Sunday, November 30, 2025

DWI & Your Life – Employment, Insurance, & Reputation: What Houston Professionals Need to Know


DWI & Your Life – Employment, Insurance, & Reputation: The Real DWI Impact on Jobs in Texas

A Texas DWI can threaten your employment, professional license, car insurance costs, and personal reputation, but the DWI impact on jobs often depends on your role, the charge level, and what you do in the first 15 days after arrest. In Houston and across Harris County, the fastest way to protect your ability to work is to address the driver’s license issue immediately, keep careful records, and follow a steady plan for your case and your career.

If you are a mid‑career professional like a construction project manager, you are not alone—and you still have options. Below is a straightforward guide to what a DWI means for work, credentials, insurance, and your public image, plus clear steps you can take today.

Quick answer for Houston professionals: what is the DWI impact on jobs?

Most Texans keep working after a first DWI, especially in non‑CDL, non‑federal roles, provided they manage the license process quickly and comply with employer policies. Job risk increases for safety‑sensitive positions (driving, heavy equipment, healthcare, education), for those holding professional licenses, and when an employee misses work due to court dates or a suspended license. Timely action—especially within 15 days to preserve your right to a license hearing—can significantly limit disruption.

Two truths to keep front and center: (1) the administrative driver’s license process moves on a much faster timeline than the criminal case, and (2) many employers judge reliability and transparency more than the arrest itself. Your plan for both tracks is what protects your paycheck.

First 72 hours: a calm, practical plan to protect your license and your job

Take a breath. You can still get to work, keep projects moving, and care for your family if you act methodically. Here’s the quick-start plan tailored for someone in a role like construction project management, facilities, field operations, or any job where punctuality and driving matter.

  1. Mark the 15‑day ALR deadline. If you refused or failed testing, you likely received a Notice of Suspension (often called a DIC‑25). You have 15 days from that notice to request an Administrative License Revocation (ALR) hearing to prevent the automatic suspension from kicking in. Read a plain-English explainer on how to request an ALR hearing and deadlines, then submit your request.
  2. File the hearing request now—don’t wait for court. The criminal case and the ALR process are separate. Use the official Texas DPS ALR hearing request portal and deadlines to preserve your driving rights while your case is pending.
  3. Document work needs. Make a short, factual list of work sites, typical routes, and any company policies on driving. If a suspension starts later, these notes help you quickly secure an occupational license to keep commuting.
  4. Record employer communications. If your handbook requires notice of arrests or license restrictions, follow it. Keep your message factual and brief. Save emails and policy pages to a secure folder.
  5. Check your insurance position. Identify who insures each vehicle (personal, company, rental). Note renewal dates. Start budgeting; first‑offense DWI can raise premiums—planning ahead avoids surprises at renewal.
  6. Control your online footprint. Lock down social media privacy, skip case details in public posts, and keep photos of alcohol off your profiles while your case is open.
  7. Map the license timeline. For Texas‑specific timing on notices and hearings, see this step-by-step guide to ALR hearings and timelines.

Why now? If you do not request the ALR hearing in time, a first failure can trigger a typical 90‑day suspension and a first refusal can trigger a 180‑day suspension. Keeping your driving privileges is often the single best way to protect your job and income while the case plays out.

DWI and background checks: what employers actually see

Many Houston employers run background checks at hire and for promotions, job changes, or when compliance policies require annual rescreening. A recent DWI arrest generally appears in county records and may be mirrored in private databases. If your case is dismissed or reduced, it can still leave a breadcrumb in certain databases unless you take additional legal steps later (for example, a nondisclosure order in eligible circumstances). Here’s how it tends to affect different roles:

  • Office and project management: A single misdemeanor DWI arrest without job-related misconduct is not always disqualifying. Most risk stems from missed work, license restrictions, or internal policy violations rather than the arrest itself.
  • Driving and field roles: If you operate a company truck or equipment, HR will care about your driving status and insurance eligibility. A suspended license or ineligibility on the company’s auto policy can be a bigger barrier than the charge.
  • Federal contractors/security-sensitive work: You may face additional reporting requirements and scrutiny of judgment, alcohol use, and reliability. Consistent compliance and a documented plan can help mitigate concerns.

Common misconception: “If I keep quiet, no one will find out.” In reality, many handbooks require disclosure of arrests or license changes within a set period, and recurring background checks can surface the case later. When disclosure is required, concise and timely notice usually looks better than silence.

A brief Houston micro‑story

Mike, a mid‑career construction project manager in Houston, was arrested for DWI late on a Friday. On Monday morning, he requested his ALR hearing within the 15‑day window, set calendar alerts for court and HR deadlines, and printed a copy of the company’s disclosure policy. He had a tight project schedule on the Ship Channel and couldn’t risk missed site meetings. When his boss asked about travel, Mike calmly explained that his license was still valid pending the ALR hearing and that he had a plan for all court dates. Mike kept working. Months later, the project finished on time.

Can a DWI affect professional licenses?

Yes. Many Texas boards review arrests and convictions for fitness and public safety. The details vary by board, but the themes are consistent: honesty, compliance with terms, and documented steps to prevent recurrence. Examples:

  • Healthcare (nurses, therapists, techs): Boards often ask about alcohol‑related arrests and may monitor treatment or education when appropriate. Some employers require immediate notice to Employee Health or Compliance.
  • Engineers, architects, surveyors: Self‑reporting of certain criminal matters may be required. Boards often evaluate whether the offense relates to the duties of the profession.
  • Teachers and childcare workers: School districts and licensing bodies focus on safety, judgment, and any pattern of conduct, not just one event.
  • CDL holders: A DWI can trigger a commercial disqualification even if the incident occurred in a personal vehicle. Employment impact can be immediate regardless of the criminal case’s timeline.

If chemical testing was refused or failed, Texas’ implied consent rules explain why an ALR case starts right away. For the statute itself, see the Texas statute on implied consent and refusal consequences. If your board or credential requires reporting, follow the instructions precisely and keep proof of delivery.

Penalties, timelines, and how they connect to employment

Outside of specialized positions, the main employment risk in a first DWI is practical: time away from work and barriers to driving. Court obligations in Harris County often unfold over several months. License restrictions can start far sooner unless you timely request the ALR hearing. To understand how potential criminal penalties fit into the bigger picture, review this overview of Texas DWI penalties and employment risks and consider how company policies treat arrests versus convictions.

While every case is different, here are common timeframes that help with planning:

  • ALR hearing request: Must be filed within 15 days of the Notice of Suspension to avoid automatic suspension.
  • ALR hearing outcome: Often scheduled weeks to a few months out; if requested on time, you typically keep your driving privileges in the meantime.
  • Criminal case: Frequently several months from first setting to resolution; continuances are normal.
  • Insurance renewal: Watch for the next renewal date; that’s usually when rate changes appear.

One stance worth adopting: treat license preservation as your first business problem to solve. Keeping your wheels turning keeps your paychecks coming and buys time to work on the criminal case.

DWI and car insurance: what to expect and how to budget

Insurers price risk. After a DWI arrest or conviction, many drivers see premium increases at the next renewal, with larger jumps if there are prior tickets, higher BAC allegations, or an at‑fault crash. In Texas, some drivers report increases that feel like a second car payment. The best counter is planning and clean conduct going forward.

  • SR‑22 filings: If a suspension occurs or an occupational license is needed, an SR‑22 filing (proof of financial responsibility) is often required. Set a reminder; carriers may require maintaining SR‑22 for a period that can extend beyond reinstatement.
  • Shopping smart: Do not cancel coverage while your case is pending. Shop at renewal with accurate disclosures. A single DWI does not always result in the same increase with every insurer.
  • Company vehicles: If you drive for work, ask HR whether your eligibility is tied to a motor vehicle report (MVR) score. One DWI may place you on a watch list but not automatic termination; policies vary.

For a practical overview you can share with family or HR, see what to expect after a DWI: insurance, work, reputation. Use it as a planning checklist for renewals, carpool backups, and budget adjustments.

DWI and personal reputation management

Reputation is a long game. Most employers and clients judge what you do next. Three habits help:

  • Consistency: Be on time for court, work, and family commitments. Reliability is the best antidote to doubt.
  • Privacy hygiene: Avoid posting about the case. Update your social profiles to focus on projects, certifications, and community work rather than nightlife.
  • Documentation: Keep a private folder with proof of classes completed, community service, or counseling. If disclosure ever becomes necessary, you can show steps you took.

In Houston’s close‑knit industries, people talk. Stay factual, polite, and brief; do not relitigate your case at a job site or company picnic. When in doubt, say you are “addressing a personal legal matter and all work commitments remain on track.”

“Do I have defenses?” Yes—here’s a grounded overview

This is not the place for promises. But it is fair to say that breath/blood testing, traffic stops, and field sobriety procedures are technical and must follow rules. Common defense themes include basis for the stop, video evidence, test administration and timing, medical issues affecting balance or breath, and how evidence was stored or reported. An ALR hearing can also provide testimony that helps you evaluate the strength of the case and plan for work impacts.

Notes for specialized readers

Analytical Strategist (Ryan/Daniel): quick data, timelines, and common defense touchpoints

  • License clock: 15 days from the DIC‑25 notice to request ALR; request filed → temporary driving usually continues until the ALR result.
  • ALR exposure (typical): first failure ~90 days; first refusal ~180 days if the ALR is lost. CDL rules are stricter.
  • Criminal case horizon: commonly 3–9 months for a first‑offense misdemeanor to reach a decision point (dismissal, reduction, agreement, or trial setting).
  • Frequent defense issues: stop basis, video consistency, FST protocols, test device maintenance, draw handling, and rising BAC arguments.
  • Employment risk drivers: license status, missed time, company policy, client optics. Manage these even while litigating.

