The Dirt On DUI, DWI & DWI With Child Laws In Texas: 4 Important Changes To Know About & What To Do If You’re Charged With A Crime

Here in Texas, there aren’t a lot of things that almost everyone can agree on.

Obviously we all agree that nothing beats a good BBQ or an evening with the family at Big Bend National Park… but aside from that, well, we all have our opinions.

There is one other thing that Texans from all walks of life can agree on, though — and that’s how bad of an idea it is to drive while under the influence of alcohol, especially with kids in the car.

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Once upon a time that’s just how things were, and it was considered normal to pack the kids in the car and grab a few beers for the drive home… But we’ve learned a lot since then.

We’ve seen over and over the problems this can cause, and as a society we’ve agreed that it’s too much — and we need to put a stop to it.

That’s good. I agree with that, I think we all can.

I’m not totally sure I agree with all the new laws, or more importantly with how they’re being enforced… But maybe that will settle down with time.

For now, I think it’s super important for everyone to understand what the new laws are, how they’ve changed, and how they can affect us in the future.

Since enforcement seems to be pretty fast and hard lately, it’s probably also a good idea to know what to do in case you pick up a charge, because not everyone who gets pulled over is guilty, but if you don’t act fast, you’ll never be able to prove that.

So let’s start with what we need to know before we buckle up our seat belts, then we’ll quickly cover what to do in case you need to fight one of these charges.

Here are the 4 main changes, and what they mean for us.

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1. Enforcement & Penalties Are On The Rise

The first thing that we all need to be aware of is that the laws are changing, and some convictions carry heavier penalties today than they did a year ago.

These changes tend to focus on certain high-risk areas or behaviours, so that you can expect your charges to expand if you’re caught driving under the influence in a school zone, with a minor in the vehicle, or as a repeat offense.

If you’ve just recently picked up a charge, I recommend that you take a break from reading about the changes, and call a local DWI specialist defence attorney right away.

You can come back and finish reading this later, but calling an attorney ASAP is more important.

2. Mandatory Minimum Sentences

After being upgraded from a misdemeanor to a felony, several of these charges can carry significant penalties, even for first time offenders.

There are several areas where the penalties are rising, including having a blood alcohol content of 0.15 or more, driving intoxicated in a school zone or with a minor passenger, and for any accidents where a driver under the influence of drugs or alcohol ends up causing fatalities.

While each of these charges has changed in different ways, they’ve all become more strict with heavier penalties starting in 2026.

3. Enforcement Is Increasing

While the laws are becoming more strict, so are the local police, and nothing shows this more than a quote I just saw from an officer in a small nearby county.

He said, “If you look at our stats, we probably bring one or two people to jail every night for DWI.”

One or two people per night, in a small Texas county, is quite a lot. It means the police are actively looking for this type of crime, and prosecuting every perpetrator.

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4. Expanded Authority For Intoxication Testing

Finally, a concern that you should certainly speak to your lawyer about — the rules and requirements around what police require before being able to collect and analyze blood samples for intoxication, have changed.

Officers can now even work across county lines, so crossing a boundary doesn’t increase your chances of beating a conviction.

These rules are a bit complex though, so I highly recommend talking to a specialist on DWI charges before making any decisions.

In a broad way, I can really appreciate these new changes, because they have the right intent.

In a more realistic way, I have to say that I’m a little concerned about how zealously they’re being enforced, and what that means for the average driver.

Just remember that your best defense isn’t a good offense in this case, it’s a good defense lawyer.

Especially with the laws changing so quickly, you really need someone who’s not just familiar with DWI laws in general, but specifically in Texas, and with all the newest updates.

Anything less would be like trying to win a game, without knowing any of the rules.

So don’t drink and drive, but if for some reason the police think you were, be sure to get a good lawyer before you start making statements.