DWI/DUI Defense
Facing a DWI or DUI charge? The penalties are severe — jail time, fines, license suspension, and a permanent criminal record. A skilled defense attorney can protect your rights, challenge the evidence, and fight for the best possible outcome.
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A DWI (Driving While Intoxicated) in Texas or a DUI (Driving Under the Influence) in Arizona are among the most common criminal charges in the United States — and among the most misunderstood. Many people assume a DWI or DUI is a minor traffic offense. It is not. Both are criminal charges that carry mandatory jail time, thousands of dollars in fines, license suspension, and a permanent criminal record that follows you for life.
Texas and Arizona have different laws, different penalties, and different court systems. Understanding the specific law in your state is critical to building an effective defense. This page explains both states’ DWI/DUI laws side by side, compares penalties, and explains what you should do if you’ve been charged.
Key difference: Texas uses the term DWI (Driving While Intoxicated). Arizona uses DUI (Driving Under the Influence). Both states criminalize driving while impaired by alcohol or drugs — but the penalties, court processes, and defense strategies differ significantly.
Texas defines DWI as operating a motor vehicle in a public place while intoxicated. “Intoxicated” means either (A) not having the normal use of mental or physical faculties by reason of alcohol or drugs, OR (B) having a BAC of 0.08 or more.
Texas Penal Code § 49.04(b)
Class A Misdemeanor — Texas Penal Code § 49.04(d)
Texas Penal Code § 49.09
Texas Penal Code § 49.09
Note: DWI with a child passenger (under 15) is a state jail felony even on first offense.
If you are arrested for DWI and had an open container of alcohol within your reach, the minimum jail sentence increases from 72 hours to 6 days under Texas Penal Code § 49.04(c). This applies even if the container was not yours.
Key takeaway: Texas DWI penalties escalate sharply with each prior offense and with high BAC readings. A first offense is a Class B misdemeanor, but a third offense becomes a felony carrying 2–10 years in prison. The $3,000 state fine for first offenses and $6,000 fine for BAC 0.15+ are mandatory surcharges on top of court-imposed fines, making the financial impact significant even for a first-time offender.
Arizona defines DUI as driving while “impaired to the slightest degree” — a stricter standard than most states. Arizona also criminalizes driving with any drug metabolite in your body, regardless of impairment.
A.R.S. § 28-1381 — Class 1 Misdemeanor
A.R.S. § 28-1382(A)(1) — Class 1 Misdemeanor
A.R.S. § 28-1382(A)(2) — Class 1 Misdemeanor
A.R.S. § 28-1383 — Class 4 Felony
Aggravated DUI: 3rd offense within 84 months, DUI with child under 15, or driving on suspended license.
Unlike most states, Arizona criminalizes driving while “impaired to the slightest degree” under A.R.S. § 28-1381(A)(1). This means you can be convicted of DUI even with a BAC below 0.08% — if the prosecution proves your ability to drive was impaired at all. Arizona also has a “per se” drug DUI law: any metabolite of a controlled substance in your body while driving is a crime, regardless of whether you were actually impaired.
Key takeaway: Arizona DUI penalties are among the most severe in the nation. Even a first-offense standard DUI carries a mandatory minimum of 10 days in jail, and extreme DUI (0.15%+) requires 30 days. Arizona also has no expungement option — only a “set aside” under A.R.S. § 13-907. The “impaired to the slightest degree” standard means a BAC below 0.08% is not a defense if any impairment is proven.
Side-by-side comparison of penalties for first, second, and third offenses in both states. Sources: Texas Penal Code § 49.04-49.09; Arizona Revised Statutes §§ 28-1381 through 28-1383.
| Offense | Texas (DWI) | Arizona (DUI) |
|---|---|---|
| 1st Offense (Standard) | Class B Misdemeanor: 72 hrs – 180 days jail, up to $2,000 fine, license suspension 90 days – 1 year | Class 1 Misdemeanor: 10 days jail (9 suspended), $1,250+ fines, IID 12 months, license suspension 90 days |
| 1st Offense (High BAC) | Class A Misdemeanor (BAC 0.15+): up to 1 year jail, up to $4,000 fine, mandatory IID | Extreme DUI (0.15+): 30 days (21 suspended), $2,250+ fines, IID 12 months. Super Extreme (0.20+): 45 days (31 suspended), IID 18 months |
| 2nd Offense | Class A Misdemeanor: 30 days – 1 year jail, up to $4,000 fine, license suspension up to 2 years, mandatory IID | Class 1 Misdemeanor (within 84 months): 30-90 days jail, $500+ fines, license suspension up to 1 year, IID 12 months |
| 3rd+ Offense | Third-Degree Felony: 2 – 10 years prison, up to $10,000 fine, license suspension up to 2 years | Aggravated DUI (Class 4 Felony): Minimum 4 months prison, $750+ fines, license revocation 1 year |
| DWI/DUI with Child | State Jail Felony: 180 days – 2 years, up to $10,000 fine | Aggravated DUI (Class 4 Felony): Minimum 4 months prison |
| Expungement | Available for some first-time offenders (Class B misdemeanor) | Not available. “Set aside” only (A.R.S. § 13-907) |
Sources: Texas Penal Code §§ 49.04, 49.09 (2025); Arizona Revised Statutes §§ 28-1381, 28-1382, 28-1383 (2026). Actual penalties vary based on BAC, prior record, and aggravating/mitigating factors.
