An arrest for driving while intoxicated or a drug offense in Texas starts two clocks at once. One governs the criminal case in court. The other, often overlooked, governs the driver’s license or the collateral consequences that follow a drug conviction. People arrested in San Antonio and across Bexar County frequently focus on the court date and miss the shorter deadlines that can affect their ability to drive, work or keep a professional license. This article explains how Texas handles DWI and drug cases, what penalties the law sets, and which decisions tend to shape the outcome.
The Structure of a Texas DWI Case
Texas law makes it a crime to operate a motor vehicle in a public place while intoxicated, which means either lacking the normal use of mental or physical faculties because of alcohol or drugs, or having a blood or breath alcohol concentration of 0.08 or more. A first offense is generally a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $2,000, with a minimum of 72 hours in jail. A concentration of 0.15 or higher raises a first offense to a Class A misdemeanor, and an open container in the vehicle raises the minimum jail time.
Penalties climb with prior convictions. A second DWI is generally a Class A misdemeanor, and a third is a third-degree felony. A DWI with a passenger younger than 15 is a state jail felony, and intoxication assault and intoxication manslaughter carry felony ranges of their own. Local practices such as Fowlks Law Firm handle these charges in San Antonio courts, and the statute applies the same way across the state.
The License Deadline Most People Miss
Every DWI arrest in Texas can trigger an administrative license revocation, or ALR, proceeding that is separate from the criminal case. A driver who refuses a breath or blood test, or who tests at or above 0.08, generally faces an automatic suspension unless he or she requests a hearing. The request must usually be made within 15 days after receiving notice of the suspension. Missing that deadline typically means the suspension takes effect without any hearing at all.
The ALR hearing also serves another purpose. It can provide an early opportunity to question the arresting officer under oath, and that testimony can become useful in the criminal case. Drivers who need to keep working during a suspension may be able to seek an occupational driver’s license, which allows limited driving for work, school and necessary household duties.
A refusal no longer guarantees that no chemical evidence exists. Prosecutors in many Texas counties can obtain a search warrant for a blood draw within hours of an arrest, sometimes through judges on call for that purpose, so a driver who declines a breath test may still face blood evidence along with the license consequences of the refusal itself.
Evidence in DWI Cases
DWI prosecutions usually rest on a combination of driving behavior, officer observations, standardized field sobriety tests and chemical testing. Each element has potential weaknesses. Field sobriety tests are designed to be administered under specific conditions, and uneven surfaces, poor lighting, footwear, medical conditions and nervousness can affect performance. Breath testing instruments must be properly maintained and operated by certified personnel, and blood tests depend on proper collection, storage and laboratory analysis.
Video has become central to many cases. Dashboard and body camera recordings can confirm or contradict the written report, showing how the stop began, how tests were explained and how the driver actually performed. More on how these issues arise in San Antonio cases is available at fowlkslawfirm.com/san-antonio-dui-dwi-defense-attorney, and the same principles guide DWI defense throughout Texas. A traffic stop that lacked reasonable suspicion, or an arrest that lacked probable cause, can lead to suppression of the evidence that followed.
Ignition Interlock and Other Conditions
Courts frequently impose conditions on bond or probation in DWI cases. An ignition interlock device may be required as a bond condition in certain cases, particularly for repeat offenses or high blood alcohol levels, and it is often part of probation terms. Other common conditions include alcohol education programs, victim impact panels, community service and periodic testing. Violating those conditions can lead to revocation of bond or probation.
How Texas Classifies Drug Offenses
Drug cases in Texas are governed largely by the Texas Controlled Substances Act, which sorts substances into penalty groups. Penalty Group 1 includes substances such as cocaine, methamphetamine, heroin and fentanyl, and Penalty Group 1-A covers LSD. Other groups cover a range of prescription drugs and other substances, and marijuana is treated under a separate schedule of penalties. The severity of a charge depends on the substance, the amount and the conduct alleged.
Possession of less than one gram of a Penalty Group 1 substance is generally a state jail felony, and larger amounts move into second- and first-degree felony ranges. Possession of two ounces or less of marijuana is generally a Class B misdemeanor. Charges alleging manufacture or delivery carry higher penalties than simple possession, and offenses in a drug-free zone, such as near a school, can carry enhanced punishment. Fentanyl-related offenses also face tougher penalties under laws passed in recent years.
Search and Seizure Issues
Many drug cases turn on how the evidence was found. Traffic stops, consent searches, warrants and searches of homes or phones all raise constitutional questions under the Fourth Amendment and the Texas Constitution. A search that exceeded the scope of consent, a warrant based on stale or unreliable information, or a stop extended longer than necessary can lead to suppression of the evidence. Laboratory testing also matters, since the state must prove the identity and weight of the substance, and hemp laws have complicated testing for marijuana cases in recent years.
People facing charges often look for a drug crime lawyer san antonio courts see regularly, in part because local diversion and specialty court programs can affect how a case resolves. Bexar County operates programs designed for certain first-time or low-level offenders, and eligibility often depends on criminal history and the nature of the charge.
Consequences Beyond Jail and Fines
A DWI or drug conviction can affect far more than the sentence. Commercial drivers face strict disqualification rules, and professional license holders, such as nurses, teachers and pilots, may have reporting obligations. Noncitizens can face serious immigration consequences from drug convictions in particular. Drug convictions can also affect eligibility for certain housing programs.
Record relief is limited. Texas generally does not allow expunction of a DWI conviction, although an order of nondisclosure may be available for some first-time DWI offenses that meet specific conditions. Those rules make the way a case resolves at the beginning especially important for the years that follow.
The first two weeks after an arrest often matter as much as the months that follow. Requesting the license hearing, preserving video and gathering documents about work and family obligations can shape both the criminal case and the practical consequences that come with it.