DUI Information

Texas DWI


Texas DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) is considered a misdemeanor or a felony by the Texas courts as per the Texas DWI law. However this treatment is based upon circumstances and the previous record of the Texas DWI conviction.


Intoxication can be defined in two ways according to Texas legislature:

  1. Abnormality of mental or physical faculties (Driving an automobile) caused by the consumption of alcohol or drug or any other substance.
  2. Possessing an alcohol concentration of 0.08 or more. The law allows for intoxication by any intoxicating substance. However, the case may get prosecuted if it impairs the driver’s abilities (i.e. mental and physical faculties under normal conditions causing a Texas DWI).

Driving while intoxicated (DWI) is treated as a Class B misdemeanor if it is a first offense. As per the Texas Penal Code section "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."