Deep‑dive resources: the ALR explainer above and, if you want a quick interactive refresher on strategy concepts, an interactive Q&A resource with practical DWI tips.

Status-Conscious Client (Jason/Sophia): discretion and speed without theatrics

Keep your inner circle small and your documentation ready. Ask counsel about quiet options that may be available depending on the facts, including whether certain outcomes—if achieved—could later support an order of nondisclosure that limits public access to records. Protect your calendar; cancellations can create more gossip than the case itself.

High-Value Protector (Chris/Marcus): privacy, records, and long‑term containment

When reputation is critical, think in phases: (1) license stability, (2) case path, (3) eligibility for record relief. Discuss confidentiality practices for communications and file sharing, and consider a neutral work statement prepared in advance. If your role involves media or investors, align with your communications team on a one‑sentence response and stick to it.

Casual Unaware (Kevin/Tyler): wake‑up facts about real costs and deadlines

  • The ALR clock does not wait for your first court date; 15 days means 15 days from the notice.
  • Insurance increases typically hit at renewal, not right away; budget now so it is not a crisis later.
  • Even if your case is reduced or dismissed, records do not automatically vanish; ask about future options.

Healthcare Professional (Elena): board notifications and childcare logistics

Some healthcare employers require immediate internal reporting of arrests or license restrictions, and some boards ask about alcohol‑related offenses on renewals. Read your policy and keep a log of every step you take (classes, counseling, letters). Plan childcare and shift swaps early for court and testing appointments so patient care is never affected; that professionalism can weigh in your favor.

How the ALR hearing, criminal case, and your job fit together

Think of your situation as three tracks running in parallel:

  1. Administrative track (ALR): Focused on driving privileges. Missing the 15‑day request window allows a likely automatic suspension. Winning the ALR keeps your license; even if you lose, you may be eligible for an occupational license to keep commuting.
  2. Criminal track: The charge itself, evidence, videos, and court settings. This track determines case outcome, potential fines, education, or interlock conditions.
  3. Employment track: Your company’s policies and client expectations. Reliability and documentation matter as much as legal strategy here.

Your goal is to keep all three moving: request the hearing, show up on time, and communicate clearly when your policy requires it.

Practical scripts and templates for employer communications

Use short, factual statements. Examples you can adapt:

  • Disclosure when required: “On [date], I was arrested for a suspected DWI. My driver’s license remains valid pending a hearing that I have timely requested. My schedule and project commitments are unchanged. I will keep HR informed of any status change.”
  • Client reassurance: “My availability and project deadlines are unaffected.”
  • Team coordination: “I have court on [date] at [time]; I will be on site before and after. Materials and handoffs are already arranged.”

Keep records of anything you send. If policy does not require disclosure, consider whether silence or a simple schedule notice fits your culture best.

CDL, company vehicles, and safety‑sensitive work

If you hold a commercial driver’s license or drive heavy equipment, assume heightened scrutiny. Many employers restrict duties during an open DWI. For CDL holders, even a personal‑vehicle DWI can lead to a commercial disqualification under transportation rules, and company insurers may set their own thresholds for eligibility. Ask HR whether a temporary reassignment is possible so you can keep income flowing while you resolve the case.

Occupational licenses (essential‑needs licenses)

If a suspension takes effect, Texas courts can often authorize an occupational driver’s license that permits commuting, work errands, and essential household tasks. Expect to show proof of insurance (often SR‑22), provide a driving log, and obey time or geographic limits. Many Houston‑area judges are familiar with construction and field‑service schedules; a realistic route plan helps.

Correcting two frequent myths

  • Myth: “The ALR hearing is pointless.” Reality: The ALR can preserve your license, create a transcript that clarifies the stop and testing timeline, and help plan the criminal defense. It also signals reliability to your employer.
  • Myth: “If there’s no conviction, nothing changes at work.” Reality: License status, missed shifts, and policy compliance still affect employment even if the criminal case later resolves favorably.

Frequently asked questions about the DWI impact on jobs in Texas

How long does a DWI stay on my record in Texas?

Texas does not automatically erase DWI records. Arrests and cases can remain visible unless a legal remedy applies later. Depending on the outcome and eligibility rules, some records may be sealed from public view by a court order of nondisclosure, but this is not automatic and not available in every case.

Will my Houston employer automatically fire me for a first DWI?

Not necessarily. Many employers treat a first misdemeanor DWI as a policy and logistics issue rather than automatic termination, especially outside of driving or safety‑sensitive roles. The bigger risks are missed work, license suspension, or violating a disclosure rule, so manage those parts carefully.

What are the typical Texas license suspension periods if I lose the ALR?

For many first‑time drivers, a failed test can mean about 90 days and a refusal about 180 days; prior incidents can increase those periods. Requesting the ALR hearing within 15 days preserves your chance to contest the suspension and keeps you driving in the meantime.

How does a DWI affect car insurance premiums?

Premiums often rise at your next renewal after a DWI arrest or conviction, with the size of the increase depending on your overall driving profile and insurer. If an occupational license or reinstatement is needed, expect to carry an SR‑22 for a period; budget in advance so renewals are manageable.

Do I have to tell my professional board or HR about a DWI?

Follow the exact language of your board rules and employee handbook. Some roles require prompt reporting of arrests or license restrictions, while others require disclosure only at renewal or promotion. When reporting is required, keep it factual and keep proof of delivery.

Why early, steady action matters

You cannot control every outcome, but you can control your plan. The ALR 15‑day rule creates an immediate, non‑negotiable deadline that directly affects your ability to drive to work. The criminal case then unfolds over months, and your employer’s view will center on reliability and policy compliance. Use the resources linked here, set calendar reminders, and speak with a qualified Texas DWI lawyer for guidance tailored to your facts and your profession.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
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Saturday, November 29, 2025

Texas DWI License Suspensions & ALR Hearings: How Long Will I Lose My License?


Texas DWI License Suspensions & ALR Hearings: How Long Will I Lose My License?

In Texas, a DWI-related license suspension can range from 60 days to 2 years depending on your age, test result or refusal, prior history, and whether you hold a CDL, and you have only 15 days from the date you receive notice to request an ALR hearing to contest it. That ALR hearing is a separate, civil process through Texas DPS, and if you request it on time your temporary permit usually stays valid until the judge rules. For drivers in Houston and Harris County, understanding these timelines—plus options like occupational licenses—can make the difference between keeping your job and being sidelined from the road.

First Things First: The 15‑Day ALR Deadline (Texas DWI License Suspension Basics)

Mike, if you were arrested for DWI in Houston this week, the clock is already running. You have 15 days from the date you were served the Notice of Suspension (often handed to you as form DIC‑25 when your physical license was taken) to request an Administrative License Revocation (ALR) hearing. Miss that deadline and, by default, your suspension will begin on the 40th day after the notice date. For example, if your arrest happened on November 28, 2025, your last day to request a hearing is December 13, 2025, and if you don’t request it, the suspension would typically start on January 7, 2026.

Two quick but important notes you can act on today:

Requesting the hearing on time lets you keep driving on your temporary permit while the case is pending, which protects your ability to commute to job sites and take care of your family. It also preserves valuable defenses—without a timely request, you lose the only built‑in chance to challenge the civil suspension.

Step‑by‑Step: How to Request Your ALR Hearing Today

  1. Gather your DIC‑25 (Notice of Suspension/Temporary Driving Permit), your driver license number, date of birth, and arrest date.
  2. Confirm the 15‑day deadline by counting calendar days from the date on the DIC‑25. If the 15th day falls on a weekend or holiday, submit before then.
  3. Submit the request online through the Official DPS portal to request an ALR hearing online (optional), or follow the instructions on your notice for requesting by mail or fax.
  4. Save proof of submission (screenshot or confirmation). Keep it with your DIC‑25 in your vehicle.
  5. Watch for your hearing notice with the date, time, and format (phone, video, or in‑person in the Houston area).

What to bring or keep ready for the hearing: your notice paperwork (DIC‑24 and DIC‑25), any body‑cam or dash‑cam references you know about, a simple driving‑needs summary (work schedule, childcare), and a clean folder with your contact info. The judge won’t decide hardship at the ALR hearing, but being organized helps you move fast if you need an Occupational Driver’s License later.

What Triggers a Texas DPS ALR Suspension?

ALR is the Texas DPS civil license process that runs alongside your criminal DWI charge in Harris County. It’s triggered when you’re arrested for DWI and either:

  • Provide a breath or blood specimen showing an alcohol concentration of 0.08 or more, or
  • Refuse to provide a specimen after being read the statutory warnings.

When that happens, the officer typically serves you the DIC‑25—your temporary permit and “notice” that DPS intends to suspend your privilege to drive. If you don’t request the hearing within 15 days, the suspension becomes automatic and begins on the 40th day after the notice. If you request on time, your temporary permit usually stays valid until the administrative law judge (ALJ) issues a decision.

How Long Is Your License Suspended After DWI? DWI Suspension Lengths in Houston

Here are the most common civil suspension lengths under the ALR program. These are statewide rules that apply in Houston and the surrounding counties, but your specific history can change the outcome. The criminal court can also order a separate suspension if there’s a conviction.

