If you’re arrested for DWI in Texas, you might also face a separate charge: Unlawful Carry of a Weapon (UCW). This surprises many people. They believe they’re being punished twice for one mistake. But Texas law allows both charges. Here’s what you need to know.
What Is DWI in Texas?
Texas Penal Code Section 49.04 defines Driving While Intoxicated (DWI). You commit DWI if you operate a motor vehicle in public while:
- Having a blood alcohol concentration (BAC) of 0.08% or higher; or
- Not having normal use of mental or physical faculties due to alcohol or drugs.
You can be charged even without a breath or blood test. Officer observations and field sobriety tests may be enough.
Penalties for DWI
First-time DWI is usually a Class B misdemeanor:
- 3 to 180 days in jail
- Up to $2,000 fine
- License suspension for up to one year
Penalties increase with higher BAC, prior convictions, or accidents involving injuries.
For more information, visit our DWI Defense page.
What Is Unlawful Carry of a Weapon (UCW)?
Texas Penal Code Section 46.02 defines Unlawful Carry of a Weapon (UCW). This law prohibits certain individuals from carrying handguns under specific circumstances.
UCW Applies Only to Handguns
UCW under Section 46.02 applies only to handguns in most cases. Long guns like rifles or shotguns are not covered unless carried in a restricted area.
Who Can Be Charged With UCW?
You can be charged with UCW if you:
- Are under 21 (or 18 for military); or
- Are carrying while committing a crime other than a traffic violation; or
- Are intoxicated while carrying a handgun.
Penalties for UCW
UCW is usually a Class A misdemeanor:
- Up to 1 year in jail
- $4,000 fine
However, carrying in prohibited places like bars or schools can elevate it to a felony.
Learn more about UCW on our Weapons Charges page.
How UCW and DWI Work Together
Texas law treats DWI as more than a simple traffic offense. This means that police will not simply give you a ticket for this charge . If you are carrying a handgun during a DWI, you can be charged UCW, which is a Class A Misdemeanor.
This is because the law prohibits carrying a handgun while engaging in a criminal activity. DWI counts as a criminal activity.
Even if you are eligible to carry a handgun under Constitutional Carry, you lose that right while committing DWI.
See Texas Penal Code 46.02(a-1).
Client Example: Two Charges From One Traffic Stop
Consider our former client, Jason (name changed for privacy).
Jason is a 34-year-old Army veteran with a clean record. He had dinner with friends in Uptown Dallas. He drank two cocktails but felt fine to drive.
On the way home, police stopped him for speeding. During the stop, officers smelled alcohol and asked him to perform field sobriety tests.
He admitted to having his licensed handgun in the glove box. He was fully compliant.
Police arrested him for DWI. They also charged him with UCW because the handgun was in the vehicle during the DWI.
Jason had no malicious intent. His handgun was stored safely, and he was legally entitled to carry it—just not while committing a DWI.
We challenged the UCW charge and sought to suppress evidence from the stop. Ultimately, we resolved the case with deferred adjudication and no conviction on either charge.
Why It Seems Unfair But Remains Legal
Many clients think it’s unfair to face two charges for one event. But courts have upheld this legal structure.
Texas lawmakers intend to reduce the risk of intoxicated individuals using firearms. DWI and handgun possession create a public safety concern.
You can lawfully carry a gun in your vehicle in Texas. But once you commit a crime, that right can disappear.
UCW does not apply to people carrying long guns or carrying while committing mere traffic infractions. DWI is different.
How We Defend These Cases
At Carter Criminal Defense, we often fight both charges at once. We analyze every step of the stop and arrest.
If police violated your Fourth Amendment rights, we seek to suppress the evidence. We challenge the DWI and the UCW.
If the gun was in a locked container or not accessible, we may argue you were not “carrying.”
We negotiate for charge reductions, deferred adjudication, or dismissals where possible.
Contact us today if you’re facing both DWI and Unlawful Carry charges.
Conclusion: Two Charges, One Arrest, Serious Consequences
Texas takes both DWI and gun rights seriously. Carrying a handgun while driving drunk can lead to serious penalties.
Even if you’re a responsible gun owner, the law limits your rights when you commit other crimes. Know the law. Protect your rights.
If you or a loved one faces these charges, call Carter Criminal Defense immediately.