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← Back to HomeArrested for DWI in Texas? What Happens Next
Free, step-by-step Texas DWI guide: your license deadline, the court process, penalties, and how to get back on the road. Not legal advice.
⚠️ CRITICAL: Texas 15-Day ALR Deadline
After a DWI arrest, the officer confiscates your license and gives you a temporary driving permit valid for 40 days. You must REQUEST an ALR hearing within 15 days of being served the notice (20 days from the mailing date if DPS mails it after a lab result). Miss this and your license is automatically suspended — no exceptions.
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Get Your Answers NowYour Texas DWI Journey
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- •You were arrested for DWI under Texas Penal Code §49.04
- •Officer took your license — you have a temporary permit valid 40 days
- •You were released on bail or personal recognizance
- ⚠️ You have 15 DAYS to request an ALR hearing — miss this and your license is automatically suspended
- •Don't discuss your case with anyone except a lawyer
- •Write down everything you remember about the arrest
- •Request ALR hearing immediately — online, fax, or mail
- •Consider hiring a DWI attorney
- •This is SEPARATE from your criminal case — handled by Texas DPS
- •DPS will decide if your license gets suspended
- •Issues at hearing: probable cause for stop, proper implied consent warning, BAC ≥ 0.08%
- •Win: keep your license (criminal case continues separately)
- •Lose: license suspended, but you can apply for an Occupational Driver's License (ODL)
- •ODL lets you drive to work, school, medical appointments, and essential errands
- •Must get SR-22 insurance for ODL application
- •Timeline: Arraignment → Pre-trial → Trial or Plea → Sentencing
- •Arraignment: usually 4-6 weeks after arrest, enter plea
- •Pre-trial: attorney negotiates with prosecutor, reviews evidence
- •Texas does NOT allow plea bargaining DWI to a lesser charge in most counties
- •Possible outcomes: dismissal (rare), trial, plea to DWI with negotiated penalties
- •Your attorney can appear at arraignment for you in most cases
Texas DWI Penalties
* All offenses include probation, surcharges ($3,000-$6,000), and DWI education.
- •DWI Education Program: 12-hour course for first offense ($100-150)
- •Ignition Interlock Device (IID): may be required by court or as condition of bond
- •Cost: $70-150/month, 6-12 months minimum
- •SR-22 Insurance: proof of financial responsibility, required for 2 years
- •Costs $1,500-$4,000+/year extra
- •Probation: typically 1-2 years for first offense, community service hours
- •Victim Impact Panel: mandatory in many counties
- •Getting your license back: complete all requirements, pay reinstatement fee ($125 after an ALR or refusal suspension, $100 after a DWI-conviction suspension), visit DPS
- •Non-disclosure (sealing): Texas allows sealing first DWI after completing deferred adjudication
- •Wait 2 years after completing probation (5 years if BAC ≥ 0.15)
- •A sealed record still counts as a prior for future DWI charges
- •Insurance impact: rates elevated for 3-5 years
- •DMV record: DWI stays on driving record for life
- •Prior for sentencing: 10-year lookback period
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