DWI With Unlawful Carrying of a Weapon in Texas | Houston Attorney

Carrying a handgun while intoxicated is unlawful in Texas — even for license holders — so a DWI arrest with a gun in the car can become two cases at once. A weapon found during a DWI stop can add a separate unlawful-carrying charge and put your firearm rights on the line, all while you're also fighting the DWI itself. The good news: an unlawful search that turns up the weapon can sink both charges together.

If you or a loved one is facing a DWI with a weapons allegation in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Texas broadly allows handgun carry, but there are limits. Under Texas Penal Code § 46.02 and § 46.035, it is an offense to carry a handgun while intoxicated — including for license-to-carry holders — and to intentionally display a handgun in a public place. When a handgun is discovered during a DWI arrest, the State can pursue both the DWI and an unlawful-carrying charge.

Penalty Range

Charge	Offense Level	Punishment
DWI (first or second)	Class B / Class A Misdemeanor	Up to 180 days or 1 year jail; fine up to $2,000–$4,000
Unlawful carrying while intoxicated	Class A Misdemeanor	Up to 1 year jail; up to $4,000 fine

How These Cases Are Defended

Suppressing the search. If the search that produced the weapon was unlawful, both the weapons evidence — and often the DWI evidence — can be suppressed.
Challenging the DWI. We attack the stop, the field sobriety testing, and the breath or blood evidence.
"Carrying" and intoxication. The State must prove you were carrying the handgun as the statute defines it and that you were intoxicated; both elements can be contested.
Protecting gun rights. We work toward outcomes that avoid a conviction restricting your firearm rights.
The 15-day license deadline. We protect your license early.

Collateral Consequences

Beyond the criminal penalties, a conviction can affect your eligibility to possess or carry firearms under state and federal law, your license to carry, and your record on background checks. Protecting both your freedom and your Second Amendment rights is the goal.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one is facing a DWI with an unlawful-carrying charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

Is it illegal to have a gun in the car during a DWI in Texas?

It can be. Even under Texas's permitless-carry and license-to-carry laws, a person may not intentionally display a handgun in public, and carrying while intoxicated is restricted. A handgun found during a DWI arrest can lead to a separate unlawful-carrying charge, and it can complicate the DWI itself.

Can a license-to-carry holder be charged for carrying while intoxicated?

Yes. Under Texas Penal Code § 46.035, even a license-to-carry holder commits an offense by carrying a handgun while intoxicated. A DWI arrest with a handgun present therefore puts both your DWI case and your gun rights at risk at the same time.

What is the punishment for DWI plus a weapons charge?

The DWI carries its own range (typically a Class B or A misdemeanor for a first or second offense), and unlawful carrying while intoxicated is generally a Class A misdemeanor. The two charges can be prosecuted together, and a conviction can affect your eligibility to possess or carry firearms going forward.

How are these cases defended?

We attack the DWI (the stop, the field sobriety testing, and the breath or blood evidence) and, separately, the weapons charge — including whether the search that found the weapon was lawful, whether you were actually 'carrying' it as the statute requires, and whether you were intoxicated. Suppressing an unlawful search can defeat both charges at once.

Will I lose my gun rights over a DWI weapons charge?

It depends on the outcome. A conviction — especially certain misdemeanor or any felony convictions — can restrict your right to possess or carry firearms under state and federal law. Protecting your record and, where possible, avoiding a conviction is central to protecting your Second Amendment rights.