What Happens After a DWI Arrest in Texas?

Two cases, not one

A DWI arrest in Texas starts two separate proceedings:

• The criminal case in county or district court
• The administrative license revocation (ALR) case with the Department of Public Safety

The 15-day deadline

If you refused or failed a breath or blood test, you have 15 days from the date of the notice of suspension to request an ALR hearing. Missing that deadline means an automatic license suspension.

Penalties for a first offense

A first DWI is generally a Class B misdemeanor: 72 hours to 180 days in jail, a fine of up to $2,000, and a driver license suspension. A first offense with a blood alcohol concentration of 0.15 or higher is charged as a Class A misdemeanor, with up to one year in jail and a fine of up to $4,000. Penalties also increase with a child passenger or prior convictions.

Texas no longer imposes annual driver responsibility surcharges; that program was repealed in 2019. Separate state fines and license reinstatement fees can still apply on conviction.

Options that may be available

• Pretrial diversion programs in some counties
• Deferred adjudication, available for eligible first-time DWI offenses
• Challenging the stop, the testing procedure or the blood draw warrant

This article is general legal information, not legal advice.