Any arrest for DWI in Texas initiates two separate legal proceedings. One is the criminal case that may result in the penalties we’ll discuss. The other is an administrative proceeding overseen by the Texas Department of Public Safety. This administrative proceeding is completely unrelated to the criminal case.

If you are arrested for DWI in Texas, you will be asked to take a breath or blood test to measure your blood alcohol concentration level. If you refuse to take the test, or if you fail the test by having a blood alcohol concentration of 0.08% or more, you will be subject to an administrative license suspension from the Texas Department of Public Safety. In such a case, the arresting officer will confiscate your driver’s license and issue a temporary driving permit.

This temporary permit is good for 40 days from the date of the arrest. On the 41st day following the arrest, your driving privileges will become suspended. The length of this suspension depends on the number of previous DWI convictions on your record and whether you refused blood alcohol testing after your arrest.

Do you need a way to drive? Here at the Law Office of RJ Harber, we may be able to help you obtain an ODL or occupational drivers license. Our law office will make this complicated process as easy as possible for you.

An occupational license is a restricted license that is issued to a person who has had their driver’s license suspended, revoked, or denied. The occupational license allows that person to drive:

• To and from work or to perform their duties at work;
• To and from school; or
• To perform essential household duties.

An occupational license will not be issued to operate a commercial vehicle. Furthermore, you cannot get an occupational license if you have previously:

• Lost your driving privileges due to a medical condition;
• Have received two occupational licenses in the last ten years.

An Administrative License Revocation or ALR hearing is extremely important when fighting a DWI if you want to keep your license.

By requesting an ALR hearing, you are forcing the DPS to prove their case against you.

The ALR license suspension process is overseen by the Texas Department of Public Safety and is completely unrelated to the criminal DWI charges pending against you. If you refused or failed a breath or blood test following your arrest for DWI, your license will be suspended by the DPS from 90 days up to two years.

If either of these things occurred following your arrest, the police officer involved confiscated your driver’s license and issued you a temporary driving permit. This permit also contained a notice that your license will be suspended 40 days from the date the permit was issued. The only way to avoid this suspension is to request an ALR hearing within 15 days of the date that you received the suspension notice.

When you request an ALR hearing, you force the DPS to prove that:

• The arresting officer had either reasonable suspicion or probable cause to stop your vehicle;
• There was probable cause to believe that you were operating a motor vehicle in a public place while intoxicated;
• You were arrested and request was made of you to submit to breath or blood testing; and
• You either refused that request or submitted to testing and had a blood alcohol concentration of .08 or greater.

DPS will generally attempt to use the arresting officer’s written affidavit to prove their case against you. An experienced DWI attorney will issue a subpoena and compel the officer’s attendance at the hearing. If the officer fails to show up, you win your case by default. If the officer does show up, there is a chance to show evidence of innocence that was not contained in the police report.

If you are convicted, or you pled guilty to a DWI, the courts can grant you probation as an alternative to jail or prison up to two years for a misdemeanor and up to ten years for a felony. Learn more about how you can reduce this penalty.

What is Probation?

Probation for a DWI in Texas is an agreement between you and the court that your jail sentence will be suspended in return for you following a stringent list of rules for a specific period of time. This period of time is called the probationary period and can last up to two years for a first DWI.

The list of things that you can and cannot do during the probationary period may include:

• Fees – In addition to your DWI fine, the court may require that you pay court costs, restitution for any damage caused, and more;
• Probation Meetings – If you are on probation, you will be assigned a probation officer. You will be required to meet with this officer on a regular basis. The officer will then report to the court on whether you are meeting all of the conditions of your probation;
• Attend Classes – You may be required to attend specific classes. These can include a DWI Education Class or a Victim Impact Panel.
• Submit to Alcohol/Drug Testing – While on probation, you will have to submit to regular alcohol or drug tests. If alcohol or drugs are detected, additional conditions can be attached to your probation, your probation can be extended or even terminated, and have you could have a jail sentence imposed.

For a first DWI offense in Texas, you’ll be charged with a Class B misdemeanor. The penalties are:

• Up to six months in jail;
• Up to a $2,000 fine;
• Up to two years driver’s license suspension;
• Up to $2000 annual surcharge for three years to keep your license;
• DWI intervention or education program;
• Possible ignition interlock device requirement.

A second DWI offense will result in a Class A misdemeanor. The penalties are:

• Up to a year in jail;
• Up to $4,000 in fines;
• Up to two years driver’s license suspension;
• Up to $2000 annual surcharge for three years to keep your license;
• DWI intervention or education program;
• Possible ignition interlock device requirement.

A third DWI / DWI is a third-degree felony. Penalties include:

• Up to ten years in prison;
• Up to a $10,000 fine;
• Up to two years driver’s license suspension;
• Annual surcharge of up to $2,000 for 3 years to keep your license;
• DWI intervention or education program;
• Possible ignition interlock device requirement.

Most first-time offenders are eligible for probation, but even if you are a second- or third-time offender, you may still be able to get probation instead of jail time. This depends on the factors unique to your case. If you are eligible for probation, common terms of probation that you must follow include:

• Attending alcohol education classes;
• Performing community service;
• Installation of an ignition interlock device in your vehicle;
• Monthly reporting to a probation officer;
• Fees including:
  • Ignition interlock device installation and monthly rental;
  • License reinstatement fees;
  • Substance abuse treatment fees;
  • Administrative probation fees.

Your attorney will discuss with you whether a trial would be in your best interests. Every DWI case is different. The facts surrounding your case will determine if proceeding to trial is the right step.

You have two main options regarding your arrest and conviction – you can go to trial with an attorney representing you, and fight the arrest, or you can plead guilty or no contest to your charges.

Going to trial is a lengthy process that will require you to show up for several court dates. Your first appearance will happen anywhere from 30 to 60 days after your arrest. At this hearing, your attorney will be able to request any evidence that the prosecution holds in your case. At the first appearance, the court will give you a date 20 to 30 days in the future for the next hearing, called the announcement. In addition, a second announcement hearing will be scheduled an additional 20 to 30 days in the future after the first announcement.

At the announcement hearings, your attorney will have the opportunity to review all court documents and police records for any procedural or evidentiary defects that may warrant a dismissal of your DWI case, so these hearings are rather important.

At the second announcement hearing, you will be required to “announce” your intention to fight the charges at trial, or plead guilty.

No. There are many issues that can occur not only with the actual testing equipment but also with the procedures that are followed (or not followed, as it were) in order to conduct the breath test and field sobriety test. Some examples of these problems include:

• Testing device has not been properly calibrated or maintained;
• Officer did not follow the proper procedure for testing;
• Testing device was not working properly at the time of testing;
• Road or weather conditions affected your field sobriety test performance.

An experienced DWI attorney will be able to tell you what factors, if any, work in your favor and use these in your defense.

Yes. Texas takes the crime of DWI very seriously. It’s essential that you contact an experienced DWI attorney immediately. An experienced Texas DWI attorney will look at the evidence, perform an investigation into the facts, and give you advice on the best way to proceed based on your unique situation.