In Texas the offense is called DWI — Driving While Intoxicated — under Texas Penal Code §49.04, and it is prosecuted aggressively in Bexar County. "Intoxicated" means either a blood or breath alcohol concentration of 0.08% or more, or the loss of normal use of mental or physical faculties due to alcohol or drugs (so a driver can be convicted below 0.08% on impairment evidence). Cases are handled in the county courts at law (for misdemeanor DWIs) and district courts (for felony DWIs), and enforcement is heavy across San Antonio, particularly around the downtown and River Walk entertainment districts, Loop 410 and Loop 1604, and during "no refusal" enforcement periods on holiday weekends, when officers obtain blood-draw warrants for drivers who decline breath testing. The San Antonio Police Department, the Bexar County Sheriff's Office, and the Texas Department of Public Safety all make DWI arrests.
A DWI arrest triggers two separate proceedings, and the deadlines differ from other states. First, the criminal case proceeds through the courts. Second, the Administrative License Revocation (ALR) process can suspend your driver's license: if you fail a breath or blood test (0.08% or higher) or refuse testing, you have only 15 days from the notice of suspension to request an ALR hearing with the Texas Department of Public Safety — miss that deadline and the suspension takes effect automatically (typically 90 days for a failed test, and 180 days for a refusal on a first offense). This 15-day window is one of the most time-sensitive parts of a Texas DWI, and it runs independently of the criminal case.
Texas DWI penalties escalate with priors and aggravating facts. A first-offense DWI is generally a Class B misdemeanor (up to 180 days in jail and a fine), rising to Class A for a first offense with a BAC of 0.15% or higher. A second DWI is a Class A misdemeanor; a third DWI is a third-degree felony carrying a potential 2-to-10-year prison sentence. DWI with a child passenger under 15 is a felony (child endangerment), and intoxication assault (causing serious injury) and intoxication manslaughter (causing death) are serious felonies. Texas also imposes "superfine" surcharges and requires an ignition interlock device in many cases, including as a condition of bond or an occupational (essential-need) license that lets a suspended driver keep driving for work and necessities.
Texas has an implied-consent law: by driving, you consent to breath or blood testing on a lawful DWI arrest, and refusal carries the longer ALR suspension and can be used as evidence. But refusal doesn't end the case — during "no refusal" initiatives, and increasingly as routine practice, officers get a warrant for a mandatory blood draw. DWI defense in Bexar County frequently focuses on the legality of the traffic stop, the reliability and maintenance of the breath-testing instrument, the procedures and chain of custody for a blood draw, and the administration of field sobriety tests. For active-duty servicemembers stationed at Joint Base San Antonio, a DWI can also carry military-command consequences separate from the civilian case.
Beyond DWI, ordinary traffic tickets in Bexar County are handled in the justice of the peace courts and municipal courts. For many moving violations, Texas allows drivers to take a defensive driving course (once per year) to keep a ticket off their record and avoid a surcharge, or to request deferred disposition (a form of probation on the ticket that results in dismissal if completed) — both of which avoid a conviction that adds points and raises insurance. Unpaid tickets can lead to a warrant and a hold on your registration renewal. The San Antonio Bar LawReferral Service (210-227-1853) and appointed counsel (for those who qualify) are starting points for anyone facing a DWI or serious traffic charge.
Need legal documents for your traffic case?
Hardship license requests, hearing prep forms, and correspondence — state-specific.
Sponsored links. Affiliate disclosure · Compare all options