An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
What to do after a DWI arrest in Texas
The first 15 days matter most.
Short answer: Find the notice of suspension and note the date, request an ALR hearing within 15 days, follow every bond condition (including any ignition interlock), do not discuss the arrest on recorded lines or social media, and talk to a criminal defense attorney before your first court date.
1. Find your paperwork
Look for the notice of suspension (often a DIC-25), the bond paperwork and any court date. The date on the notice starts your 15-day clock.
2. Request an ALR hearing within 15 days
If you miss the deadline, the suspension usually starts automatically on day 40.
3. Follow your bond conditions
Judges often require an ignition interlock or other conditions for DWI bonds. A violation can send you back to jail.
4. Write down what happened
Note where you were, what you ate and drank and when, the tests you were asked to do, and any witnesses. Share it only with your attorney.
5. Talk to a lawyer before court
Your attorney can request the video, test records and the officer's reports. See our Texas DWI page.
What should I avoid after a DWI arrest?
- Do not miss the 15-day deadline for the ALR hearing. See ALR hearings.
- Do not drive on a suspended license. Driving while license invalid is a separate offense.
- Do not post about the arrest or the evening on social media, and do not text friends about the details.
- Do not ignore bond conditions. A missed interlock installation or monitoring check can lead to a bond violation.
- Do not assume the case is over because you have not received a court date yet. Filing can take weeks.
What do bond conditions usually look like?
For a first DWI, conditions may be limited, but they can include alcohol monitoring or an ignition interlock. For a second or later DWI, or for intoxication assault or intoxication manslaughter, a magistrate generally must order an ignition interlock as a bond condition (Code of Criminal Procedure 17.441). Read the order carefully, note every deadline, and keep receipts showing compliance.
How are the license case and the criminal case different?
| License (ALR) case | Criminal case | |
|---|---|---|
| Who decides | Administrative law judge (SOAH) | County criminal court judge or jury |
| Deadline to act | 15 days to request a hearing | Court dates set after filing |
| Standard of proof | Preponderance of the evidence | Beyond a reasonable doubt |
| Possible result | License suspension | Fine, jail, probation, dismissal or acquittal |
What does a lawyer review first?
- The reason for the stop, on video
- How field sobriety tests were explained, performed and scored
- Whether you received the required warnings before the breath or blood request
- Breath instrument records or the blood warrant and lab results
- The timeline between driving and testing
How long does a DWI case take?
Many misdemeanor DWI cases take several months to more than a year, mostly because of discovery and lab results. Felony DWI cases usually take longer. Your lawyer can often handle many settings, but you must attend when the court requires it.
What are the penalties if convicted?
A first DWI is a Class B misdemeanor with a 72-hour minimum jail term and a fine up to $2,000, or a Class A misdemeanor at 0.15 or more (Penal Code 49.04). A second DWI is a Class A misdemeanor with a 30-day minimum, and a third is a third-degree felony (49.09). See first DWI and felony DWI.
Where are these cases heard in Dallas County?
People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both.
What should I bring to a consultation?
- Bond paperwork, citations and any order you were given
- Court dates and case numbers, if you have them
- A written timeline of what happened
- Names of witnesses
- Any documents, messages or photos that relate to the case
Where are these cases heard outside Dallas?
We handle these cases from our only office, in downtown Dallas, in the courts of 12 North Texas counties. Each county page explains where DWI cases are heard and who prosecutes them: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
What happens at the first court setting?
In Dallas County, misdemeanor DWI cases are set in one of the County Criminal Courts at the Frank Crowley Courts Building. The first setting is usually procedural: your lawyer appears, confirms representation, requests discovery and gets the next date. It is rare for a contested hearing or trial to happen at the first setting.
Should I accept a plea offer early?
Not before your lawyer has reviewed the video, the test results and the reports. An early offer may look attractive, but the long-term effects on your license, insurance, record sealing and any future case should be weighed against the strength of the evidence. You decide whether to accept a plea, after getting advice.
Key terms
- ALR
- Administrative License Revocation, the civil process that suspends a license after a failed or refused test.
- Magistration
- The first appearance before a magistrate after arrest, within 48 hours, where rights are explained and bail is set.
- Ignition interlock
- A breath-testing device installed in a vehicle that prevents it from starting if alcohol is detected.
- Deferred adjudication
- Supervision without a finding of guilt; if completed, the case is dismissed.
- Order of nondisclosure
- A court order that seals criminal records from the public, though criminal justice agencies can still see them.
Common questions
Do I need a lawyer for a first DWI in Texas?
You are not required to have one, but a first DWI can bring jail time, fines, a license suspension and a permanent record. A lawyer can review the stop, the tests and the options.
What happens if I miss the 15-day ALR deadline?
The license suspension usually begins automatically on the 40th day after you received notice. An occupational license may still be possible.
Can I drive after a DWI arrest in Texas?
Usually yes, on the temporary permit, until the suspension takes effect. If you request an ALR hearing in time, the suspension waits until the hearing is decided.
How long does a DWI case take in Dallas County?
Often several months to more than a year for a misdemeanor, depending on discovery and lab results.
Should I talk to the police after a DWI arrest?
You have the right to remain silent and to ask for a lawyer. Politely decline to discuss the facts.
Will my DWI arrest show up on a background check?
Arrest records can appear until they are sealed or expunged, if eligible.
Do not wait for your court date to get help. Call (214) 239-2013.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.