Texas DWI Defense
A DWI arrest starts two cases: the criminal case and a license case with the Texas Department of Public Safety. The license case has a 15-day deadline. Texas Defense Team represents people charged with DWI, and a free consultation is available.
What Happens in the First 15 Days After a Texas DWI Arrest?
How long do I have to request an ALR hearing?
Under Tex. Transp. Code §524.031, a hearing on your license suspension is held if the Texas Department of Public Safety (DPS) receives a request not later than the 15th day after you receive notice of suspension, or are presumed to have received it. A timely request stays the suspension until the administrative law judge's final decision (§524.032(d)). If no request is made, the suspension can take effect: 90 days for an adult with no alcohol-related or drug-related enforcement contact in the prior 10 years, or one year with one or more (§524.022(a)); for a refusal, 180 days, or two years with such a contact (§724.035).
Is the license case separate from the criminal case?
The license (ALR) case is civil and independent of the criminal charge (§524.012(e)). Read our guide to the Texas ALR hearing, and call as soon as you can.
Sources: Texas Transportation Code §§524.012, 524.022, 524.031, 524.032, 724.035 (official statute text). Verified October 16, 2026.
- Tex. Transp. Code §524.031 — ALR hearing request due within 15 days of notice
- Tex. Transp. Code §524.022 — Adult suspension: 90 days, or one year with a prior contact in 10 years
- Tex. Transp. Code §724.035 — Refusal suspension: 180 days, or two years
What Are the Penalties for DWI in Texas?
Penalties come from the Penal Code and are the same in every county:
What are the penalties at each level?
| Offense | What the statute says |
|---|---|
| First DWI (§49.04) | Class B misdemeanor, 72-hour minimum confinement, up to 180 days and $2,000 (§12.22). See first-offense DWI. |
| Alcohol concentration of 0.15 or more (§49.04(d)) | Class A misdemeanor, up to one year and $4,000 (§12.21). |
| Second DWI (§49.09(a)) | Class A misdemeanor, 30-day minimum. See second-offense DWI. |
| Third or later DWI (§49.09(b)) | third-degree felony, two to 10 years and up to $10,000 (§12.34). |
| Passenger younger than 15 (§49.045) | state jail felony, 180 days to two years and up to $10,000 (§12.35). |
| Intoxication assault (§49.07) | third-degree felony. Intoxication manslaughter (§49.08): second-degree felony, two to 20 years (§12.33). Both can be enhanced under §49.09. |
Where can I read more about each level?
These are statutory ranges, not predictions. See also the cost of a DWI in Texas and what a DWI on your record means.
Sources: Texas Penal Code §§12.21, 12.22, 12.33, 12.34, 12.35, 49.04, 49.045, 49.07, 49.08, 49.09. Verified October 16, 2026.
Where Can I Read More About My DWI Case?
Guides by situation
By situation: what is a DWI, first offense, second offense, cost, DWI on your record, DWI expunction.
Guides by county
By county: Travis County, Williamson County (and Georgetown; see also the Williamson County DWI FAQ), Hays County (and San Marcos), Bastrop County and Bexar County.
En español: defensa DWI.
Other charges
Other charges: criminal defense overview, Travis County criminal defense, drug charges and Georgetown expunction.
Can a DWI Charge Be Reduced or Dismissed?
What can an attorney review in a DWI case?
It may be, depending on the evidence in the specific case, and no lawyer can promise a result. The State must prove each element, including that the person was intoxicated while operating a motor vehicle in a public place (§49.04(a)). An attorney can review why the vehicle was stopped, how any roadside tests were given, how a breath or blood specimen was collected and analyzed, and the records that exist. Texas Defense Team publishes flat fees for DWI defense; see the fee schedule.
This page is general information, not legal advice. Every case is different, and no outcome can be guaranteed.
What to do now
- Write down the date you received the notice of suspension.
- Count 15 days from that date: the Texas Department of Public Safety must receive your ALR hearing request by then.
- Read our guide to the Texas ALR hearing, and call as soon as you can: (512) 599-9000.
- Keep your arrest paperwork for your consultation.
Frequently Asked Questions
How long do I have to request an ALR hearing after a DWI arrest in Texas?+
Under Texas Transportation Code §524.031, the Texas Department of Public Safety must receive your request not later than the 15th day after you receive the notice of suspension. A timely request stays the suspension until the administrative law judge's final decision (§524.032(d)).
Is a first DWI a felony in Texas?+
Generally no. A first DWI under Penal Code §49.04 is a Class B misdemeanor, or Class A if a specimen showed an alcohol concentration of 0.15 or more. A passenger younger than 15 (§49.045) or a school crossing zone (§49.04(e)) makes it a state jail felony.
What is the difference between the ALR hearing and my criminal case?+
The ALR determination is a civil matter that is independent of the criminal charge (§524.012(e)). It is heard by an administrative law judge of the State Office of Administrative Hearings (§524.033); the criminal case is heard in a court.
What is the penalty for a second DWI in Texas?+
A Class A misdemeanor with a minimum term of confinement of 30 days under §49.09(a), with a maximum of one year in jail and a fine of up to $4,000 (§12.21).
Does Texas Defense Team handle DWI cases in my county?+
We have guides for Travis, Williamson (including Georgetown), Hays (including San Marcos), Bastrop and Bexar counties. Call (512) 599-9000 for a free consultation to confirm whether our team can help with your case.