.
