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Driving While Intoxicated

Texas Penal Code Sec. 49.04: Driving While Intoxicated

The Texas Penal Code Sec. 49.04 States that a person commits the offense of Driving While Intoxicated if the person is

1. intoxicated

2. while operating

3. a motor vehicle

4. in a public place.


When you get arrested for Drinking While Intoxicated, it is important that you hire a strong defense team immediately! Call A. Vega Rubio Law today for a free consultation at 512 -872-3131

You Were Arrested for Drinking While Intoxicated.... Now What?

The FIRST STEP when charged with DWI is to request an ALR (ADMINISTRATIVE LICENSE REVOCATION) HEARING. In an ALR hearing you can contest the suspension or disqualification of your driver license. During this hearing an Administrative Law Judge will listen to all parties' evidence and will determine whether your license should be suspended or not. You only have 15 days from the day of arrest to request this hearing, thus it is crucial that you hire an attorney as soon as possible!

What are the Penalties for a DWI 1st?

If you get arrested for Drinking while intoxicated you could be charged with a Class B or a Class A DWI, depending on the BAC (Blood Alcohol Concentration).

The penalties for a Class B DWI 1st with a BAC below 0.15 may include:

  • minimum term of confinement of 72 hours

  • Driver License suspension of 90 days - 1 year

  • Fines up to $2,000 (or more under certain circumstances, e.g. if someone was injured or a minor was present)

  • Community supervision (also knowns as adult probation)

  • Reporting to a probation officer

  • Probation fees

  • Mandatory alcohol or drug courses

  • Criminal Record (conviction)

  • Community service - up to 200 hours

  • If, at the time of the offense, the person operating the motor vehicle had an OPEN CONTAINER OF ALCOHOL in the person's immediate possession, the minimum term of confinement increases to 6 days. 

The penalties for a Class A DWI 1st - BAC of 0.15 or more- may include:

  • Up to 1 year in jail

  • Ignition Interlock Device (installed for up to one year)

  • License Suspension: Up to one year

  • Fines ranging from $2,000 to $4,000

You are being Charged with Driving While Intoxicated 2nd

A DWI 2nd is a Misdemeanor, however, it is charged as a Class A, the most serious type of misdemeanors. Thus, it is very important that you have a strong defense team behind you to guide you through the justice system and to help you get an aggressive and fruitful defense. Contact us at 512-872-3131 TODAY so that we can discuss your case with you during a FREE CONSULTATION.

What are the Penalties for a DWI 2nd?

  • Driver License Suspension: between 180 days and 2 years

  • Fines up to $4,000 + court costs and other fees

  • Requirement to file an SR-22 proof of liability insurance for at least two years

  • Community Supervision (adult Probation)

  • Monthly reporting to a Probation Officer

  • Installation of an Interlock device 

  • Jail time between 30 days and 1 year

  • Community Service up to 200 hours

  • Mandatory Courses (alcohol or drug program)

  • Criminal Record (Conviction)

What should I do?

If you or a loved one was arrested for Driving While Intoxicated call A. Vega Rubio Law immediately so we can request an ALR hearing, begin reviewing the evidence and discuss how to best defend you or your loved one against the charge. As a former Prosecutor, lead Attorney Andromeda Vega Rubio knows what the prosecutors will be looking for and how to fight efficiently. Call us TODAY for a FREE consultation at 512-872-3131 or Contact us HERE

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