Can a DWI Arrest in Texas Affect Your Professional License?

Driving While Intoxicated (DWI) arrests in Texas are commonly associated with breathalyzer results. Many people assume that if you “pass” a breath test—meaning your blood alcohol concentration (BAC) is under 0.08%—you can’t be arrested or charged. Unfortunately, that’s a dangerous misconception. Under Texas law, you can absolutely be arrested and even convicted of a DWI without failing a breath test.

Understanding Texas DWI Law

Texas Penal Code § 49.04 defines a DWI as operating a motor vehicle in a public place while “intoxicated.” The legal definition of intoxicated doesn’t only refer to having a BAC of 0.08 or higher. It also includes situations where a person has lost the normal use of their mental or physical faculties due to alcohol, drugs, or a combination of substances.

This means that if a police officer believes you’re mentally or physically impaired—even if your BAC is below the legal limit—you can be arrested for DWI.

When Breath Test Results Aren’t Enough

Breath tests are not infallible. They can produce false positives due to medical conditions, residual mouth alcohol, or calibration errors. Additionally, some drivers may refuse the test altogether, which is their legal right—though it carries administrative penalties like automatic license suspension under Texas’s implied consent law.

Even in the absence of a failed breath test, law enforcement may rely on other evidence, such as:

• Field sobriety test performance

• Officer observations (bloodshot eyes, slurred speech, smell of alcohol)

• Erratic driving behavior

• Admissions (e.g., saying you had a few drinks)

• Video evidence from body cams or dash cams

These observations can be enough for an officer to establish probable cause for arrest and for a prosecutor to pursue charges.

Prescription Drugs, Marijuana, and Other Substances

DWI charges in Texas are not limited to alcohol. Driving under the influence of prescription medications, marijuana, or illegal drugs can also result in a DWI arrest—even though there’s no legal threshold (like 0.08%) for these substances.

If an officer suspects drug impairment, they may call in a drug recognition expert (DRE) or request a blood test. Again, you can be arrested based on the officer’s judgment and field sobriety tests—even before lab results confirm drug presence.

What Should You Do If Arrested Without a Failed Breath Test?

If you’re facing a DWI arrest and you didn’t fail a breathalyzer, don’t assume the charge is automatically invalid. Instead:

1. Remain calm and cooperative during the arrest.

2. Do not argue with the officer or try to “talk your way out of it.”

3. Exercise your right to remain silent.

4. Politely request an attorney before answering questions or submitting to further testing.

An experienced DWI defense attorney can review the circumstances of your arrest, challenge the officer’s observations, scrutinize the legality of the traffic stop, and fight to exclude unreliable or insufficient evidence.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to navigate the complexities of DWI charges and work toward a favorable resolution.

A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding these consequences and knowing how to mitigate them can make a significant difference. The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal expertise you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you protect your future.