Driver Category Trigger ALR Suspension Length (Typical First Event) With Certain Prior Alcohol/Drug Contacts (within 10 years)
Adults (21+) Test result 0.08 or higher 90 days Generally up to 1 year
Adults (21+) Refusal 180 days Generally up to 2 years
Under 21 Any alcohol detected/test failure 60 days (first), 120 days (second), 180 days (third+)
Under 21 Refusal 180 days (first) Up to 2 years for repeat events
CDL (Commercial) Alcohol‑related event or DWI Disqualification typically 1 year (3 years with hazmat) Lifetime for a second qualifying event (limited reinstatement paths)

Those numbers answer the core question—“how long is license suspended after DWI?”—for the civil ALR process. Keep in mind, the judge in your criminal DWI case can impose a separate, court‑ordered suspension if there’s a conviction, often in the range of 90 days to 1 year on a first offense. For a plain‑English breakdown of criminal penalties versus license consequences, see this overview of Texas DWI penalties and suspension lengths.

Texas DWI First Offense Penalties (Criminal Case)

Separate from ALR, a first‑offense DWI (Class B misdemeanor in most cases) carries possible fines, court costs, probation conditions, license surcharges that no longer exist but have been replaced by other fees, and potential jail time. Courts in Harris County commonly require conditions like alcohol education, interlock devices in some cases, or community service. A conviction can trigger a court‑ordered license suspension (often 90 days to 1 year) and insurance consequences. The exact outcome depends on BAC, crash or injury factors, and prior history.

CDL Drivers: Texas DWI CDL Consequences

If you hold a commercial driver’s license, the stakes are higher. Federal and Texas rules treat alcohol‑related events as disqualifying, and an Occupational Driver’s License cannot be used to operate a commercial motor vehicle. That means even if you secure limited driving privileges for personal vehicles, you cannot legally drive a CMV while disqualified.

  • First disqualifying event (such as DWI conviction, refusal, or 0.04+ while driving a CMV): typically a 1‑year CDL disqualification, or 3 years if transporting hazardous materials.
  • Second event: lifetime disqualification, with only narrow reinstatement pathways after long waiting periods and meeting strict conditions.
  • CDL consequences are separate from your underlying Class C (personal) license and from the criminal case. A win in ALR doesn’t automatically save the CDL if there’s a later conviction, and vice‑versa.

If you manage crews or haul equipment around Houston construction sites, this is often the difference between staying employed and sitting out for a year. Preserving your ALR rights and carefully tracking bond conditions, discovery, and hearing dates gives you the best shot at limiting the damage.

Under‑21 Drivers: Zero Tolerance and “Under 21 DWI Texas License Suspension” Rules

Texas uses “zero tolerance” for drivers under 21, which means any detectable alcohol can trigger consequences even if the adult 0.08% standard isn’t met. For ALR purposes:

  • Test failure (any detectable alcohol): 60 days for a first event, 120 days for a second, 180 days for a third or more.
  • Refusal: 180 days for a first event, up to 2 years if there are certain prior alcohol‑related contacts.

Courts also handle a separate criminal charge—often called DUI by a Minor or DWI depending on the facts. For families in Harris County, that means two tracks to monitor: ALR deadlines with DPS and court dates at the county courthouse. If college, internships, or clinical rotations are on the line, planning for transportation and insurance early is crucial.

Preserving Your Ability to Work: Temporary Permits and Occupational Driver’s Licenses

“How can I keep driving to work?” is the number‑one question for most Houston drivers after a DWI arrest. Here’s the practical breakdown:

  • Temporary Permit (DIC‑25): This paper typically lets you drive for 40 days after the notice, and if you request the ALR hearing on time, it usually stays valid until the ALJ issues a decision. Always keep it in your car with your proof of request.
  • Occupational Driver’s License (ODL): If the ALJ orders a suspension (or if you missed the deadline), you may be able to petition a Harris County court for an ODL that allows limited driving for work, school, and essential household duties. You’ll usually need SR‑22 proof of insurance, a simple log or schedule, and you must follow any time, route, or ignition‑interlock restrictions the court sets.
  • Waiting Periods: Depending on your record, some drivers can apply immediately; others face “hard‑suspension” waiting periods (for example, if there are prior DWIs in the recent past). Plan ahead so you’re not off the road longer than necessary.
  • CDL Limitation: An ODL never permits driving a commercial motor vehicle. It covers only non‑commercial driving.

For a construction manager like you, Mike, lining up SR‑22, a clear work schedule, and reliable proof of your ALR request within the first week removes many surprises. It also helps your attorney—if you choose to consult one—move faster with the court paperwork for an ODL if it becomes necessary.

What Happens at an ALR Hearing in Texas?

ALR hearings are typically held by phone or video these days, though in‑person settings are still used. The hearing is before an administrative law judge who decides narrow issues, such as whether the officer had reasonable suspicion for the stop, whether there was probable cause for arrest, whether proper warnings were given, and whether you refused or failed testing under Texas implied‑consent rules.

  • Evidence: Police reports, breath/blood test records, dash‑cam or body‑cam (if available), and witness testimony. Drivers can subpoena the officer for cross‑examination, subject to procedural rules.
  • Outcomes: If DPS doesn’t prove its case, the ALJ denies the suspension. If DPS proves the allegations, the ALJ orders the suspension to begin on a set date (often soon after the written decision issues).
  • Timeline: Hearings often occur within several weeks to a few months of the request, and written decisions usually follow within days or a few weeks. Your temporary permit remains in place if the request was timely until the decision is issued.

Winning at ALR prevents the civil suspension but does not dismiss your criminal DWI. Losing the ALR doesn’t mean you’ll be convicted of DWI. These two tracks move independently, which is good news because it gives you multiple chances to protect your record and your ability to drive.

Micro‑Story: Mike’s Week‑by‑Week Plan After a Houston DWI Arrest

Week 0 (Arrest on Friday night): Mike is stopped leaving a team dinner near the Galleria. He receives a DIC‑25 after refusing a breath test. He feels sick thinking about Monday morning’s jobsite meeting and the school carpool.

Weekend: He reads the notice again and realizes the 15‑day ALR deadline applies. He submits his request on Sunday through the DPS portal and saves the confirmation.

Week 1: He makes a simple folder: DIC‑25, ALR confirmation, insurance card, and a one‑page work schedule. He tells his foreman he may need to adjust hours for a phone hearing later.

Week 3: He receives a hearing date 7 weeks out. The temporary permit remains valid. He arranges child pickup help on the hearing day in case the call runs long.

Week 7: At the hearing, the officer testifies by phone. There’s a dispute about whether he actually refused or was unclear during the warning. The ALJ takes the case under advisement.

Week 8: The decision arrives. If it’s a suspension, Mike immediately files for an Occupational Driver’s License with SR‑22 in place so he can keep visiting multiple Houston job sites each day. If no suspension, he keeps his regular license while the criminal case continues.

Either way, Mike protected his options by acting during the first 15 days. That early move kept him behind the wheel when it mattered most.

Side Notes for Specific Readers (Secondary Personas)

Elena the Nurse: For licensed healthcare professionals, even an administrative suspension can create HR and Board questions. Keep documentation organized (ALR request, hearing notice, any outcome) and be proactive with any required reporting. Confidential scheduling and avoiding missed shifts matter—plan your hearing time and any ODL restrictions around your clinical schedule.

Daniel the Analyst: Think in timelines and decision trees. There are two tracks (ALR civil, DWI criminal) with independent outcomes. Key probabilities vary by facts, but ALR cases are often decided on paperwork sufficiency, officer attendance, and the specific testing record. Early requests preserve evidence, and the 15‑day deadline is a hard constraint that materially changes your options if missed.

Sophia the Executive: Discretion and reputation protection are achievable with planning. Many ALR hearings proceed by phone or video; calendar them during low‑visibility windows. Limit who needs to know at work, and keep all documents off shared devices. If you travel, double‑check rental car policies and insurance while your license status is pending.

Tyler the Young Driver: Zero tolerance is real. A single weekend mistake can mean 60–180 days without a license and higher insurance for years. If this is new to you, treat the 15‑day ALR request like a class deadline—miss it and you’re stuck with the grade.

Marcus the VIP: If you need total confidentiality and direct attorney involvement, that’s a planning conversation about scheduling, evidence capture, and quiet logistics. The same ALR deadlines apply no matter who you are.

Common Myths About Texas DWI License Suspension—And the Truth

  • Myth: “If my criminal case is dismissed, my license suspension disappears.”
    Truth: The ALR process is independent. A criminal dismissal doesn’t automatically undo an ALR suspension, and an ALR win doesn’t automatically dismiss the criminal case.
  • Myth: “I blew under 0.08 so I can’t be suspended.”
    Truth: Under‑21 drivers can face suspensions for any detectable alcohol, and adult cases may still proceed on other impairment evidence. Facts matter.
  • Myth: “An Occupational Driver’s License works for my CDL.”
    Truth: An ODL never authorizes commercial driving. CDL rules are stricter and separate.
  • Myth: “The ALR hearing is pointless.”
    Truth: It’s your only built‑in chance to challenge the civil suspension, preserve testimony, and learn facts that can help in the criminal case.

Key Documents and Dates Checklist

  • DIC‑24 (Statutory Warning): Read to you at or after arrest; explains consequences of refusal/failure.
  • DIC‑25 (Notice of Suspension/Temporary Permit): Starts the 15‑day clock and usually acts as your temporary permit for 40 days.
  • ALR Hearing Request Confirmation: Keep proof (screenshot, email) in your glovebox.
  • Hearing Notice from DPS/SOAH: Mark the date, time, and format; plan work coverage.
  • SR‑22 Proof of Insurance: Needed if you must seek an ODL.
  • Court Dates (Criminal Case): Track them separately from ALR.

If you want a deeper educational walkthrough, including example forms and timelines, consider Butler’s Butler’s interactive DWI Q&A for practical next steps. It’s a neutral explainer—not legal advice—and can help you map your first 30 days.

Frequently Asked Questions about Texas DWI License Suspension in Houston

When does the 15‑day ALR deadline start in Texas?

