Driving While Intoxicated (DWI) charges in Texas have serious consequences. The process is complex, with both criminal and administrative processes and penalties that run concurrently.
Whether you’re facing charges or trying to help a friend or loved one, our Texas DWI resource guide offers actionable advice so you can make informed decisions during a difficult time.
We’ll cover everything you need to know about DWIs, including:
- What the charge means under Texas law
- What happens after an arrest, including the Administrative License Revocation (ARL) process
- Common misconceptions people have about DWIs
Finally, we'll talk about the defense options you have now when you hire an experienced DWI attorney.
Many states penalize DUIs. In Texas, it’s Driving While Intoxicated (DWI).
Texas uses the term Driving While Intoxicated (DWI), but the law is similar to those in states that criminalize Driving Under the Influence (DUI).
Under Texas law, a person can be charged with a DWI if they operate a motor vehicle in public while intoxicated.¹
Intoxication doesn’t just mean alcohol.
The charge can also be for drugs, including some prescription medications.
It also doesn’t require a specific blood alcohol concentration.
Officers may use observations, field sobriety tests, and physical evidence.
One of the most common ways police search a vehicle without probable cause is by asking for your consent. You don’t need to give it to them.
You’ll face penalties for refusing a breathalyzer.
Refusing a breathalyzer or blood test doesn’t stop a criminal case. In fact, it automatically triggers an Administrative License Revocation (ALR).
Here’s what happens after a DWI arrest.
You’re handcuffed, read your Miranda rights, and taken to jail to be booked. For more on the first 24 hours after an arrest, see our guide.
From there, several different things happen at once.
You’re either released on bond or held to appear before a magistrate.
Bond conditions can include an ignition interlock device (requiring a breath test to start your vehicle), a curfew, and travel restrictions.
A criminal case begins.
You’ll work with your lawyer to review the evidence and determine the best path forward.
You may challenge the legality of the stop, file motions to suppress evidence, negotiate a plea, or prepare for a trial. Your strategy here depends on the facts of your case.
There’s also a civil proceeding.
Here’s where the situation gets complicated. In addition to DWI charges, you’ll also face a civil case against your driver's license. It’s handled separately, through the Department of Public Safety and the State Office of Administrative Hearings.
The arresting officer gives you a Notice of Suspension.
This notice doesn’t immediately prevent you from driving. In fact, it acts as a temporary driver’s license for 40 days to give you time to figure out alternate means of transport.
The Notice of Suspension also gives you a deadline and outlines your right to an Administrative License Revocation (ALR) hearing.
The ALR process determines if your license will be suspended.
Remember, this is a parallel track from your criminal trial, so you can have your driver’s license suspended or revoked regardless of the status of your DWI case.
You have 15 days from the arrest to request an ARL hearing.
The hearing is with the Texas Department of Public Safety (DPS). If you miss that 15-day window, your license is automatically suspended, even if you’re found not guilty in the criminal DWI case.
ARL hearings are similar to criminal trials.
Your lawyer will represent you, and both sides can call witnesses and present evidence.
Losing an ARL hearing carries stiff penalties.
The exact penalty depends on your situation.
Refusing a breathalyzer or blood test
If you refuse to be tested, you can receive a license suspension of up to 180 days for a first offense and 2 years if you already have a refusal or other suspension. Now, I am not suggesting that you assent to a breathalyzer test in every case. I'll follow up with an article on the specific considerations. For now, let's focus on the most likely course of events and save the fight for court.
Failing a breath or blood test
Failure, by the way, means a BAC of 0.08 or higher. The punishment is a 90-day suspended license for a first offense and 1 year for a second or subsequent offense.²
Criminal penalties can be even harsher.
The State has leeway when it comes to penalties for a DWI in Texas. That said, there are rules in place based on the number of offenses and other factors.
Note that license suspension as a criminal penalty is separate from any civil penalties that are part of the ARL process.
First DWI Offense
A Class B misdemeanor, with fines of up to $2,000, jail for 3 to 180 days, and a suspended driver’s license for up to one year.
Second DWI Offense
A Class A misdemeanor. Fines can reach $4,000, and jail time ranges from 30 days to one year.
Third DWI Offense
A third DWI is a third-degree felony, with fines up to $10,000 and 2 to 10 years in prison.
Felony DWI Charges
Several circumstances elevate a DWI charge to a felony. Examples include:
- Causing serious bodily injury to another person while driving intoxicated.
- Causing the death of another person while driving intoxicated.
- Driving intoxicated with a child under 15 in the vehicle.³
There’s also a process to reinstate your license.
You must pay fines and fees, finish any jail or community service, complete the required education program, and pay all reinstatement costs.⁴
Let’s clear up a few misconceptions.
You don’t need a breath or blood test result to get a DWI.
Officers can make an arrest based on observations alone.
An arrest does not equal guilt.
An arrest is an accusation; it’s not a conviction. There will still be a court process during which evidence is challenged and tested in court.
You don’t automatically lose your car after a DWI arrest.
Officers may let a sober driver take it, leave it parked, or have it towed.
Don’t rely solely on Texas government resources.
Several Texas agencies provide official DWI information that’s useful to look over:
- The DPS covers the ALR program, license suspensions, and reinstatement.
- The Texas Judicial Branch explains the criminal court process.
- Texas.gov has resources on driver compliance and responsibility.
However, while these materials explain what happens, they do not address strategy, defenses, or individualized legal advice.
For that, you need a lawyer.
Focus on the actions you can take after a DWI arrest.
I want to emphasize this point: You have significant power to shape the direction of your case after a DWI arrest.
Contact an attorney.
First of all, exercise your right to stay silent and ask to speak to an attorney. Early legal intervention can protect your driving privileges, and preserve your defense.
Request an ALR hearing.
You have 15 days from arrest to request a DPS ALR hearing. Miss this deadline? Your license is suspended automatically.
Do not miss the deadline for your ALR hearing. I can’t stress that enough.
Attend your magistrate appearance.
You may be released on bond before your appearance, but regardless, you’ll need to appear before a magistrate within 48 hours of your arrest. The magistrate sets bond and release conditions. Follow their rules carefully to avoid extra charges.
Let Gold Legal handle your DWI defense.
If you are facing DWI or DUI charges in Dallas-Fort Worth or Houston, contact us immediately for free case review today.
Gold Legal, PLLC will diligently and aggressively investigate the nature of your charges and fight for the best possible outcome in your case.
— Kandi Gilder, Attorney at Law
References
- Texas Penal Code § 49.04 (Driving While Intoxicated). Texas Penal Code.
- Texas Department of Public Safety. Administrative License Revocation (ALR) Program. Austin, TX: Texas Department of Public Safety; 2020 Sep 29. Available from: https://www.dps.texas.gov/section/driver-license/administrative-license-revocation-alr-program
- Texas Penal Code § 49.09 (Enhanced Offenses and Penalties). Texas Penal Code.
- Texas Department of Public Safety. Reinstating your Driver License or Driving Privilege. Austin, TX: Texas Department of Public Safety; 25 Sep 2020. Available from: https://www.dps.texas.gov/section/driver-license/reinstating-your-driver-license-or-driving-privilege
