A DWI arrest starts two cases at once. One is the criminal case in court. The other is a separate case about your driver’s license. Each has its own rules and its own deadlines, and the license deadline comes fast.
I have seen criminal cases from every seat in the courtroom: as a defense lawyer, a judge, and a prosecutor. I use that experience to help you understand what is happening and what your choices are.
The 15-day license deadline. In Texas, a request for an Administrative License Revocation (ALR) hearing must reach the Texas Department of Public Safety (DPS) no later than the 15th day after you receive the notice of suspension. For many people, that notice is handed over at the arrest. If no hearing is requested in time, the suspension generally takes effect on the 40th day after the notice. Call me right away so this deadline is not missed.
What you’re facing
Texas law says a person commits DWI if they are intoxicated while operating a motor vehicle in a public place (Texas Penal Code §49.04). “Intoxicated” can mean not having the normal use of your mental or physical faculties, or having an alcohol concentration of 0.08 or more (Penal Code §49.01).
How serious the charge is depends on the facts and your history. In general:
- First DWI: usually a Class B misdemeanor, with a minimum term of 72 hours in jail written into the law. A Class B misdemeanor can carry up to 180 days in jail and a fine.
- Alcohol concentration of 0.15 or more: a Class A misdemeanor, which can carry up to one year in jail and a fine.
- Second DWI: generally a Class A misdemeanor with a 30-day minimum term.
- Third DWI: generally a third-degree felony, which carries 2 to 10 years in prison and a possible fine.
Other facts, such as an open container, a child passenger, or an accident with injuries, can also change the charge.
The license (ALR) case
The ALR case is a civil matter about your driving privileges. It is not the same as the criminal case, and it can go forward even while the criminal case is still open. An administrative law judge hears it. The hearing can also give an early look at the officer’s account of the arrest.
If your license is suspended, you may be able to apply for an occupational license in some situations. Whether you qualify depends on your record and the type of suspension.
What to do now
- Find your paperwork. Look for any notice of suspension, bond papers, and anything else you were given at release.
- Mark the date. Count 15 days from the day you received the notice. Do not wait until the last day.
- Write down what you remember about the stop, the tests, and what the officer said.
- Do not talk about the case with anyone but your lawyer. That includes social media and jail phone calls.
- Call me so the license deadline is handled and I can review the criminal case with you.
How I can help
Every DWI is different. In a DWI case, I generally look at:
- Why the officer stopped the vehicle in the first place.
- How field sobriety tests were explained, given, and scored.
- How breath or blood samples were collected, stored, and tested.
- What the dash-camera and body-camera video actually shows.
I explain what I find in plain English. Then I give you my honest view of your options, whether that means challenging the evidence, negotiating, or going to trial.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
Is the 15-day deadline counted from the arrest? It is counted from the day you receive the notice of suspension, which for many people is the arrest date. If the notice was mailed, different timing rules may apply. Bring the notice so the date can be checked.
Can I lose my license even if my criminal case is dismissed? Yes, it is possible. The ALR case and the criminal case are separate. That is why it matters to deal with the license deadline right away.
I refused the breath or blood test. Can I still request a hearing? Yes. A refusal can also lead to a license suspension, and the law gives you the same 15-day window to request a hearing.
Is a first DWI a felony? Usually not. A first DWI is generally a misdemeanor. Certain facts, such as a child passenger or serious injury, can make it a felony.
Talk with me about your DWI
The license deadline does not wait. Call me at (346) 366-7566 for a free consultation. You can also email me at kyle@vancedefense.com.