The 15‑day clock starts the day you are served the Notice of Suspension (usually the date on your DIC‑25). Count calendar days, not business days. If you were arrested on November 28, 2025, your last day to request would be December 13, 2025. Timely requests generally keep your temporary permit valid until a decision is issued.

How long will I lose my license after a first DWI in Texas?

For adults 21+, the typical ALR suspension is 90 days for a test failure and 180 days for a refusal, with longer periods if there are prior alcohol‑related contacts. A separate criminal conviction can add a court‑ordered suspension, often 90 days to 1 year. Your exact outcome depends on your history and the facts of the stop.

Can I get an Occupational Driver’s License in Harris County if I lose the ALR hearing?

Many drivers are eligible for an ODL to travel for work, school, and essential household needs. Some drivers can apply right away, while others face waiting periods based on prior history. An ODL never authorizes driving a commercial motor vehicle. Plan ahead with SR‑22 and a simple work schedule to speed things up if needed.

Will I lose my CDL after a first DWI in Texas?

A first alcohol‑related event can lead to a 1‑year CDL disqualification (3 years with hazardous materials). CDL rules are stricter than regular license rules, and an ODL does not permit commercial driving. CDL consequences can apply even when you still have limited non‑commercial driving privileges.

Is a Texas DWI a felony?

Most first and second DWIs are misdemeanors, but certain circumstances—such as a third DWI, a crash causing serious injury, or having a child passenger—can elevate charges to felonies. Felonies carry significantly higher penalties and long‑term consequences. The ALR process still runs separately from the criminal case.

Closing Guidance: Why Acting Early Matters

Taking action in the first 15 days puts you in control. It preserves your chance to contest the civil suspension, keeps your temporary permit alive while the ALR runs its course, and buys you time to organize SR‑22, schedules, and any Occupational Driver’s License paperwork. For someone supporting a crew and a family in Houston, those steps keep paychecks coming and life on track.

This guide is educational and general. If you want tailored advice, consider speaking with a qualified Texas DWI lawyer about your deadlines, record, and goals.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps

How to Fight a DWI in Texas & Legal Defenses


How to Fight a DWI in Texas & Legal Defenses

You can beat a DWI charge in Texas by combining fast action on your license (within 15 days) with a focused attack on the stop, the field tests, and the breath or blood evidence. For most working adults in Houston and across Harris County, the goal is to keep driving and minimize disruption for your job and family while the case is challenged. The sooner you secure key records and hearing dates, the more leverage you usually have to push for dismissal, reduction, or acquittal.

First 72 Hours: A Calm, Practical Checklist to Protect Your License and Job

If you were recently arrested, your clock is already running. In Texas, you typically have 15 days from the date you received notice of suspension to request an Administrative License Revocation (ALR) hearing. That hearing both preserves your driving privileges in the short term and creates an early chance to gather testimony and documents that can strengthen your defense later.

  • ALR request: File the hearing request before the 15-day deadline. Here is a step-by-step resource on how to request an ALR hearing before suspension.
  • Collect paperwork: Keep every document the officer gave you (temporary license, statutory warnings, tow receipt, citations) and photograph them in case originals get misplaced.
  • Write your memory while it’s fresh: Note where you were, what you drank (if anything), timing, medications, health issues, weather, shoes worn, and any comments or instructions the officer gave during field tests.
  • Secure your work schedule: Identify any business travel or child pickup times that could be affected by license restrictions so your defense plan accounts for those needs.
  • Stay off social media about the arrest: Even innocent comments can be taken out of context later.

You’re a provider with people counting on you. Taking these steps now keeps options open for your license, your work, and your case strategy.

Texas DWI in Plain English: What the State Must Prove

Under Texas law, a DWI generally requires proof that you were operating a motor vehicle in a public place while intoxicated—either because alcohol or drugs affected your mental or physical faculties or because your blood alcohol concentration (BAC) was 0.08 or higher. See the Texas Penal Code’s DWI chapter for the statutory framework (Texas Penal Code, Chapter 49).

For you, this means the defense can win in several ways: showing the stop lacked reasonable suspicion; showing the arrest lacked probable cause; revealing errors in field sobriety testing; exposing flaws in breath or blood testing; or excluding evidence altogether under Texas’ exclusionary rule. Even when a number like “0.13” appears on paper, the question is whether that number was obtained and documented in a reliable, admissible way.

Core DWI Dismissal Strategies: How the Best DWI Attorneys in Texas Analyze a Case

Every case has unique facts, but the blueprint to beat a DWI charge stays consistent. The defense examines the stop, the instructions and scoring of field tests, the timing and reliability of any breath or blood analysis, and all paperwork linking events together. For a broader overview of the main lines of attack, review these common legal strategies to challenge a DWI charge.

1) Illegal or Unsupported Traffic Stop

The stop must be based on articulable facts—speeding, weaving within a lane plus other indicators, equipment violations, or a specific traffic offense. If video shows the lane change was safe and signaled or that “weaving” was minimal and consistent with normal driving, the defense can argue the stop lacked reasonable suspicion. Without a valid stop, everything obtained afterward can be suppressed.

You shouldn’t lose your job or license because a hunch replaced actual facts. Video from the dash cam, body cam, nearby cameras, and even 911 audio often clarifies what really happened before the lights came on.

2) Field Sobriety Test (SFST) Problems

Standardized field tests—the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand—must be instructed and scored exactly as trained. Wet pavement, flashing lights, wind, heavy boots, knee or back issues, age, and nerves all affect performance. If the officer deviates from the standardized script or scores “clues” that aren’t supported by the video, the test loses reliability. A fair analysis also considers how long you were observed before testing and whether distractions or safety risks interfered.

When your balance or medical history is part of the story, those details deserve to be heard—on video, through records, and if needed by expert review.

3) Challenging Breathalyzer Results

Breath testing is only as sound as the machine, the operator, and the procedures. Common issues include an incomplete 15-minute observation period, mouth alcohol or recent belching/reflux, radio-frequency interference, improper calibration, and temperature or solution mix problems with the reference simulator. Texas’ implied consent law authorizes breath tests, but it also requires clear warnings to drivers (Transportation Code Chapter 724). Calibration logs, maintenance records, and the full printouts are critical, as is any room video of the testing process.

You are more than a number on a printout; procedures must be followed for that number to mean anything in court.

4) Blood Test and Chain-of-Custody Defenses

When blood is drawn, labs must maintain strict chain-of-custody and analytical integrity. The defense should obtain the kit lot numbers, labels and seals, transport times, refrigeration records, analyst credentials, chromatograms, quality-control runs, and instrument maintenance logs. If hospital blood was used, different procedures and equipment may apply. Cross-contamination, fermenting samples, or mislabeling can all undermine results. A single missing link in documentation can be enough to exclude or discredit the test.

5) Paperwork, Timelines, and the Exclusionary Rule

From the moment of the stop, the state generates forms and records: statutory warnings, temporary license, affidavits, test request/refusal documents, and lab submissions. Inconsistencies and timing gaps matter. Texas law suppresses evidence obtained in violation of law or constitutional protections—so if a key step was skipped or an affidavit is defective, downstream evidence may be inadmissible.

6) Video Evidence: The Most Honest Witness

Harris County cases often include dash and body-worn camera video. Clear speech, steady gait, or clean turns on video can outweigh an officer’s subjective “slurred speech” note. Conversely, if video is missing without good explanation, that can affect credibility. Requesting all angles—dash, body, station house, and breath room—ensures the record reflects what you actually did and said.

7) Medical and Non-Alcohol Explanations

Allergies, fatigue, diabetic hypoglycemia, neurological conditions, injuries, and certain medications can mimic or magnify SFST “clues.” Gastroesophageal reflux can inflate breath results; mouth alcohol from recent dental work or burping can skew readings. These are not excuses— they are legitimate variables recognized in training manuals and scientific literature.

DWI ALR Hearing Defense: Turn a Deadline Into an Advantage

The ALR hearing is not just bureaucratic; it’s a discovery opportunity. You can subpoena the officer, question the basis of the stop, and obtain documents that may not have been available otherwise. Even if the administrative judge upholds a suspension, the testimony can create powerful impeachment material for the criminal case. If a suspension does begin, you may be eligible for a form of restricted or occupational driving relief depending on your history and court orders.

Typical ALR suspension ranges are roughly 90 days for a first-time failure (BAC 0.08+), about 180 days for a first-time refusal, and up to two years with certain prior alcohol-related contacts—though specifics depend on your record and the facts. See the Texas Department of Public Safety’s overview of the ALR process for general background (Texas DPS: ALR Program).

For a working parent in Houston, protecting your ability to drive to work and school is often the first battle—and the ALR hearing is where that battle begins.

Micro-Story: How Early Action Shifted the Ground

Picture a mid-career technician in Harris County who left a late jobsite meeting and drove home on I-10. He was stopped for allegedly “weaving within the lane.” He requested an ALR hearing within the 15-day window, which gave his defense team time to subpoena the officer. The dash video showed steady speed and a single minor tire touch on the lane marker with no traffic affected. At the hearing, the officer admitted the driver signaled properly and made a safe turn moments before the stop. That testimony, preserved under oath, later helped the court find the stop unsupported, which undermined the breath test that followed. The administrative decision didn’t decide guilt or innocence, but the early hearing made the difference in developing the dismissal strategy.

Step-by-Step Roadmap to Beat a DWI Charge in Texas

Use this practical sequence to keep your job and life stable while mounting a strong defense. For additional detail, see these practical steps for beating a DWI in Texas.

