If you typed "Houston DUI lawyer" into a search bar, you are in the right place — Texas just calls it something else. Brian Foley's 2025 update covers what has changed and what has not.
DUI vs. DWI
In Texas, the adult offense is DWI under Penal Code § 49.04. "DUI" is a separate Class C offense for drivers under 21. See DWI vs. DUI.
What the 2025 landscape looks like
- The state fine. Since 2019, a DWI conviction carries a state fine assessed by the court — $3,000 for a first offense, $4,500 for a second, and $6,000 for any DWI with a 0.15 or higher — on top of the criminal fine of up to $2,000 or $4,000. This replaced the old surcharge program and applies at conviction.
- No-refusal is routine. Harris County has the infrastructure to obtain a blood warrant any night of the year. Refusing a breath test rarely prevents a chemical result; it does trigger a longer license suspension.
- Interlock is standard. Bond conditions in Harris County DWI cases almost always include an ignition interlock or portable alcohol monitor, even on a first offense.
- Nondisclosure is available. A first DWI conviction with a BAC under 0.15 can be sealed after two years (with six months of interlock) or five years. See getting a DWI off your record.
- Diversion is real. Harris County's pretrial intervention program for first-offense DWI ends in a dismissal and expunction for those who complete it.
What has not changed
The 15-day ALR deadline. The importance of the video. The subjectivity of the field sobriety tests. The vulnerability of blood and breath evidence to a lawyer who knows the science. And the fact that a first DWI in Houston — handled correctly from the first week — very often does not end in a DWI conviction.
Brian Foley and Luis Baez served on the Harris County and Montgomery County Vehicular Crimes Teams. See our Houston DWI attorney page or call or text (713) 703-1718.