A DWI arrest can feel like one overwhelming problem. In reality, it may begin two separate proceedings: a criminal prosecution and an administrative case involving your driver’s license. Each has its own deadlines, evidence, and possible consequences.

Understanding that distinction is one of the most important first steps after an arrest.

The Criminal DWI Case

Under Texas law, a person commits DWI by operating a motor vehicle in a public place while intoxicated. “Intoxicated” does not necessarily mean falling-down drunk. The State may try to prove either:

  • A loss of the normal use of mental or physical faculties because of alcohol, drugs, medication, or another substance; or
  • An alcohol concentration of 0.08 or higher.

A standard first-offense DWI is generally a Class B misdemeanor. However, the charge and potential punishment may increase when aggravating circumstances exist—such as an alcohol concentration of 0.15 or higher, a prior DWI conviction, a child passenger, an accident involving injury, or other specific facts.

The statute defines the charge. It does not prove the State’s case.

The Driver’s-License Case Is Separate

A person arrested for DWI may also face an Administrative License Revocation, commonly called an ALR proceeding. According to the Texas Department of Public Safety, this civil process is separate from the criminal case.

If an officer serves a driver with a suspension notice after a breath or blood-test refusal or failure, the driver generally has only 15 days to request an ALR hearing. If DPS later mails a suspension notice after receiving blood-test results, a different deadline may apply.

Missing the deadline can result in the suspension taking effect without a hearing. That is why the paperwork given to the driver—or later received in the mail—should be reviewed immediately. Texas DPS explains the ALR process and deadlines here.

What Happens in the Criminal Case?

  1. Bond conditions: The court may impose conditions involving alcohol monitoring, an ignition-interlock device, travel, or other conduct.
  2. Court settings: Initial appearances often involve administrative matters rather than a trial.
  3. Evidence review: Defense counsel obtains and analyzes the reports, recordings, test results, and other evidence.
  4. Negotiations and motions: Legal and factual weaknesses may affect negotiations or support motions challenging evidence.
  5. Trial or resolution: The client ultimately decides whether to accept an agreement or proceed to trial after receiving legal advice.

Every case follows its own path. An arrest does not automatically mean a conviction.

What Evidence Should Be Examined?

A careful DWI defense is not limited to the reported alcohol number. Important questions may include:

  • Did the officer have a lawful reason for the traffic stop?
  • What did the body-camera and dash-camera recordings actually show?
  • Were the field sobriety tests properly instructed and administered?
  • Did medical conditions, injuries, footwear, fatigue, or the roadside environment affect performance?
  • When was the breath or blood specimen obtained?
  • Was the testing equipment properly maintained?
  • Was a blood draw supported by valid consent or a lawful warrant?
  • Were the specimen, laboratory procedures, and chain of custody handled correctly?
  • Does the officer’s written report match the video?

The strongest defense strategy depends on the evidence—not assumptions based on the arrest.

What Should Someone Do After a DWI Arrest?

  • Preserve every document received from the officer, jail, DPS, and court.
  • Confirm and follow all bond conditions.
  • Avoid discussing the facts on social media.
  • Do not assume the driver’s-license issue will resolve itself.
  • Write down important details while the events are still fresh.
  • Speak with a defense attorney promptly, particularly because the ALR deadline may begin running immediately.

A DWI case can affect a driver’s license, employment, insurance, finances, and criminal record. Early preparation gives the defense the best opportunity to preserve evidence and make informed decisions.

This article provides general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. The law and its application can change depending on the facts and date of an alleged offense.