  1. Calendar the ALR deadline immediately. Day 0 is usually the date of arrest or the date you were served notice of suspension. Request the hearing well before day 15.
  2. Secure video evidence. Ask for dash cam, body cam, station house, and breath-test room video. Time is critical; retention policies vary by agency.
  3. Request all SFST materials. Obtain the officer’s training certificates, SFST field notes, and the standardized scripts/checklists used that night.
  4. Demand breath test records (if applicable). Seek calibration/maintenance logs, simulator solution certificates and temperatures, control test results, the 15-minute observation documentation, and any radio-frequency interference logs.
  5. Demand blood test records (if applicable). Request chain-of-custody forms, kit lot numbers, analyst credentials, lab bench notes, chromatograms, control samples, retest data, and temperature logs for transport/storage.
  6. Collect all paperwork. Obtain copies of statutory warnings, temporary license forms, tow/impound paperwork, offense report, and any affidavits used for warrants.
  7. Check for medical factors. Gather prescriptions, medical records, and statements from your doctor about conditions that may affect balance, eyes, speech, or breath alcohol.
  8. Map your personal schedule constraints. If you anticipate restricted driving, list must-drive windows for work, childcare, or medical appointments to support a tailored driving plan if needed.
  9. Analyze the stop and arrest timeline. Build a minute-by-minute chronology using CAD logs, 911 audio, video timestamps, and reports. Missing minutes matter.
  10. Identify motions and defenses. Suppression motions for the stop or arrest, challenges to test admissibility, and procedural defects all set the stage for negotiation or trial.

This roadmap balances two priorities you care about: keeping you driving and weakening the state’s case step by step.

Misconceptions That Cost Texans Their Licenses (and How to Avoid Them)

  • Myth: “If I blew over 0.08, I’m automatically guilty.” Reality: Numbers are only as reliable as the process. Observation periods, mouth alcohol, calibration, and medical factors can invalidate breath results.
  • Myth: “Refusing the test helps me avoid consequences.” Reality: Refusal can trigger a longer ALR suspension and may be used as evidence. The better approach is informed, case-specific guidance before making choices—especially about testing.
  • Myth: “Pleading early makes the case go away cheaper.” Reality: Early pleas can lock in license suspensions, fines, and criminal records. Strategic delays for discovery, motions, and hearings often improve outcomes.

Penalties and Timelines That Matter in Houston and Nearby Counties

Texas penalties vary by offense level and BAC. A first-time DWI is typically a Class B misdemeanor with up to 180 days in jail, up to a $2,000 fine, and a possible license suspension that often ranges from 90 days to one year. A BAC of 0.15 or higher elevates the charge to Class A with higher potential penalties (including up to a $4,000 fine and up to one year in jail). Repeat offenses can produce longer jail ranges and multi-year license suspensions; certain circumstances can turn a DWI into a felony charge.

On top of fines, Texas imposes a “state traffic fine” after conviction—commonly $3,000 for a first conviction within 36 months, $4,500 with a prior within 36 months, and $6,000 if the BAC was 0.15 or greater. See Transportation Code Section 709.001 for details on state assessments (Transportation Code 709).

In Harris County, most misdemeanor DWIs move through county criminal courts. Typical milestones include an arraignment, discovery exchanges, motion settings (such as a suppression hearing), and plea/trial settings. Timelines vary by court docket and case complexity—what matters for you is using each setting to push for more information, more leverage, and ultimately a better outcome.

How Evidence Problems Lead to DWI Dismissal Strategies

Fixable errors are common in complex systems. When an instrument is out of tolerance, a form is incomplete, or a step is skipped, the law provides remedies. Dismissal isn’t automatic, but when the stop is invalid, when tests become inadmissible, or when crucial chain-of-custody links fail, the prosecution’s case can weaken to the point where dismissal or a non-DWI resolution becomes realistic.

Your objective is practical: keep your license, your job, and your family stable. Evidence-based challenges are how you get there.

For Different Readers With Different Priorities

Analytical Strategist: You want a step-by-step plan and proof points. Expect a written timeline of the stop and arrest; a discovery calendar with request dates and due dates; a pretrial motion plan; and a summary chart showing how each defect (e.g., missing observation period, calibration lapse) affects admissibility. Data point: many Texas DWI cases pivot on video versus narrative—clear video contradicting “slurred speech” or “unsteady gait” can materially change negotiation posture.

Status-Conscious Executive: Discretion and outcome focus matter. Insist on predictable communication, limited court appearances where allowed, and clearly defined goals (license preservation, travel needs, confidentiality). A low-profile approach can be paired with aggressive behind-the-scenes discovery and motion practice.

High-Net-Worth Concerned: You want senior-level attention, controlled exposure, and thorough technical review. That typically includes independent lab consultations, expert review of chromatograms and calibration, and a strategy to protect professional licenses, travel visas, and insurance concerns.

Carefree Young Adult: A DWI isn’t “just a ticket.” Even a first offense can affect insurance rates for years, restrict driving, and complicate job searches. Missing the 15-day ALR window alone can mean months without a normal license—often the costliest mistake of all.

FAQs: Key Questions Houston Drivers Ask About How to Beat a DWI Charge

How long do I have to request an ALR hearing in Texas?

Usually 15 days from the date of arrest or notice of suspension. If you miss that deadline, the suspension can start automatically, and you lose a valuable discovery opportunity. File early to preserve your license and obtain sworn testimony that may help the criminal case.

Can I keep driving in Houston while my DWI is pending?

Yes, in many cases you can continue to drive while the case is pending, especially if you promptly request an ALR hearing. If a suspension begins, you may be eligible for a restricted or occupational license depending on your record and court orders.

Are breathalyzer results unbeatable if they show 0.08 or higher?

No. Breath results can be attacked on the observation period, mouth alcohol, calibration, maintenance, and operator error. The defense typically demands logs, videos, and supporting data to test the reliability of the number.

What are realistic outcomes for a first DWI in Harris County?

Outcomes range from dismissal or reduction to a negotiated resolution or trial verdict; the facts and evidence determine what is realistic. Weak stops, flawed tests, and missing paperwork can lead to better outcomes, while strong videos and clean lab documentation can reduce leverage.

Will a Texas DWI stay on my record forever?

A conviction is generally permanent, but non-disclosure or expunction may be possible in certain limited circumstances (for example, a dismissal or not guilty). Each option has strict eligibility rules and waiting periods.

Closing Guidance: Why Acting Early Matters

Getting informed quickly is the single best way to beat a DWI charge or improve your outcome. Acting within the first two weeks lets you preserve video, request the ALR hearing, subpoena the officer, and lock down records before they go stale. You are a practical, family-focused adult with real responsibilities—approach your defense the same way: organized, evidence-first, and mindful of both your license and your long-term record.

For help planning logistics like parking, timing, or which office is closest, see the Butler Law Firm office locations and contact details. If you want to explore more Q&A-style explanations before you speak with a lawyer, this optional resource may help: interactive Q&A resource with DWI tips and FAQs.

Legal References for further reading: Texas Transportation Code Chapter 724 (Implied Consent); Texas DPS: ALR Program; Texas Penal Code Chapter 49 (Intoxication Offenses).

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps

Friday, November 28, 2025

The Ultimate Guide to DWI Charges in Texas


The Ultimate Guide to DWI Charges in Texas

Under Texas DWI laws, you can be charged with Driving While Intoxicated if you operate a motor vehicle in a public place while intoxicated—meaning your normal mental or physical faculties are impaired by alcohol or drugs, or your blood alcohol concentration is 0.08% or higher (0.04% for commercial drivers). In practical terms, penalties can include fines, license suspension, possible jail, and ignition interlock requirements, and after an arrest you generally have 15 days to request an ALR hearing to fight an automatic license suspension. This guide explains what counts as DWI, legal BAC limits, what happens after arrest, likely penalties, and realistic next steps for drivers in Houston and nearby Texas counties.

Your 10‑Step Roadmap After a Texas DWI Arrest (Plain‑English, Right Now)

Mike, if you’re in your mid‑30s juggling a construction team and a family calendar, here’s a calm, direct plan. Follow it step‑by‑step to protect your license, job, and future.

  1. Request your ALR hearing within 15 days. If you don’t, your license can be automatically suspended on the 40th day after your arrest or notice of failure/refusal. Learn exactly how to request an ALR hearing before suspension.
  2. Calendar all dates immediately. Put the ALR deadline and your first court setting on your phone and a wall calendar. Expect the first court appearance in Harris County within a few weeks of arrest.
  3. Gather key papers and digital info. Bail receipt, tow or property slips, temporary driving permit, any receipts showing limited drinking, phone location data, and names of witnesses. Save body‑cam or dash‑cam request receipts if you made them.
  4. Document medical issues the same day. Acid reflux, diabetes, injuries, fatigue, neurological or balance conditions and prescriptions can affect field sobriety or breath/blood readings. Keep proof in one folder.
  5. Write a private timeline. From first drink to the stop, list times, amounts, food, medications, and interactions. Do this while fresh—do not post online.
  6. Stay off social media about the case. Screenshots live forever. Refuse unchecked statements to anyone but your legal team.
  7. Confirm your mailing address with DPS and the court. Missed mail equals missed hearings. The best defense fails if you don’t show up.
  8. Plan for work coverage on court days. In Houston, court usually starts early. Arrange crew coverage so you can be fully present.
  9. Consider transportation backups now. If a suspension starts, an occupational license may keep you commuting. Expect strict rules and potential ignition interlock.
  10. Consult a qualified Texas DWI lawyer early. Early counsel helps with ALR, evidence preservation, and negotiating options without promising outcomes.

Two quick realities: (1) Silence is allowed—polite, minimal answers keep things from getting worse; and (2) Small details (like work boots affecting balance tests) can become big leverage later.

