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DWI Defense in Galveston, Harris, and Brazoria Counties
A DWI arrest starts two problems at once: a criminal case, and a separate fight to keep your driver's license. They run on different clocks, and the license deadline usually comes first - often within 15 days of the arrest.
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Sims Defense, PLLC defends people charged with misdemeanor and felony DWI in Galveston, Harris, and Brazoria County courts. Your first consultation is free. Call 832-326-0916 as soon as you can, and have your arrest and license paperwork nearby when you do.
What counts as DWI in Texas
Texas law says you commit DWI if you operate a motor vehicle in a public place while intoxicated. "Intoxicated" means either of two things:
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an alcohol concentration of 0.08 or more in your blood, breath, or urine, or
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not having the normal use of your mental or physical faculties because of alcohol, a drug (prescription medication included), or a combination of them.
That second definition is the one people miss. You can be charged with DWI when you test under 0.08, when you refuse to test, or when no alcohol is involved at all.
What a DWI conviction can mean
The charge level depends on the facts of the arrest and your record. These are the ranges Texas law allows:
Situation | Charge level | Jail or prison | Fine |
|---|---|---|---|
First DWI | Class B misdemeanor | 72 hours to 180 days (6-day minimum if you had an open container of alcohol with you) | Up to $2,000 |
Alcohol concentration of 0.15 or more | Class A misdemeanor | Up to 1 year | Up to $4,000 |
Second DWI (one prior conviction) | Class A misdemeanor | 30 days to 1 year | Up to $4,000 |
Third DWI (two or more prior convictions) | Third-degree felony | 2 to 10 years in prison | Up to $10,000 |
DWI with a passenger under 15 | State jail felony | 180 days to 2 years in a state jail | Up to $10,000 |
DWI in a school crossing zone while the reduced speed limit is in effect (offenses on or after Sept. 1, 2025) | State jail felony | 180 days to 2 years in a state jail | Up to $10,000 |
A conviction also means a license suspension, and it can bring an ignition interlock, probation conditions, higher insurance costs, and a permanent record. A crash that seriously injures or kills someone brings separate, more serious felony charges.
Two things to keep in mind. These are the ranges the statutes allow, not a prediction of what will happen in your case, and the maximum is not automatic. And because of the 2025 school-zone law, a first arrest is no longer always a misdemeanor, so don't assume your charge level until an attorney has read your paperwork.
Your driver's license: the deadline that comes first
If you refused a breath or blood test, or you took one and the result was 0.08 or higher, the Texas Department of Public Safety (DPS) will move to suspend your license. This is a separate civil process called Administrative License Revocation, or ALR. It runs apart from the criminal case - a good result in one does not settle the other - and it moves fast.
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You have 15 days from the day you were served the notice of suspension (usually the day of your arrest) to request an ALR hearing. Miss it, and DPS denies the request and the suspension starts automatically on the 40th day after service.
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If blood was drawn and DPS mailed the notice later, after the results came back, you have 20 days from the date the notice was mailed.
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A timely request puts the suspension on hold until the hearing is decided, and it gives your attorney an early look at the State's evidence.
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How long a suspension lasts depends on what happened and your history. For adult drivers, a failed test generally means 90 days, or one year if you had an alcohol- or drug-related enforcement contact in the past 10 years. A refusal generally means 180 days, or two years with a prior contact. Different periods apply to drivers under 21.
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Don't count the days from memory, and don't assume a phone call or a web form has stopped the clock. Bring the actual notice to your attorney right away so the deadline can be confirmed from the document itself.
What to do in the first few days
Keep every piece of paper together: release papers, bond conditions, your court date, the DPS notice of suspension, and any temporary driving permit.
​Note when and how you received each notice - handed to you at the jail, or mailed later. The answer changes your deadline.
Follow your bond conditions exactly. If your paperwork mentions an ignition interlock, alcohol monitoring, or check-ins, those are court orders, not suggestions.
Don't rely on a website, including this one, to tell you whether you can drive. That depends on your orders, your notice, and your license history, which your attorney needs to see.
Don't discuss the arrest with anyone but your lawyer, and keep it off social media.
Call a DWI attorney before the 15-day window closes. When you call us, we'll tell you which deadline needs action first and whether the ALR hearing request is part of our representation.
Getting back on the road: occupational licenses
If your license is suspended, you may qualify for an occupational driver license, sometimes called an essential-need license. It allows limited, non-commercial driving for work, school, and essential household duties. A few things to know:
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It takes a court order. You petition the justice, county, or district court where you live, or the court where your case is pending. If the judge approves, you send the certified order, an SR-22 insurance certificate, and the required fees to DPS.
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The order is not the license itself, but it can be used as one for 45 days from the judge's signature while DPS processes the application. DPS asks for about 21 business days.
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An ignition interlock device may be required, and prior DWI-related suspensions or convictions can add waiting periods.
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It never covers driving a commercial vehicle.​
How Sims Defense, PLLC approaches a DWI case
Arthur Sims has practiced criminal defense in Texas for 15 years and handles DWI cases at every level, from a first-offense misdemeanor to felony DWI. We represent clients from across Galveston County - League City, Texas City, Friendswood, Dickinson, and Galveston Island - as well as Harris and Brazoria counties, and we take select cases in Fort Bend and Montgomery counties.
When you hire us, we start with the deadlines, then the evidence:
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Protecting the ALR deadline while there is still time to request the hearing.
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Getting the offense report, dash-cam and body-cam video, and the breath or blood test records.
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Examining the stop, the field sobriety tests, and how the testing was handled. The State has to prove every element of the charge, and the details matter.
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Explaining your realistic options in plain English before you decide anything.
We won't promise you a result. We will make sure you understand what is happening and what your choices are at every step.
Talk to a DWI attorney today
Call Sims Defense, PLLC at 832-326-0916 for a free first consultation. Our office hours are Monday through Friday, 9:00 a.m. to 5:00 p.m., and weekend appointments are available. After-hours calls and jail emergencies ring through to an attorney; if you reach voicemail, leave a message and we will call you back.
If a deadline is close, call rather than using the website contact form, and please don't put details about your arrest in the form. Save those for a private conversation with your attorney.
This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney-client relationship. Every case is different, and no result can be promised.