Charged with DWI in Texas? Here Is What Happens Next
Understanding the DWI process, your rights, and how to fight the charge
A DWI arrest in Texas sets two separate legal processes in motion simultaneously - a criminal case and an administrative license revocation (ALR) proceeding. Both have strict deadlines, and failing to act quickly can cost you your license before your criminal case is even resolved.
The Two-Track DWI Process in Texas
A first-offense DWI in Texas is a Class B misdemeanor, carrying up to 180 days in jail, a fine of up to $2,000, and a license suspension of 90 days to one year. When you are arrested for DWI and either fail or refuse a breath or blood test, the Texas Department of Public Safety automatically moves to suspend your license. You have 15 days from the date of arrest to request an ALR hearing - if you miss that window, your license is suspended automatically.
Challenging the Evidence
- The traffic stop - was there reasonable suspicion to pull you over in the first place?
- Field sobriety tests - these tests are subjective, affected by medical conditions, nerves, and road conditions, and are frequently administered improperly
- Breathalyzer results - breath test machines require regular calibration and maintenance; operator error and machine malfunction are real issues
- Blood test results - blood draws must follow strict protocols; improper collection, storage, or testing can render results inadmissible
DWI with Aggravating Factors
- DWI with Child Passenger - a child under 15 in the vehicle elevates the charge to a state jail felony
- Intoxication Assault - causing serious bodily injury while intoxicated is a third-degree felony
- Intoxication Manslaughter - causing death while intoxicated is a second-degree felony carrying 2 to 20 years in prison
- Repeat Offenses - a second DWI is a Class A misdemeanor; a third is a third-degree felony
Act Immediately
The 15-day ALR deadline is not flexible. If you were arrested for DWI in Texas, call Hawk Law PC at (469) 699-HAWK today. Michael Hawk has over 30 years of experience defending DWI cases in Texas state and federal courts.