Texas DWI Laws: What Counts as DWI and the Legal BAC Limits

Texas defines DWI under Penal Code Chapter 49 as operating a motor vehicle in a public place while intoxicated. “Intoxicated” means either (a) lacking the normal use of mental or physical faculties because of alcohol, drugs (including lawful prescriptions), or a combination, or (b) having a BAC of 0.08% or more. Commercial drivers face a 0.04% limit while operating a commercial vehicle, and drivers under 21 are subject to a near‑zero tolerance rule under separate provisions.

For a deeper primer that stays in plain English, see this overview of what legally qualifies as a DWI in Texas. If you prefer the statutory text, review Texas Penal Code Chapter 49.

  • 0.08% BAC for most adult drivers (per se DWI).
  • 0.04% BAC for CDL holders operating a commercial vehicle.
  • Any detectable alcohol for under‑21 drivers may result in separate “DUI by a minor” consequences.
  • No‑number DWI still exists: even without a breath/blood number, prosecutors can rely on officer observations, video, and field tests.

Why this matters to you: even if you’re sure you “felt fine,” the law doesn’t require slurred speech or a high number if the State claims lost normal faculties. That’s why preserving video, medical documentation, and accurate timelines matters.

The DWI Arrest Process in Texas (Houston/Harris County Focus)

Knowing the process reduces fear. Here’s what typically happens from the roadside to the first court setting in Harris County and nearby counties.

1) The Stop and Initial Questions

Most stops begin with a traffic violation or a welfare check. The officer observes driving, smell of alcohol, eyes, speech, and movements. You must identify yourself; beyond that, you can keep answers minimal and polite.

2) Field Sobriety Testing

Officers may request standardized field sobriety tests (HGN “eye test,” Walk‑and‑Turn, One‑Leg Stand). Weather, footwear, injuries, fatigue, and nerves affect performance. Portable breath tests at the roadside are generally used for probable cause, not the courtroom number.

3) Arrest, Implied Consent Warnings, Breath/Blood Testing

Once arrested, Texas’s implied consent law kicks in. You’ll receive DIC‑23/24 warnings about refusing or failing a chemical test. Refusal can trigger an ALR suspension; failing above 0.08 can, too. In many Houston cases, officers seek a blood warrant if you refuse.

4) Release, Bond Conditions, First Court Date

After booking, many first‑time defendants are released on bond with conditions (no alcohol, IID if ordered, travel limits). The court date appears on your paperwork; missing it can lead to a warrant.

5) Two Tracks Start: Criminal Case and ALR

The criminal case proceeds in a Harris County Criminal Court at Law (or a district court for felony DWIs). The ALR case is a separate civil proceeding with the State Office of Administrative Hearings about your license. Read about the ALR program at the Texas DPS Administrative License Revocation program.

Micro‑story: “Mike,” a foreman, was stopped on I‑10 at 3:15 a.m. after a lane change without signaling. He wore steel‑toe boots and had a knee strain from work. On video, his Walk‑and‑Turn looked wobbly. His blood result later read 0.09. The defense highlighted the knee injury, uneven shoulder of the road, and heavy footwear; lab discovery revealed a potential sample‑handling issue. Months later, the case resolved short of trial with conditions that protected his job and driving—no promises, just careful work with facts.

DWI Penalties Texas: What You’re Really Facing

Consequences vary with your history, BAC, and facts. This overview is not a guarantee—think of it as a realistic map of possibilities under Texas DWI laws.

  • First DWI (Class B misdemeanor): 72 hours to 180 days in jail (minimum 6 days if an open container), up to $2,000 fine, and license suspension typically 90 days to 1 year. A BAC of 0.15+ can be charged as a Class A misdemeanor (up to 1 year in county jail and up to $4,000 fine).
  • Second DWI (Class A misdemeanor): 30 days to 1 year in jail, up to $4,000 fine, and license suspension up to 2 years; ignition interlock commonly required during bond and as a condition of any probation.
  • Third DWI (third‑degree felony): 2 to 10 years in prison, up to $10,000 fine, and longer license consequences.
  • With child passenger (under 15): State jail felony: 180 days to 2 years and up to $10,000 fine.
  • State “DWI fines” upon conviction (in addition to court fines): $3,000 for a first conviction, $4,500 for a second, or $6,000 if BAC was 0.15+.

For a fuller plain‑language breakdown, see this summary of likely DWI penalties and license consequences. License suspensions also flow from ALR results: a first test failure often triggers a 90‑day suspension; a first refusal often triggers a 180‑day suspension. Prior alcohol‑related contacts within 10 years can lengthen those periods.

Occupational (Essential‑Needs) License Snapshot

If you face suspension, an occupational license may allow limited driving for work, school, and household needs. Expect proof of insurance, a court order, possible waiting periods, strict log requirements, and IID in some scenarios. Judges in Harris County often have specific forms and procedures; precision and patience matter.

Financial Reality Check

The total cost of a first DWI—fines, fees, classes, interlock, insurance, and missed work—can run into the thousands of dollars over a year or two. Planning early helps you control what you can, especially keeping your job steady and your license usable.

Timeline, Data Points, and What “Resolution” Usually Looks Like

Analytical readers want the likely path, not hype. Here’s a general, evidence‑based view for Houston‑area cases (individual facts vary):

  • ALR hearing: If timely requested, it’s often scheduled within 60–120 days. Officers sometimes appear by phone or video; if they don’t, that can affect the State’s ALR case.
  • Discovery: Body‑cam, dash‑cam, 911 audio, reports, intoxilyzer records, and lab packets arrive in waves. Blood lab results can take weeks to months depending on backlogs.
  • Case length: Many first‑offense cases resolve in about 6–12 months in Harris County; some faster, some slower, especially with blood warrants, expert reviews, and motion practice.
  • Common outcomes: Non‑trial dispositions are frequent statewide. Results range from dismissals to reductions or negotiated probation with classes, community service, and interlock—no guarantees, but these are standard tools in the system.

How this helps you: seeing the arc ahead calms the day‑to‑day stress. You can plan child care, job coverage, and transportation with realistic checkpoints.

Defense Building Blocks: From Field Tests to Bloodwork

Strong defenses rarely turn on a single magic fact; they come from stacking small, credible points that raise doubt or suppress weak evidence. Here are common lanes defense teams explore in DWI cases under Texas DWI laws:

  • The stop: Was there a lawful basis? Lane drift for a second on a pothole‑ridden road at 2 a.m. isn’t always reasonable suspicion, depending on the totality of circumstances.
  • Field tests: Were instructions correct? Was the surface level? Did medical conditions, footwear, or lighting skew performance? Are the clues counted properly?
  • Video: Does the body‑cam/dash‑cam match the report? Calm speech, steady steps, and normal interactions can undercut “intoxicated” descriptions.
  • Breath testing: Was the machine maintained and certified? Were 15‑minute observation requirements followed? Do GERD or dental work create mouth‑alcohol issues?
  • Blood testing: Was the warrant valid? Were vials, preservatives, and chain of custody handled correctly? Any lab‑level uncertainty, contamination risks, or fermentation effects?
  • Timeline biology: Was your BAC rising or falling? Widmark calculations, food intake, and drinking patterns can change back‑extrapolation math significantly.

Misconception to correct: “If the test shows 0.08 or higher, the case is over.” Not true. Machines, methods, human steps, and biology are all testable, and juries learn about reasonable doubt from those details.

DWI Expungement Process vs. Record Sealing (Know the Difference)

Many people ask about “expunging” a DWI. In Texas, expunction generally erases the record but is typically available only when a case is dismissed, you are acquitted, or you qualify for other specific statutory grounds. A conviction for DWI is not expunged. However, some first‑offense DWIs may qualify for an Order of Nondisclosure (record sealing) if you meet statutory criteria, wait the required time, and complete conditions. For one statutory reference, review Texas Government Code §411.0731 and related sections.

  • Expunction (best‑case erasure): Usually requires dismissal or acquittal; strict waiting times and limits apply.
  • Nondisclosure (sealing): Often possible for certain first‑offense DWIs after a waiting period that can be shorter with ignition interlock compliance; sealing hides the record from most public background checks but not all government agencies.
  • Takeaway: Early strategy affects later sealing options. How you resolve the case today shapes tomorrow’s job and licensing background checks.

If protecting employment is your top goal, ask a qualified Texas DWI lawyer how different resolutions will affect sealing eligibility—especially if you work with a commercial driver’s license, hold a professional license, or must clear contractor badging for plants around Harris County.

Secondary Reader Spotlights

Different readers look for different angles. These quick spotlights speak directly to common needs we see in Houston‑area DWI cases.

Analytical Planner (Ryan/Daniel): data, timelines, and evidence‑based choices

  • Map your case to a timeline: ALR (60–120 days), discovery (rolling), motion practice (as needed), negotiation windows (often after key evidence arrives), and trial settings (set and reset as labs and calendars change).
  • Build an evidence ledger: video obtained, medical records requested, machine logs pulled, expert consulted, and lab packets reviewed. Close gaps one by one.
  • Evaluate plea vs. trial as a decision tree with branches for license, cost, time, and long‑term record impact—not just “guilty/not guilty.”

Status Protector (Jason/Sophia/Marcus): privacy and high‑touch handling

Discretion matters. Ask about confidential scheduling, minimal in‑court appearances when allowed, remote consults, and communication practices that respect privacy. Some matters permit lower‑profile approaches without sacrificing rigor; policies vary by court and case facts.

Professionals‑at‑Risk (Elena): licensure, HR, and board reporting

Many licenses and employers require timely self‑reporting of certain arrests or convictions. Clarify your obligations early, including how an ALR result, a temporary occupational license, or ignition interlock may affect your credentialing or plant/site access. Plan documentation so HR sees stability and compliance, not chaos.