Key takeaway: Arizona imposes harsher mandatory minimum jail time for first-time offenses (10 days vs. 72 hours in Texas), while Texas imposes higher maximum fines and longer potential prison sentences for repeat offenses. Texas offers expunction for first-time offenders; Arizona does not. Both states require IID installation, but Arizona mandates IID for all DUI convictions — no exceptions.
The first 48 hours after an arrest are critical. Here is what you should do — in both Texas and Arizona.
Do not give a statement to police. Do not try to “explain” what happened. Politely decline to answer questions and request an attorney. In Texas, anything you say can be used against you. In Arizona, police are trained to obtain statements during DUI stops.
Time matters. In Texas, you have 15 days to request an ALR (Administrative License Revocation) hearing to challenge your license suspension. In Arizona, you have 15 days to request an MVD hearing. Missing these deadlines means automatic suspension regardless of your criminal case outcome.
A DWI/DUI arrest triggers two separate proceedings: (1) the criminal case in court, and (2) the administrative license suspension through DMV/MVD. They operate on different timelines and require different responses. An attorney handles both.
Save dashcam footage, body camera requests, witness names, and any documentation of the traffic stop. The defense investigation should start immediately — before the prosecution’s evidence is finalized.
Key takeaway: The first 48 hours after a DWI/DUI arrest are critical. You have only 15 days in both Texas and Arizona to request an administrative hearing to challenge your license suspension. Missing this deadline results in automatic suspension regardless of your criminal case outcome. Contact an attorney immediately — do not wait until your court date.
An experienced attorney can identify weaknesses in the prosecution’s case that may lead to reduced charges or dismissal.
Police must have reasonable suspicion of a crime to stop your vehicle. If the stop was made without probable cause — for example, a “checkpoint” that didn’t follow legal procedures — evidence obtained during the stop may be suppressed.
Field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are not foolproof. Medical conditions, fatigue, uneven road surfaces, improper administration, and nervousness can all produce false positives.
Breathalyzers must be calibrated and maintained. Mouth alcohol, medical conditions (GERD, diabetes), and improper administration can produce inaccurate readings. In Arizona, the 15-minute observation period before testing is mandatory — if not followed, results may be challenged.
Blood samples can be contaminated, improperly stored, or drawn without a valid warrant. In Arizona, police can obtain a search warrant for blood if you refuse a breath test — but the warrant process itself may have procedural errors.
The prosecution must prove that the blood or breath sample was properly handled from collection to analysis. Any gap in the chain of custody can be grounds for suppressing the evidence.
Alcohol takes 30-90 minutes to fully absorb into your bloodstream. If you were tested after the absorption period, your BAC at the time of driving may have been below the legal limit — even if the test result was above it.
Key takeaway: The most effective DWI/DUI defenses attack the evidence — not just the law. Illegal traffic stops, improper test administration, calibration failures, and chain of custody gaps are all common grounds for suppression or dismissal. An experienced attorney evaluates every step of the arrest process to identify weaknesses the prosecution may overlook.
Click your city for local DWI defense information, court procedures, and penalties specific to your jurisdiction.
Harris County — one of the highest DWI arrest volumes in the nation. Covers Houston city court and Harris County criminal court procedures. Includes bond, pretrial diversion, and DWI court information.
Dallas County — covers Dallas city court and Dallas County criminal court procedures. Includes Frank Crowley Courts Building information, pretrial diversion, and DWI court programs.
Fort Bend County — covers Sugar Land municipal court and Fort Bend County criminal court procedures. Includes bond information, pretrial diversion, and DWI court programs.
Key takeaway: DWI cases are handled at the county level in Texas, and each county has different procedures, courts, and local practices. Houston (Harris County), Dallas (Dallas County), and Sugar Land (Fort Bend County) each have their own bond schedules, pretrial diversion programs, and DWI court options. Choosing an attorney familiar with your specific county’s court system can significantly impact the outcome of your case.
Click your city for local DUI defense information, court procedures, and penalties specific to your jurisdiction.
Maricopa County — the largest DUI court jurisdiction in Arizona. Covers South Court Tower, Central Court Building, and Maricopa County Attorney procedures. Includes drug court and alcohol court programs.
Covers all Arizona counties — from Maricopa to Pima, Pinal, Yavapai, and beyond. Includes Arizona court system overview, DUI penalty comparison, and state-wide defense strategies.
Key takeaway: Maricopa County (Phoenix) is the largest DUI court jurisdiction in Arizona and has its own specific procedures and programs. Arizona DUI cases are prosecuted by the County Attorney’s office, not city prosecutors. Choosing an attorney who regularly appears in Maricopa County courts — or the specific county where you were arrested — gives you a meaningful advantage in negotiations and trial.
Common questions about DWI/DUI in Texas and Arizona.
Time matters. Contact us now for a free, confidential consultation with a Board Certified criminal defense attorney.
This is attorney advertising. The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading or using the information on this website. Results depend on the specific facts of each case. Past results do not guarantee future outcomes. Orange Law is a licensed law firm in the States of Texas and Arizona.
