At Griffin & Cain, Attorneys at Law, our Conroe DWI defense attorneys stay current on every change to Texas DWI law. This guide breaks down the 2025 updates and explains how they might affect your case.
Major DWI Law Changes Effective in 2025
The 89th Texas Legislature passed several bills that significantly impact how DWI cases are charged and punished. Here are the most important changes:
Enhanced Intoxication Manslaughter Penalties
Perhaps the most significant change involves intoxication manslaughter—cases where a drunk driver causes someone’s death. Under the new law:
- Multiple victims now trigger first-degree felony charges: Previously, intoxication manslaughter was a second-degree felony carrying 2-20 years in prison. Now, when multiple people are killed, the offense can be prosecuted as a first-degree felony with penalties of 5-99 years or life in prison.
- Aggravating circumstances increase penalties: Cases involving emergency responders, highway workers, or crashes in school zones may face additional penalty enhancements.
- Mandatory minimum sentences expanded: Judges have less discretion to impose lighter sentences in the most serious cases.
This change reflects a national trend toward treating fatal DWI crashes more like intentional homicides when the driver’s conduct is particularly egregious.
Intoxication Assault Enhancements
Intoxication assault—causing serious bodily injury while driving intoxicated—also faces enhanced penalties under certain circumstances. When victims suffer permanent disability or disfigurement, prosecutors can seek longer sentences, and parole eligibility may be delayed.
Proposed Upgrade of Standard DWI to Class A Misdemeanor
While not yet passed into law, there is pending legislation that would upgrade a first-offense DWI from a Class B misdemeanor to a Class A misdemeanor. This would mean:
- Maximum jail time increases from 180 days to 1 year
- Maximum fines increase from $2,000 to $4,000
- Longer driver’s license suspension periods
- More stringent probation requirements
While this change hasn’t taken effect yet, it signals the direction Texas is moving and the importance of taking even first-time DWI charges seriously.
Current Texas DWI Penalties: A Complete Breakdown
Understanding the full range of DWI penalties in Texas helps you appreciate what’s at stake:
First DWI Offense (Class B Misdemeanor)
- Jail time: 3-180 days
- Fine: Up to $2,000
- License suspension: 90 days to 1 year
- Annual surcharge: $1,000-$2,000 for three years to keep your license
- Possible ignition interlock device requirement
Second DWI Offense (Class A Misdemeanor)
- Jail time: 30 days to 1 year
- Fine: Up to $4,000
- License suspension: 180 days to 2 years
- Mandatory ignition interlock device
Third DWI Offense (Third-Degree Felony)
- Prison time: 2-10 years in state prison
- Fine: Up to $10,000
- License suspension: Up to 2 years
- Felony record with all associated consequences
DWI with Child Passenger (State Jail Felony)
If you’re arrested for DWI with a passenger under 15 years old, it’s automatically a state jail felony:
- Jail time: 180 days to 2 years in state jail
- Fine: Up to $10,000
- Potential child endangerment charges
- CPS involvement possible
Blood and Breath Tests: Know Your Rights
One area where many DWI defendants have questions involves breath and blood testing. Here’s what you need to know:
Implied Consent Law
Texas has an “implied consent” law, meaning that by driving on Texas roads, you’ve implicitly agreed to submit to chemical testing if lawfully arrested for DWI. However, this doesn’t mean you have no rights.
Can You Refuse a Breath Test?
You can refuse a breathalyzer test, but there are consequences:
- Administrative license suspension: 180 days for first refusal, 2 years for subsequent refusals
- Evidence of refusal may be used against you: Prosecutors can argue to juries that you refused because you knew you were intoxicated
Blood Warrants and Forced Draws
Increasingly, Montgomery County law enforcement obtains warrants to draw blood when suspects refuse breath tests. These “no refusal” initiatives, particularly common during holidays and special events, mean officers can get a warrant from an on-call judge within minutes, then take you to a hospital for a mandatory blood draw.
