I am William Patrick Delgado, a criminal defense attorney in Corpus Christi. I defend people charged with DWI in Nueces County, and I spent seven years as a Nueces County Assistant District Attorney before I moved to the defense side of the courtroom. On this page I explain, in plain terms, what a Texas DWI charge means, what penalties are on the table, and what happens to your driver's license.
What Texas law says a DWI is
Under Texas Penal Code §49.04, a person commits Driving While Intoxicated if the person is intoxicated while operating a motor vehicle in a public place. "Intoxicated" means not having the normal use of your mental or physical faculties because of alcohol, a controlled substance, a drug, or a combination — or having an alcohol concentration of 0.08 or more.
Notice what that definition means: the State does not have to prove a breath or blood number over 0.08. A DWI case can be built on an officer's observations alone — driving behavior, speech, balance, performance on field sobriety exercises. That is one reason these cases can be defended: observations can be questioned, and so can the way a test was administered and how a sample was handled.
DWI penalties under Texas Penal Code §49.04
The punishment range depends mainly on whether you have prior DWI convictions:
- First offense — Class B misdemeanor. 72 hours to 180 days in jail and a fine of up to $2,000. If you had an open container of alcohol in your immediate possession when stopped, the minimum jail time rises to 6 days.
- First offense with a test result of 0.15 or higher — Class A misdemeanor. Up to 1 year in jail and a fine of up to $4,000.
- Second offense — Class A misdemeanor. A minimum of 30 days in jail, up to 1 year, and a fine of up to $4,000.
- Third offense or more — third-degree felony. 2 to 10 years in prison and a fine of up to $10,000.
- DWI with a child passenger under 15 — state jail felony under Penal Code §49.045. 180 days to 2 years in a state jail facility and a fine of up to $10,000.
On top of the ranges above, a conviction brings court costs and additional state fines, and the court can impose conditions such as community service, alcohol education, and an ignition interlock device on your vehicle. For a second offense or a high test result, expect an interlock to be required as a condition of bond in many cases. Probation (community supervision) is possible in many DWI cases, but it is never a sure thing, and a prior record changes the picture.
A DWI conviction also stays on your record permanently in Texas. It cannot be removed the way some other charges can, and any later DWI arrest is charged using the prior conviction to raise the penalty. That is why the first case matters so much.
Your driver's license: the ALR case and the 15-day deadline
A DWI arrest in Texas starts a second case that most people don't learn about until it is too late: the Administrative License Revocation (ALR) process, run by the Texas Department of Public Safety under Transportation Code Chapter 524.
Here is how it works. If you provided a breath or blood sample and the result was 0.08 or higher, or if you refused to provide a sample, the officer will take your license and give you a temporary driving permit and a notice of suspension. You then have 15 days from the date the notice was served to request an ALR hearing under Transportation Code §524.011. If you do not request the hearing in time, the suspension takes effect automatically — on the 40th day after the notice — with no chance to contest it.
At the ALR hearing, DPS must prove its side: that the officer had reasonable suspicion or probable cause for the stop and arrest, that you were offered the chance to give a sample, and that you either refused or tested at 0.08 or above. If DPS cannot prove those things, your license is not suspended. Just as important, the hearing gives your attorney an early look at the evidence in your criminal case and a chance to question the arresting officer under oath.
Typical suspension lengths if the suspension takes effect:
- Failed test (0.08 or higher), first offense: 90 days.
- Refused test, first refusal: 180 days under Transportation Code §724.035.
- Prior suspensions in the preceding 10 years can raise these to one or two years.
If your license is suspended, you may be able to petition the court for an occupational driver's license so you can still drive to work, school, and essential household duties. That petition has its own requirements, including SR-22 insurance. I can tell you at your consultation whether you are likely to qualify.
Implied consent: what "refusing the test" really means
By driving on Texas roads, you are deemed to have consented to give a breath or blood sample if you are arrested for DWI — that is the implied consent law, Transportation Code §724.011. You can still refuse, and many people do. But refusal has consequences:
- DPS will seek to suspend your license for 180 days for a first refusal.
- The fact that you refused can be used as evidence against you in the criminal case.
- The officer may apply for a search warrant to draw your blood anyway.
Whether refusing was the right call in your case depends on the facts, and it is one of the first things I go over with a client.
How DWI cases are handled in Nueces County
A misdemeanor DWI is filed in one of Nueces County's County Courts at Law; a felony DWI goes to a District Court. Either way, the case moves through a series of settings — arraignment/announcement, pretrial, and, if the case is not resolved, trial. At each stage, the questions are the same:
- Was the stop lawful? If the officer did not have a lawful reason to stop your vehicle, the evidence that followed can be challenged.
- Was the arrest supported by probable cause? Field sobriety exercises, the officer's observations, and the video all matter here.
- Was the breath or blood test reliable? The machine's maintenance and calibration records, the operator's certification, the 15-minute observation period before a breath test, and the chain of custody of a blood sample are all examined.
- What does the video show? Patrol car and body camera video often tells a different story than the written report.
I have handled these cases from both sides of the courtroom in this county — seven years prosecuting in the Nueces County District Attorney's Office, and since then defending people as a founding partner of my own firms and, since February 2024, in my solo practice. I know how DWI cases are charged, negotiated, and tried here, because I have done the charging and the negotiating myself.
Frequently asked questions
Will I lose my driver's license after a DWI arrest in Texas?
Not automatically — but only if you act in time. You have 15 days from the notice of suspension to request an ALR hearing under Transportation Code §524.011. If you miss that deadline, the suspension (90 days for a first failed test, 180 days for a first refusal) takes effect on the 40th day. If you request the hearing, the suspension is on hold until the hearing is decided.
Is a first DWI a felony in Texas?
No. A first DWI under Penal Code §49.04 is a Class B misdemeanor, punishable by 72 hours to 180 days in jail and a fine of up to $2,000. It becomes more serious if the test result was 0.15 or higher (Class A misdemeanor), if a child under 15 was in the vehicle (state jail felony), or if you have prior DWI convictions (Class A for a second, third-degree felony for a third).
Should I have taken the breath test?
There is no universal answer. Refusing triggers a longer license suspension (180 days) and the refusal itself can be used as evidence, but it also leaves the State without a test number. Giving a sample over 0.08 exposes you to the failed-test suspension and a key piece of prosecution evidence. What's done is done — the defense strategy is built on the facts of your stop and arrest, and I evaluate both paths at the consultation.
Can I still drive to work if my license is suspended?
In many cases, yes. You can petition for an occupational driver's license, which allows limited driving for work, school, and essential household needs during the suspension. It requires SR-22 insurance and a court order, and the judge can set conditions such as an ignition interlock.
Do I have to do the field sobriety tests?
No — those roadside exercises are voluntary, and you may decline them. Declining does not carry the license consequences that refusing a breath or blood test carries after arrest. That said, most people reading this have already been through the stop. What matters now is reviewing exactly what happened, including the video.
How long will my DWI case take in Nueces County?
It varies. The ALR license issue moves on a track of weeks. The criminal case usually takes several months of court settings, and longer if the case is set for trial. I give every client a realistic timeline for their own case at the first meeting and explain what happens at each setting before it happens.
Talk to me about your DWI case
Consultations are free. We can meet by phone, by video, or in person at my Corpus Christi office, and you can book a time that works for you. If you were arrested for DWI, do not wait — the 15-day ALR deadline does not move.
William Patrick Delgado, Attorney at Law — Nueces County criminal defense
Last reviewed: November 13, 2026
This page is general information about Texas law, not legal advice about your specific case. Every case turns on its own facts; talk to an attorney about yours.