A DWI arrest in Texas can set off not one legal problem but two: a criminal case and a separate fight over your driver’s license. What’s more, these proceedings run on different timelines, in different forums, and at the same time.
Many people focus only on the court date and accidentally lose their license by missing a deadline they did not know existed.
If the arrest followed a crash that injured someone, a third legal issue may also arise: a separate civil personal injury claim.
Here is what actually happens after a Texas DWI arrest and why the first few weeks can matter so much.
Two separate cases, running in parallel
Understanding this split is one of the most important things to grasp:
- The criminal case proceeds in county or district court, depending on the charge. This is the case that can lead to fines, probation, or jail, and it’s the one most people picture.
- The administrative case (ALR) is a civil license-suspension proceeding handled through the Texas Department of Public Safety, separate from the criminal charge. It can suspend your license even if your criminal case is later dismissed.
The proceedings are generally independent, although certain outcomes in the criminal case — such as an acquittal — can affect an ALR suspension. You still need to pay attention to both.
The 15-day clock — and an important exception
When you are arrested for DWI and refuse a requested breath or blood test, or take a breath test and register 0.08 or higher, the officer generally serves notice that your license will be suspended. In those situations, you generally have just 15 days after receiving notice to request an ALR hearing. For a refusal, that deadline is governed by Texas Transportation Code § 724.041.
There is an important distinction when blood is drawn and sent to a lab for testing. If the result is not available at the time of arrest and later shows an alcohol concentration at or above the legal limit, DPS may mail the suspension notice later. According to DPS, the driver then has 20 days from the date the notice is mailed to request a hearing.
If no timely hearing is requested, the suspension generally takes effect on the 40th day after the applicable notice period begins.
Requesting the hearing can delay the suspension until the hearing is held, and it can give your attorney an early opportunity to examine the state’s evidence. This is why acting quickly — rather than waiting for your first court date — is critical.
Texas also has an implied consent law: by driving on Texas roads, you are deemed to have consented to chemical testing under certain circumstances, pursuant to Transportation Code § 724.011. Refusing a test carries its own license consequences. For a first ALR event, a refusal generally results in a 180-day suspension, compared with 90 days for failing a breath or blood test.
The criminal side: how Texas defines and grades DWI
Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated — meaning either having an alcohol concentration of 0.08 or more or not having the normal use of mental or physical faculties because of alcohol, drugs, or a combination of substances.
How the charge is graded depends on the circumstances:
- A first offense is generally a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000. The statute provides for a minimum confinement term of 72 hours. A conviction can also result in driver’s license consequences.
- A first offense with an alcohol concentration of 0.15 or higher is elevated to a Class A misdemeanor, carrying higher maximum jail time and fines.
- A second offense is generally a Class A misdemeanor with steeper penalties, and a third offense generally becomes a felony.
Texas also imposes a separate conviction-based DWI traffic fine under Transportation Code § 709.001, although that fine can be waived when the court finds the person indigent.
Aggravating facts — such as a child passenger, a crash causing serious bodily injury, or a very high alcohol concentration — can raise the stakes considerably. Because the specific penalties, fees, and enhancements depend on the facts and can change when the legislature updates the law, the practical consequences of a particular charge are best confirmed for your specific situation.
Can you still drive during a suspension?
Often, yes. Texas allows many eligible drivers to petition for an occupational driver’s license that permits limited driving for essential needs, such as work, school, and household duties, during a suspension.
This is a court process with its own requirements. Proof of financial responsibility is generally required, and an occupational license issued in connection with an ALR suspension or DWI conviction will generally carry an ignition-interlock restriction.
What to do in the hours and days after an arrest:
- Be polite, but don’t argue your case at the roadside or the station. Avoid volunteering explanations about where you were, what you drank, or how much you consumed.
- Write down everything you remember as soon as possible: the stop, what was said, the tests offered, and the conditions at the time.
- Identify the ALR deadline immediately. For many drivers, the hearing request is due within 15 days of receiving notice; in some blood-test cases, the applicable period begins when DPS later mails the suspension notice.
- Comply with your bond conditions. Violating conditions — for example, an interlock or no-alcohol requirement — can create new problems on top of the original charge.
- Get experienced counsel quickly — both because of the ALR deadline and because early review of the stop, the testing, and the paperwork can shape the case. If you’re facing a charge in the San Antonio area, a DWI defense lawyer can request the ALR hearing and begin examining the evidence before the applicable deadlines close.
What if someone was injured in the crash?
When an alleged DWI involves a crash that injures another person, the criminal and administrative proceedings do not take the place of a potential civil personal injury claim.
An injured person may be able to pursue compensation from the at-fault driver and applicable insurers for losses such as medical expenses, lost income, pain and suffering, and other damages. The civil claim is separate from the state’s prosecution of the driver, so an injured person does not necessarily have to wait for the criminal case to end before protecting a personal injury claim.
Evidence developed after a suspected impaired-driving crash — including police reports, witness statements, video footage, and chemical-test results — may also become important in the civil case. Texas generally has a two-year limitations period for personal injury lawsuits, although exceptions and shorter notice requirements can apply in some circumstances.
The consequences that outlast the case
A DWI conviction can follow you well beyond any fine or probation. It can raise insurance rates sharply and may affect employment, professional licenses, and, depending on the circumstances, immigration matters.
Criminal-record consequences can also vary depending on whether a person later qualifies for nondisclosure or other relief.
That long tail is why how the case is handled at the outset matters so much — and why the deadlines in the first few weeks deserve immediate attention.
A DWI arrest is frightening, but it is not the end of the story. Knowing that multiple proceedings may be in motion, protecting the applicable license deadline, and getting knowledgeable help early can make a significant difference in how the case proceeds.