Harris County DWI Laws and Penalties

Facing driving while intoxicated (DWI) charges can be severely detrimental to your future. Having such a conviction on your record can change the way you are perceived by your friends and neighbors. Depending on the situation, you could end up hurting someone— including yourself—in irreparable ways. There’s a reason law enforcement takes these charges so seriously. It’s important that you understand the Harris County DWI laws and penalties before building a case.

One of the most important things you can do for your case is to hire a DWI lawyer to represent you, help you build your case, and provide you with a strong legal defense. Without a strong defense, you may suffer severe penalties. It’s not uncommon for some judges to try to make an example out of you by sentencing you to the maximum penalty possible. You will want a Harris County DWI attorney who understands DWI charges and has experience with DWI cases.

Why Hire a DWI Lawyer?

Choosing to hire a DWI lawyer may just be the most important decision you make for your case. Above all, you will want someone with considerable experience who has empathy for your situation and knows how to help you. At Greco Neyland, PC, we can provide you with that kind of legal relief. Our founding partners, Jeff Greco and Dustan Neyland, have experience working with prosecutors. This means they understand how both sides of the system work for you.

According to recent statistical information collected by the Texas Department of Transportation Traffic Safety Division, DWIs have caused a considerable amount of damage to Texas drivers over the years. Between 2014 and 2023, over 37% of traffic fatalities involved a driver who was under the influence of drugs or alcohol. That adds up to around 14,000 deaths as a direct result of intoxicated drivers. These statistics are why Texas law enforcement takes DWIs so seriously.

If you have been arrested for driving while intoxicated, it’s understandable to feel apprehensive and fearful of your immediate future. You may feel like you’ve lost control of the situation. It’s okay to ask for help when you’re overwhelmed. You may want to consider reaching out to a local support program like Alcoholics Anonymous or re: MIND. Talking to the right people can make things much better for you, especially if they have been through similar situations themselves.

Harris County DWI Laws and Penalties

The DWI laws and penalties throughout Harris County are virtually the same as the rest of the state of Texas. According to Texas state law, if you are pulled over on suspicion of drunk driving and found to have a blood alcohol content (BAC) of 0.08% or higher, you will be considered too drunk to drive and you’ll be arrested. This counts regardless of the vehicle you are operating, including motorcycles, boats, and even planes.

If you are a first offender who is charged with a DWI, the penalties you face could be considerably lighter if there are no aggravated factors in your case. For a first offense, you could be facing up to $2,000 in fines, a mandatory jail sentence of at least three days, and a loss of your driver’s license for an entire year.

Upon a second offense, the fine increases to $4,000. Additionally, the potential jail sentence increases to a month, and you could lose your license for two years. On a third offense, you start facing life-changing penalties. The fine increases to $10,000, you still lose your license for two years, and you face two to 10 years in prison. If you’re driving intoxicated with a minor child in the car, you will face those same penalties as well as a charge of child endangerment.

FAQs

What Are the Penalties for a First Time DWI Offense in Texas?

The penalties for a first-time DWI offense in Texas may be considered light when compared to the penalties for further offenses. First-time offenders face a potential fine of up to $2,000, a mandatory minimum jail sentence of three days, and a suspension of their driver’s license for at least a year. If your actions caused someone’s death or serious injury, it’s likely you’ll face much higher penalties.

What Is the New Law on DWI in Texas?

The most recent DWI-related law in Texas is Senate Bill 2320, which goes into effect on September 1, 2025. This bill increases a DWI charge to a Class A misdemeanor. This also means that if you are pulled over and found to have a blood alcohol content of 0.15% or higher, you will be facing felony charges. Any repeat offenses of DWI will also result in felony charges.

Can a First Offense DWI Be Dismissed in Texas?

Yes, it is possible for a first offense DWI to be dismissed in Texas. However, it is not guaranteed, and shouldn’t be your only strategy. There are many reasons why a DWI could be dismissed by the prosecution. The evidence against you may have been gathered illegally. Your constitutional rights may have been violated during the arrest. Your lawyer will go through every detail of the arrest to find out if there’s any way to fight for a dismissal.

What Is the Most Common Sentence for a First Offense DWI in Texas?

There is no common sentence for a first offense DWI in Texas. Since every DWI case is different, the circumstances around every first offense are also different. Some cases involve injuries or even fatalities, while others don’t. Some judges may choose to be lenient in sentencing, while others won’t. The most common sentences involve some combination of a $2,000 fine, jail time, and a license suspension. Some may get probation in lieu of jail time.

Contact Us Today

Our legal team at Greco Neyland, PC, can assist with figuring out your next steps in your DWI case. We can help you better understand the penalties you may be facing and provide relief in the form of a solid defense strategy. Contact us to speak to a valued team member about how we can help.