Driving While Intoxicated (DWI) in Texas means having a blood alcohol reading of .08 or above.  The charge occurs for drivers over 21 years of age driving a passenger vehicle. If you drive a commercial vehicle, then DWI BAR drops to .04 or greater. The Texas Penal Code contains these numbers.

Drivers under 21 years of age may be charged with Driving Under the Influence (DUI), covered under the Texas Traffic Code.  If your breath even smells of alcohol, then you may be charged.  The penalties for DUI consist of $500 fines, community service, mandatory classes, and license suspension up to 60 days.

Either way, Texas takes drinking and driving very seriously.  An open container in the vehicle results in charges.  However, the following article pertains to DWI and its penalties and results.

Caught DWI

If you refuse a Breathalyzer, then you make your situation worse.  The police impound your car and, at minimum, you spend the night in jail.  To ensure proper treatment, be polite, admit to nothing, and call legal representation.  For the best legal help, call the Law Office of Mark Barber.


Facing a first offense offers the chance of a fine, 180-day license suspension, or possible jail time.  However, your second offense carries much heavier fines. You face the possibility of one year in prison, license suspension, up to $4,000 fines, and other sanctions.  Your third offense slams you with $10,000 fines, two to ten years imprisonment, and many other restrictions.

Worse penalties occur with children under the age of 15 in the vehicle.  Felony charges and jail time await you if another person is seriously injured or killed.

Take Action

DWI causes a need for proper legal representation. Mark Barber, Attorney at Law, secures the best results for you.  If you maintain your innocence, then he works to get you off.  If you’re guilty, then he works to minimize the impact.  He informs you about the range of penalties and works for minimal impact on your family.

If you need immediate representation, then contact the Law Office of Mark Barber.

Call his office at (940) 761 3009 or fill out the Contact Form.