Challenging Test Results
Even if you submitted to testing, the results aren’t always accurate or admissible. Our attorneys challenge test results based on:
- Improper calibration of Intoxilyzer 9000 breath testing devices
- Improper blood draw procedures
- Chain of custody issues with blood samples
- Medical conditions that affect test accuracy
- Rising blood alcohol defense
The DWI Legal Process in Montgomery County
Understanding what happens after a DWI arrest helps you prepare for what’s ahead:
ALR Hearing (Administrative License Revocation)
Within 15 days of your arrest, you must request an ALR hearing to contest your license suspension. Miss this deadline, and your license will be automatically suspended. This hearing is separate from your criminal case and provides an opportunity to:
- Challenge whether the officer had reasonable suspicion for the stop
- Examine the officer under oath
- Discover evidence that may help your criminal defense
- Potentially keep your license during the case
Arraignment and Pretrial
In Montgomery County, DWI cases proceed through the County Courts at Law for misdemeanors or District Courts for felonies. You’ll appear for arraignment, enter a plea, and have the opportunity for pretrial negotiations.
Deferred Adjudication Option
First-time DWI offenders may be eligible for deferred adjudication, which allows you to complete probation and potentially avoid a conviction on your record. However, there are important limitations:
- Deferred is not available for those with BAC of 0.15 or higher
- You must complete all probation requirements
- The arrest record remains even after successful completion
- A subsequent DWI will count your deferred case as a prior conviction
DWI with Prescription Medications
Many people don’t realize that driving while impaired by prescription medications can result in DWI charges just like alcohol. This includes:
- Pain medications (opioids)
- Anti-anxiety medications (benzodiazepines)
- Sleep medications
- Muscle relaxants
- Some antihistamines
Even if you have a valid prescription and are taking the medication as directed, you can still be charged with DWI if the medication impairs your ability to drive safely.
Defenses to DWI Charges in Texas
Every DWI case is different, and an experienced defense attorney will examine every aspect of your case for potential defenses, including:
Challenging the Traffic Stop
Police must have reasonable suspicion to stop your vehicle. If the stop was unlawful, all evidence obtained afterward may be suppressed.
Field Sobriety Test Challenges
Standardized field sobriety tests are subjective and can be affected by many factors unrelated to intoxication, including medical conditions, nervousness, weather, footwear, and uneven road surfaces.
Breath Test Challenges
Breathalyzers can produce inaccurate results due to improper calibration, operator error, medical conditions like GERD or diabetes, or the presence of mouth alcohol from recent use of mouthwash or medications.
Blood Test Challenges
Blood samples must be properly drawn, stored, and analyzed. Issues with any step of this process can render results unreliable.
Rising Blood Alcohol Defense
Your BAC may have been below the legal limit while driving but rose above it by the time you were tested. This is a valid defense if the timing of your drinking and driving supports it.
Consequences Beyond Criminal Penalties
A DWI conviction affects more than just your criminal record:
- Employment: Many employers conduct background checks; a DWI can affect job prospects
- Professional licenses: Doctors, nurses, lawyers, teachers, and others may face licensing consequences
- Insurance: Auto insurance rates skyrocket after a DWI conviction
- Commercial drivers: CDL holders face additional penalties and disqualification
- Immigration: Non-citizens may face immigration consequences
- Child custody: A DWI can affect custody decisions in family court
Frequently Asked Questions About Texas DWI Laws
What is the legal limit in Texas?
The legal limit is 0.08% BAC for adults 21 and over. For commercial drivers, it’s 0.04%. For those under 21, any detectable amount of alcohol is illegal.
Can I get a DWI expunged?
A DWI conviction cannot be expunged in Texas. However, if your case was dismissed or you were acquitted, you may be eligible for expunction.
Do I need a lawyer for a first DWI?
Absolutely. Even a first DWI carries serious consequences and requires an experienced attorney to identify defenses and protect your rights.
What if I was barely over the limit?
Being barely over 0.08% may actually help your case. Breath tests have margins of error, and this could be the basis for challenging the results.
Contact a Montgomery County DWI Defense Attorney
The 2025 changes to Texas DWI law make experienced legal representation more important than ever. If you’re facing DWI charges in Conroe, The Woodlands, Huntsville, or anywhere in Montgomery or Walker County, you need an attorney who understands these new laws and knows how to fight for the best possible outcome.
At Griffin & Cain, Attorneys at Law, our DWI defense team has the experience and knowledge to protect your rights. We understand what’s at stake—your freedom, your license, your job, and your future.
Contact us today for a free consultation. Time is critical in DWI cases, especially for requesting your ALR hearing within the 15-day deadline.
