Contents
What a DWI allegation means
Under Texas Penal Code § 49.04, DWI involves being intoxicated while operating a motor vehicle in a public place. Intoxication can mean an alcohol concentration of 0.08 or more, or the loss of normal mental or physical faculties because of alcohol, a drug, or a combination of substances. A DWI case is not limited to alcohol.
An arrest is an allegation, not a conviction. The reason for the stop, observations, testing, and other evidence can become issues in the case. A bonding agent can explain the bond process, while a defense attorney evaluates the charge and evidence. A family does not need to resolve those legal questions before gathering the booking information.
When DWI is a misdemeanor or a felony
The ordinary DWI offense is a Class B misdemeanor with a 72-hour minimum term of confinement on conviction. That sentencing provision is not an automatic 72-hour booking hold. Different facts or prior convictions can change the classification and minimum punishment.
| Allegation or circumstance | General classification |
|---|---|
| Basic DWI without an applicable enhancement | Class B misdemeanor |
| Alcohol concentration of 0.15 or more under § 49.04(d) | Class A misdemeanor |
| DWI with one qualifying prior conviction | Class A misdemeanor; statutory minimum of 30 days |
| DWI with two qualifying prior convictions | Generally a third-degree felony |
| DWI with a passenger younger than 15 | State jail felony under § 49.045 |
| DWI in a school crossing zone while its reduced speed limit applies | State jail felony under § 49.04(e) |
This is not an exhaustive enhancement chart. The school-crossing-zone provision took effect September 1, 2025. Prior intoxication manslaughter and other circumstances can trigger additional rules.
Source: Texas Penal Code, Chapter 49 — Intoxication offenses
Other details that affect the case
An open container in the driver’s immediate possession can raise the basic DWI minimum confinement term to six days. Allegations involving serious bodily injury or death may lead to separate intoxication assault or intoxication manslaughter charges. The exact charge matters more than a general description such as “a drinking-and-driving arrest.”
Minimums and maximums describe statutory punishment, not a guaranteed sentence. An attorney can explain the applicable range, whether community supervision is available, and the effect of prior cases. Do not assume that a friend’s DWI outcome establishes the rules for a different person.
The driver’s license process has its own deadlines
Texas DPS’s Administrative License Revocation process is separate from the criminal DWI case. Posting bond does not restore driving privileges or stop a license deadline. A person can have a pending criminal case and a separate administrative license issue at the same time.
DPS describes a 15-day hearing-request deadline from service of a suspension notice in the usual notice process. When a blood-test suspension notice is mailed later, DPS describes a 20-day deadline from the date that notice is mailed. Read the actual notice immediately and contact an attorney promptly rather than assuming every deadline starts on the arrest date.
Keep the notice and envelope, if one was mailed. Confirm license eligibility before driving and ask counsel about any available legal options. An upcoming criminal court date is not a reason to put the license paperwork aside.
Bond conditions may continue after release
Depending on the charge and court order, conditions may include an ignition interlock, alcohol testing, monitoring, or restrictions involving alcohol. Confirm exactly what the written conditions require, when compliance must begin, and whom to contact about installation or reporting.
Plan transportation that complies with both the court’s order and current license status. Keep monitoring appointments and court dates in one calendar. Ask the attorney or the court’s designated office about unclear conditions; a verbal assumption should not replace the written requirements.
Information to gather for a DWI bond request
Start with the person’s legal name, date of birth, facility, booking number, and exact charge. Check whether a bond amount has been set and whether the record lists additional charges or holds. Let the agent know if the paperwork mentions a felony enhancement or special bond conditions.
AAA can review a short application and explain the proposed bond service terms. An estimate is based on the verified bond information and office pricing, not the possible criminal fine. Release timing still depends on the facility’s processing and any remaining custody restrictions.