Unaware Young Adult (Tyler): the compact “cost of inaction” box

  • Miss the 15‑day ALR deadline → automatic suspension risk on day ~40.
  • Conviction adds a state DWI fine of $3,000–$6,000 on top of court fines.
  • Insurance increases can last years and cost more than the fine itself.
  • Skipping court = warrant, arrest at work, and towed vehicle fees you didn’t plan for.

Frequently Asked Questions About Texas DWI Laws (Houston‑Focused)

Will I automatically lose my license after a DWI arrest in Texas?

Not automatically—but you must act. You generally have 15 days from receiving notice of failure or refusal to request an ALR hearing. If you don’t, an automatic suspension can begin on the 40th day. Winning the ALR or obtaining an occupational license can keep you driving within strict limits.

Is a first DWI in Houston a felony?

Usually no. A first DWI is typically a Class B misdemeanor, or Class A if BAC is 0.15+. It becomes a felony if it’s a third or more DWI, or if a child under 15 was in the vehicle, or if intoxication caused serious injury or death under related offenses.

How long does a DWI stay on my record in Texas?

A DWI arrest and case can remain on your record indefinitely unless you qualify for expunction (rare, typically after dismissal or acquittal) or for an order of nondisclosure (sealing) on eligible first‑offense outcomes. Sealing hides the case from most public checks but not from all government or licensing agencies.

Are breath and field sobriety tests reliable?

They can be challenged. Field tests are sensitive to instructions, surfaces, footwear, injuries, and nerves; breath machines require maintenance, observation periods, and correct procedures. Video, medical records, and expert review often determine how much weight a court gives to these tests.

How fast can a Houston DWI case be resolved?

Some cases resolve in a few months; many take 6–12 months, especially if blood testing, expert review, and motion hearings are involved. Complex cases or lab backlogs can extend timelines. Planning for work coverage on anticipated court dates reduces stress and surprises.

Closing Guidance: Why Acting Early Matters

Early action preserves your license rights, locks down evidence, and shapes better outcomes without any guarantee. Put the ALR deadline on your calendar, centralize your paperwork, and consider a consult with a qualified Texas DWI lawyer who handles Houston‑area courts regularly. If you want a quick, interactive way to explore next steps and common questions, try this interactive Q&A: quick Texas DWI tips and next steps.

Remember: your case is unique. Nothing here promises a specific result or compares services. This is an educational roadmap to help you make informed, steady decisions for your job, family, and future.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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Special DWI Cases & High‑Risk Offenders: A Houston Guide to Felony DWI in Texas


Special DWI Cases & High‑Risk Offenders: A Houston Guide to Felony DWI in Texas

In Texas, a DWI becomes a felony when it is a third DWI, involves serious bodily injury (intoxication assault), causes a death (intoxication manslaughter), or occurs with a child passenger under 15; commercial drivers (CDL holders) also face mandatory commercial disqualification even on a first offense. If you are a strategic professional in Houston or Harris County, understanding these triggers—plus the licensing deadlines that arrive within days of arrest—can be the difference between a controlled, data‑driven defense and lasting career damage.

This guide walks through what legally turns a Texas DWI into a felony, what happens when a DWI involves injury or a child passenger, how CDL rules raise the stakes, and how high‑profile professionals can manage risk, evidence, and reputation. It uses plain language and conservative, statute‑based ranges so you can evaluate next steps with clarity.

Overview: What elevates a DWI to a felony in Texas?

If you’re facing potential felony DWI in Texas, ask first whether any statutory “enhancers” apply. For quick orientation, see this primer on what legally turns a Texas DWI into a felony. The common pathways are:

  • Third‑offense DWI (anywhere): Two prior intoxication‑related convictions can elevate a new DWI to a third‑degree felony under Penal Code 49.09.
  • DWI with a child passenger: Driving while intoxicated with a passenger under 15 is a state jail felony (Penal Code 49.045).
  • DWI with injury (Intoxication Assault): Serious bodily injury by reason of intoxication is a third‑degree felony, with enhancements when the injured person is a first responder or judge (Penal Code 49.07, 49.09).
  • DWI causing death (Intoxication Manslaughter): Causing death by reason of intoxication is a second‑degree felony (Penal Code 49.08).

You want to know exactly which statute the charge references because penalty ranges, collateral consequences, and defense options shift with the section and degree. In Harris County courts, charging decisions follow Texas law statewide, but case handling logistics—from docket settings to available specialty programs—can vary by county.

Key definitions that drive felony exposure

“Serious bodily injury” and “by reason of intoxication”

For DWI with injury (Intoxication Assault), prosecutors must prove that serious bodily injury occurred and that intoxication caused the injury—not merely that alcohol was present. “Serious bodily injury” means a substantial risk of death, serious permanent disfigurement, or long‑term impairment. The causation element is often central to defense strategy, especially when other factors (speeding by another driver, roadway defects, mechanical failure) could have caused the harm. For statutory language, review Penal Code 49.07 on a neutral source such as the Texas Penal Code 49.07.

Child passenger under 15

DWI with child passenger is a state jail felony, even for a first DWI. “Child” means under 15. The case turns on whether the person was intoxicated while operating a motor vehicle in a public place and whether a qualifying passenger was in the vehicle. Because this charge elevates even an otherwise misdemeanor stop, early evidence review (who was in the car, age proof, seat placement, body‑cam audio) is crucial.

Two prior DWIs (or one prior intoxication manslaughter)

Two prior convictions for intoxication‑related offenses can elevate a new DWI to a third‑degree felony; one prior intoxication manslaughter can do the same. The timing and type of priors matter; the enhancement rule lives in Penal Code 49.09. This is a frequent point of confusion: the third DWI can be a felony even if the new incident had no crash or high BAC; the elevation is driven by history, not just facts of the new stop.

CDL‑specific rules

CDL holders face a separate layer of risk. A first “major offense” (such as DWI under state law, even in a personal vehicle) triggers a one‑year CDL disqualification under Texas Transportation Code 522.081—three years if transporting hazardous materials. A second “major offense” can mean lifetime disqualification, with narrow reinstatement options. See the statutory framework at Texas Transportation Code 522.081.

Misconception to avoid: “If I blew under 0.08, I can’t be charged.” In Texas, prosecutors can proceed based on loss of normal mental or physical faculties even with a BAC under 0.08. For CDL drivers operating a commercial vehicle, 0.04 is the federal per‑se threshold for disqualification, but state DWI charges still use 0.08 for adults in most non‑CMV contexts.

Penalty ranges and collateral consequences (what’s realistically at stake)

Below are conservative, statute‑based ranges frequently referenced in felony DWI matters. Your exposure depends on the exact charge, prior history, and any enhancements alleged.

  • State jail felony (e.g., DWI with child passenger): 180 days to 2 years in a state jail facility; fine up to $10,000; potential driver’s license suspension; eligibility limits for probation vary by facts and history.
  • Third‑degree felony (e.g., third DWI; intoxication assault): 2–10 years in TDCJ; fine up to $10,000; license suspension; ignition interlock requirements when applicable.
  • Second‑degree felony (e.g., intoxication manslaughter): 2–20 years in TDCJ; fine up to $10,000; other statutory conditions may apply.

For a structured overview of misdemeanor and felony DWI outcomes, see this detailed breakdown of Texas DWI penalties and punishments. Note: sentencing in Houston and nearby counties follows state ranges but local policies, specialty dockets, and victim‑impact requirements can influence how a case is resolved.

DWI and commercial drivers (CDL): what changes for you

If you hold a CDL or work in a CDL‑adjacent role (fleet manager, safety‑sensitive logistics, refinery/plant transport), a single alcohol‑related incident can jeopardize years of training and route seniority. Two parallel systems are involved: the criminal DWI case and the administrative disqualification of commercial privileges. Under Texas Transportation Code 522.081, a first “major offense” (including a DWI in your personal vehicle) carries a one‑year CDL disqualification; it jumps to three years if hazardous materials were involved, and repeat major offenses can trigger lifetime disqualification with limited reinstatement mechanisms. Review the statute at Texas Transportation Code 522.081.

Separately, Texas’s ALR process can suspend your basic (non‑commercial) license for a test failure or refusal, which can indirectly affect CDL status. DPS explains the ALR timeline and deadlines on its Administrative License Revocation (ALR) page. The takeaway for CDL professionals is simple: day‑one decisions—including requesting the ALR hearing on time and preserving video and chemical‑test data—can determine whether you remain employable in the near term.

DWI with injury and DWI with child passenger: what prosecutors must prove

Intoxication Assault (the “DWI with injury” felony)

The State must prove: (1) operation of a vehicle in a public place; (2) intoxication; and (3) by reason of that intoxication, serious bodily injury to another. Not every crash with alcohol is an intoxication assault. Defense commonly focuses on causation (what actually produced the injury) and the medical evidence supporting “serious” injury. The statute is at Penal Code 49.07.

DWI with child passenger

This state jail felony is charged when any passenger under 15 is in the vehicle during the intoxication offense. Body‑cam and in‑car video can clarify who was in the vehicle, ages, and whether an adult was actually operating at the relevant time—issues that matter when multiple adults are present or when a stop begins after a vehicle change. Because potential penalties include confinement, judges and prosecutors scrutinize safety and supervision circumstantially (e.g., car seat use, time of day) even though those facts are not elements of the offense.

Process and deadlines: a 0–90 day roadmap after arrest in Houston/Harris County

Felony DWI cases run on two tracks from day one: the criminal case and the driver’s license (ALR) process. Here is a practical, date‑driven roadmap for the first 90 days following arrest.

