Driving While Intoxicated has serious consequences. It is a class B misdemeanor offense, which carries up to 180 days in jail or a probationary sentence of up to 2 years, and a fine of up to $2,000. A person arrested for DWI also faces an automatic driver’s license suspension 40 days after his arrest if he fails to request an administrative license revocation hearing within 15 days of the arrest.  He later faces the possibility of another license suspension of up to one year. The person may also be sentenced up to 30 days in jail as a condition of probation in addition to community service, fine and court costs. A conviction cannot be expunged or sealed, but remains as a permanent record. The person will also be required by DPS to pay a annual surcharge of $1,000 per year for three years. For persons who commit this offense more than once, the consequences get increasingly severe.

A person commits this offense only if the person is in fact intoxicated while operating a motor vehicle in a public place. The offense becomes a state jail felony if the person has a passenger younger than 15 years of age. "Intoxicated" means "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body." A person is also considered "intoxicated" if he has an alcohol concentration of 0.08 or more. Most DWI cases involve the question whether the person was actually intoxicated. You should hire a lawyer who is board certified in criminal law by the Texas Board of Legal Specialization.