  1. Day 0–1: Notice and paperwork. If you failed or refused testing, the officer typically serves a “Notice of Suspension/Temporary Driving Permit” (the DIC‑25). This triggers an ALR deadline.
  2. By Day 15: File the ALR hearing request. DPS must receive a timely request within 15 days of notice or the suspension starts around Day 40 after notice. See a step‑by‑step explainer on the timeline and steps for requesting an ALR hearing and DPS’s own ALR Program overview.
  3. Day 1–14: Evidence preservation. Send preservation letters and subpoenas for dash‑cam, body‑cam, breath‑test maintenance logs, and lab chromatograms; ask medical providers for EMS/hospital records when a crash is alleged. Fast action guards against routine data overwrite cycles.
  4. Day 15–45: ALR hearing set and discovery opens. SOAH settings often land within several weeks. Winning at ALR can keep you driving while the criminal case proceeds and may yield sworn testimony helpful to a suppression motion.
  5. Day 30–60: Case audit and early motions. Expect a first setting in a Harris County felony court relatively quickly. Early, targeted motions (stop legality, probable cause for arrest, breath/blood test foundation) can shape negotiations.
  6. Day 60–90: Strategy checkpoint. Reassess trial posture versus targeted reduction options based on the evidence you now possess. If you hold a CDL or a professional license, adjust priorities to address licensing timelines in parallel.

As a working professional, this timeline keeps you proactive instead of reactive. Missing the ALR window can mean an avoidable license suspension at precisely the time you need mobility for work and family.

Defense frameworks for felony DWI in Texas

Solution‑aware readers often ask, “What are the actual levers?” Think in labeled modules so you can map your facts to viable motions and negotiation themes.

1) The stop and detention

  • Reason for stop: Was there a specific traffic violation or reasonable suspicion? Video compared to the narrative often exposes gaps.
  • Expansion of the stop: Did officers extend the encounter without new, articulable facts? A prolonged detention can be suppressible.

2) Field Sobriety Tests (SFSTs)

  • Administration and scoring: Are the HGN, Walk‑and‑Turn, and One‑Leg Stand done per NHTSA? Medical or environmental factors (boots, gravel, injuries) can invalidate scoring.
  • Video alignment: Does what you see on camera match the report’s “clues” count? Inconsistencies matter.

3) Breath or blood testing

  • Breath testing: Look for maintenance logs, operator certifications, and potential mouth‑alcohol issues. Temperature, breath volume, and instrument messaging can matter.
  • Blood testing: Chain of custody, anticoagulant/preservative ratios, lab methods, and retrograde extrapolation are frequent battlegrounds—especially where timing between driving and draw is long.

4) Crash and causation (injury/death cases)

  • Reconstruction: Speed analysis, sight lines, and third‑party negligence can provide alternate causation trajectories.
  • Medical proof of “serious” injury: Imaging and specialist notes can undermine the “serious bodily injury” element when deficits resolve quickly or when the diagnosis does not meet statutory thresholds.

5) Child passenger cases

  • Occupant identity and age: Confirm actual age, who was operating, and the moment of “operation.”
  • Vehicle and stop timing: If the officer initiated contact after a parking maneuver or driver switch, the timeline may affect the elements of operation in a “public place.”

6) CDL overlays

  • Parallel rules: Understand DOT post‑accident testing, employer reporting, and state ALR. A dismissal in criminal court does not automatically erase a CDL disqualification.
  • Long‑range planning: For drivers near retirement or promotion, the goal may be minimizing commercial downtime rather than maximizing criminal‑case speed.

Micro‑story: a realistic scenario for a strategic professional

“S,” a mid‑career project manager in the Energy Corridor, was rear‑ended on I‑10 and later arrested for DWI after officers smelled alcohol. No one was seriously hurt, but a coworker’s 13‑year‑old was in the back seat—triggering a state jail felony allegation for child passenger. S’s core fear was losing a leadership track role and the ability to commute to two large sites. Within the first week, S preserved dash‑cam footage from surrounding vehicles via subpoenas, obtained pediatric age documentation (showing the passenger was actually 15), and challenged the prolongation of the stop. The child‑passenger enhancement was declined; the ALR was won when the officer failed to appear after subpoena. The criminal case still required effort, but the early, precise steps prevented an automatic license hit and removed the felony label from the discussion at work. Every fact pattern is different, but the sequence—preserve evidence, meet deadlines, narrow the issues—is constant.

For executives and other high‑profile offenders: managing discretion and media risk

If you supervise teams, report to a board, or carry public‑facing responsibilities, a DWI allegation creates two hazards: the legal case and the reputational case. In Houston, local media sometimes publish arrest lists and crash reports; early filings and court settings are public. Practical risk‑control includes:

  • Information hygiene: Limit internal disclosures to need‑to‑know HR/legal contacts. Use secure, attorney‑client channels for documents and video links.
  • Calendar discipline: Avoid missed settings that create public bench‑warrant entries.
  • Message planning: Draft a neutral, one‑line statement for any unavoidable inquiries (“I’m addressing a pending legal matter and have no comment.”).
  • Resolution targeting: Some outcomes reduce long‑term searchability. Discuss with a qualified Texas DWI lawyer which dispositions are most protective of professional reputation.

You are not just protecting your case—you are protecting leadership credibility. Use a calm, structured communication plan so the legal process does not spill into your teams or the press unnecessarily.

Quick, practical checklist for working parents

  • Mark the Day‑15 ALR deadline and confirm the request was received.
  • Document childcare and transportation coverage for the next 60 days to ensure court and ALR appearances do not disrupt school pickups.
  • Collect health documentation if a child passenger was present (age verification, seating) to clarify facts.
  • Secure temporary transportation options in case of a short suspension; discuss occupational license viability with a Texas DWI attorney.

Outcome patterns: what conservative expectations look like

For felony DWI categories, outright dismissals are less common than negotiated reductions or conditional resolutions—unless a key element (stop, intoxication proof, or causation) is successfully challenged. Where chemical tests are suppressed or video sharply contradicts the report, leverage increases. Conversely, injury cases with strong medical proof and clear causation typically narrow the negotiation window. The most reliable tactic is to build a documented merits file within the first 30–60 days so that any discussions are evidence‑driven rather than deadline‑driven.

FAQs: Top questions Houston drivers ask about Felony DWI in Texas

Is a third DWI a felony in Texas?

Yes. If you have two prior intoxication‑related convictions, a new DWI can be charged as a third‑degree felony under Penal Code 49.09. The third case does not need a crash or high BAC to be a felony; the elevation is based on prior history.

How is “DWI with injury” different from a regular DWI?

“DWI with injury” refers to Intoxication Assault: prosecutors must prove serious bodily injury and that intoxication caused it. It is a third‑degree felony with potential enhancements when certain public officials are injured. Causation and the medical record are often decisive issues.

I’m a CDL holder in Houston—will I lose my commercial license after a DWI?

CDL consequences are severe. A first “major offense,” including a DWI even in a personal vehicle, can disqualify you from operating a CMV for one year (three if hazardous materials were involved). A second major offense risks lifetime disqualification, subject to limited reinstatement rules under Texas Transportation Code 522.081.

How fast do I need to act to protect my Texas driver’s license?

Very quickly. You generally have 15 days from receiving the suspension notice to request an ALR hearing; if you do nothing, DPS suspends on or about Day 40 after notice. A timely request can keep you driving while the case proceeds and may yield discovery valuable to the criminal defense.

Can a felony DWI conviction be sealed or expunged in Texas?

Felony DWI convictions are not eligible for nondisclosure (record sealing) under current Texas law. Expunction is typically limited to dismissals, acquittals, or certain no‑bill outcomes—not convictions. Ask a Texas DWI lawyer about eligibility if your case ends without a conviction.

Secondary‑reader mini‑sections (targeted guidance)

Working-Parent Worried About License: Focus on the ALR clock and childcare logistics. Put the ALR request and first court date on a shared family calendar, arrange backup rides, and keep documentation (school schedules, medical appointments) that shows stability; judges often view reliable scheduling positively in release and compliance decisions.

Executive/Leader Needing Discretion: Emphasize confidentiality, narrow internal disclosure, and tight calendar control. Seek options that minimize public filings and reset settings that conflict with visible company events to reduce reputational noise.

High-Net-Worth Client Demanding Results: Expect direct attorney involvement at key choke points—ALR hearing, suppression motions, crash‑causation workup, and negotiations. Insist on a written litigation plan with evidence milestones and decision gates tied to specific dates.

Young & Uninformed: Two blunt facts: you likely have 15 days to request ALR or your license will suspend around Day 40, and even a first DWI can trigger thousands in fines, fees, and insurance surcharges. Missing deadlines is the fastest way to turn a manageable case into a long‑term problem.

Closing guidance: why acting early matters in felony‑risk DWI cases

Early action unlocks options: it preserves video, anchors ALR deadlines, and forces a merits‑first review instead of a calendar‑driven plea. For Felony DWI in Texas—including DWI with injury, DWI with child passenger, and DWI and commercial drivers—the first 30–60 days are where license preservation, evidence integrity, and negotiation leverage are built. A qualified Texas DWI lawyer can help you map the statutes to your exact facts and prioritize steps that protect both mobility and professional reputation.

Sources and neutral references

About this educational guide

This article is informational and based on Texas statutes and publicly available agency guidance as of November 28, 2025. It does not provide legal advice for any particular case. For background on the firm’s DWI focus, see the Jim Butler professional profile and credential listing. If you are evaluating your options, consider discussing your specific facts and deadlines with a qualified Texas DWI lawyer.

Internal resources for deeper reading: what triggers a felony DWI and how ALR works in Texas—what legally turns a Texas DWI into a felony and the timeline and steps for requesting an ALR hearing.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps