Wednesday, February 11, 2026


Texas DWI Arrest in Houston: What Happens Next, How Fast You Must Act, and How to Protect Your License and Job

If you were just arrested for a Texas DWI in Houston, the most important thing to know is that you have only 15 days from the date of your arrest to try to stop an automatic driver’s license suspension, and what you do in the next few days can make a huge difference in your license, job, and case outcome. That short deadline is separate from your criminal court case and it can sneak up on you if you are focused only on getting out of jail and back to work.

You may feel embarrassed, scared, and totally unsure what comes next. This guide walks you step by step through what is happening, what deadlines apply, and what options you still have to protect your license, job, and future under Texas DWI law, especially here in Houston and Harris County.

First Steps After a DWI Arrest in Texas: Your 15 Day Window

Right now, your biggest risks are losing your license, saying something that hurts your case, or missing a deadline you did not even know existed. Let us slow this down and make the next steps simple and clear.

Step 1: Understand the 15 day ALR deadline

When you are arrested for DWI in Texas and either fail or refuse a breath or blood test, the officer usually takes your physical license and gives you a temporary driving permit. That paper is notice that the state plans to suspend your license.

You have only 15 days from the date you received that notice to request an Administrative License Revocation hearing. If you miss that deadline, the suspension usually kicks in automatically with no hearing, even if your criminal DWI case is still pending. You can learn more about how to request an ALR hearing and deadlines and use the Official DPS portal to request an ALR hearing if you decide to act on your own.

If you are like Mike Carter, a construction project manager who has to drive to job sites, missing that 15 day window can hit your paycheck fast. No license can mean no work truck, no site visits, and more pressure at home.

Step 2: Get oriented on what to do after a first Texas DWI

You do not have to solve your whole case this week, but you should get grounded on what to do after a first DWI arrest in Texas. In the first few days, focus on three things: protecting your license, keeping track of court dates, and collecting paperwork and details while the memory is fresh.

  • Put your 15 day ALR deadline on a calendar with a reminder.
  • Gather your bond paperwork, temporary permit, and any receipts or property forms from the jail.
  • Write down everything you remember from the stop, field tests, and any conversations with the officer.

For a deeper breakdown on what to do during the critical 15 day ALR period, you can read more about how license hearings work and what evidence can be challenged.

Step 3: See the DWI as more than “just a ticket”

Many people walk out of the Harris County jail thinking the DWI is like a speeding ticket that will go away if they just plead guilty and pay a fine. That is a dangerous misunderstanding. A DWI in Texas is a criminal charge that can carry jail time, thousands of dollars in fines, surcharges, and long term license and insurance consequences.

If you thought this was “just a ticket,” do not beat yourself up, but do adjust your mindset now. Treat this like what it is: a criminal case with both court and DMV style processes that need attention.

Understanding Your Texas DWI Charge and Possible Penalties

To make good decisions, you need to know what you are facing. In Texas, DWI penalties vary based on your prior record, blood alcohol level, and whether anyone was hurt.

Typical first offense DWI penalties in Texas

For many first time DWI cases where no one was injured and no child was in the car, the charge is usually a Class B misdemeanor. Potential penalties can include:

  • Up to 180 days in county jail, with some or all of that often probated if the case is resolved without a conviction at trial
  • Up to a $2,000 fine for a standard first offense, or more if the BAC is very high or there are enhancements
  • Driver’s license suspension that can range from 90 days to a year on the criminal side, separate from any ALR suspension
  • Mandatory DWI education classes, community service, and possible ignition interlock requirements

Higher BAC levels, prior DWIs, having a child passenger, or causing an accident with injury can increase the charge and the penalties. For example, DWI with a child passenger can be charged as a felony, and intoxication assault or intoxication manslaughter carry very serious prison ranges.

How this plays out in Houston and nearby counties

In Harris County and nearby counties like Fort Bend or Montgomery, most first time DWIs start in county criminal courts. You will have an initial setting, often called an arraignment or first appearance, where you or your lawyer appear, receive discovery, and begin the process of negotiating or preparing a defense.

The court system here is busy, so your case can take months or sometimes more than a year to fully resolve. That long wait is another reason to set things up correctly at the beginning so you can keep driving to work, care for your family, and reduce the stress while the case moves through the system.

The ALR Hearing: How It Works and Why It Matters to Your Job

For someone whose job depends on driving, the ALR process can matter as much as the criminal case. The Administrative License Revocation hearing decides whether your driver’s license will be suspended because of the arrest, test result, or test refusal.

What the ALR hearing decides

The ALR hearing is handled through the State Office of Administrative Hearings, not the criminal court. At that hearing, the question is usually narrow: did the officer have reasonable suspicion to stop you, probable cause to arrest you, and did you either fail or refuse a breath or blood test after being properly warned.

This hearing does not decide guilt or innocence on the criminal DWI, but winning or losing can decide whether you can keep your license or at least shorten a suspension and sometimes secure an occupational license more quickly.

Why the ALR hearing can help your DWI defense too

Beyond your license, the ALR hearing is often the first real chance to question the arresting officer under oath. That testimony can be recorded and later used in the criminal case if there are differences in what the officer says in court versus what they said at the ALR hearing.

For a project manager like you, that means the hearing is both a chance to fight for your ability to drive to job sites and a chance to gather evidence that might help get the criminal case reduced, dismissed, or defended at trial.

Texas Implied Consent, Chemical Tests, and Refusal Consequences

Part of what confuses people after a DWI arrest is the paperwork about breath or blood tests. Texas has an implied consent law, which essentially says that by driving on Texas roads, you are deemed to have consented to a breath or blood test if you are lawfully arrested for DWI.

If you refuse, your license is usually subject to a longer ALR suspension period than if you took the test and failed. If you want to read the actual wording, you can review the Texas statute explaining implied consent and refusals in Chapter 724 of the Transportation Code.

Refusal does not make your case disappear. The refusal itself can be used as evidence in court, and the officer can often still seek a warrant for a blood draw. The main difference is usually how long the administrative suspension lasts and what evidence the state has about your exact blood alcohol level.

Micro Story: How Acting Early Protected a Houston Project Manager’s License

Imagine someone a lot like you. He is in his mid thirties, oversees multiple construction sites around Harris County, and was driving home late after a long shift when he was stopped for allegedly drifting out of his lane. He was arrested for DWI, spent a night in jail, and left with a temporary permit and a stack of confusing papers.

He almost tossed the papers in his truck and figured he would just handle it later, but a coworker mentioned the 15 day deadline. He requested an ALR hearing in time, the officer’s testimony revealed some issues with the traffic stop and field sobriety tests, and the license suspension was avoided. Those same issues later became important in negotiations on the criminal case.

Every case is different, and no specific outcome can be promised, but this kind of story shows why those early days and deadlines matter. Waiting until the week before a court date can close doors that might have been open right after the arrest.

Solution-Aware Strategist (Ryan/Daniel): Case Metrics and Strategy Snapshot

If you relate more to the Solution-Aware Strategist (Ryan/Daniel), you probably want numbers and a clear plan instead of just reassurance. While exact statistics vary year to year and court to court, many DWI cases in Texas do not end in a straight up maximum sentence. A meaningful share are reduced, dismissed, or resolved through alternative outcomes, depending on facts and history.

A typical strategic plan often includes:

  • Requesting the ALR hearing and subpoenaing the officer when appropriate
  • Obtaining and reviewing dash cam, body cam, and lab records
  • Identifying legal issues with the stop, detention, field tests, or chemical tests
  • Exploring negotiation options, including reductions or diversion type programs where available
  • Preparing for trial when negotiation does not protect the client’s long term interests

As a Strategy minded reader, you might also appreciate resources like an interactive Q&A: quick DWI guidance and common questions tool that can walk through checklists and common scenarios, though it is never a substitute for case specific legal advice from a qualified Texas DWI lawyer.

How a Texas DWI Can Affect Your Job, Income, and Professional Licenses

For someone in construction management or any job that requires driving, the professional impact of a DWI can feel just as serious as the criminal penalties. You might worry that your employer will find out immediately or that you will be fired on the spot.

Driving and work logistics

If your license is suspended and your job requires site visits, hauling equipment, or supervising crews across the Houston area, your ability to work can be seriously affected. In some cases, an occupational license can allow limited driving for work, school, or essential household duties, but it usually comes with conditions and sometimes ignition interlock requirements.

Not every employer automatically fires someone after a first DWI. Much depends on your role, company policies, and how the situation is handled. Keeping your supervisor informed in the right way and at the right time can help, especially if you are taking steps to address the case.

Background checks and professional licenses

A DWI on your record can appear on background checks for years. Some professional licenses, security badges, or safety sensitive roles may require reporting charges or convictions. If you hold or are pursuing a license in fields like engineering, nursing, or teaching, each licensing board has its own rules.

For more detail on employment focused planning, you can review a practical checklist to protect your job and income that talks through employer communication, HR policies, and long term career steps.

Product-Aware Executive (Jason/Sophia): Discretion and High Stakes Concerns

If you are a Product-Aware Executive (Jason/Sophia), your priority may be quiet, careful handling rather than basic education. You might be less worried about a short license suspension and more focused on board positions, client perception, and media exposure.

In Houston’s professional and executive circles, discretion usually means minimal public footprint. That can include avoiding unnecessary public statements, limiting who is notified at work, and ensuring communication is handled in a way that protects your reputation while the case proceeds. Even if you have drivers or car services, a DWI can still affect licensure, travel, and corporate compliance, so a tailored strategy is key.

Most-Aware VIP (Chris/Marcus): Direct Access and Confidentiality

If you see yourself in the Most-Aware VIP (Chris/Marcus) description, you probably know what a DWI is, you understand the stakes, and you mainly want direct attorney access and strict confidentiality. You may also want clear boundaries on who can speak with the media, your staff, or your family about the case.

Texas rules of professional conduct protect the confidentiality of communications between you and your lawyer, which means you should feel able to speak openly about what happened so a proper defense can be built. For high visibility clients, that often includes careful planning around social media, travel, and family logistics while the case is pending.

Unaware Young Adult (Kevin/Tyler): The Real Cost of a “Simple” DWI

If you identify more with the Unaware Young Adult (Kevin/Tyler), you might feel like this was just a rough night out and that everything will blow over. One hard fact you should know: between fines, court costs, classes, insurance hikes, and possible license issues, even a first DWI can easily run into the thousands of dollars over time.

The other key fact is that 15 day ALR deadline. If you do nothing after you leave jail, your license can be suspended automatically, even before you stand in front of a judge. That can mean losing your ability to drive to campus, work, or back home to your family, which can snowball into missed classes, lost jobs, and more stress.

Common Misconceptions About Texas DWI Cases

There are several myths that can quietly push you toward bad decisions after a DWI arrest. Clearing them up now can help you think more clearly.

Misconception 1: “If my BAC was over .08, the case is hopeless.”

A test result above the legal limit is serious, but it does not automatically mean you should give up. Issues with how the test was requested, how the sample was collected and stored, and how the machine or lab was maintained can all affect whether that number is reliable or admissible in court.

Misconception 2: “Pleading guilty quickly will make the judge go easy on me.”

Some people hope a quick guilty plea will show they are taking responsibility and lead to kindness from the court. In reality, you may be giving up valid defenses or better outcomes before anyone has fully reviewed the facts, videos, and legal issues. Taking time to understand your options is usually a better path than rushing to plead.

Misconception 3: “I can ignore the ALR notice since my court date is months away.”

This is one of the most damaging myths. The ALR process is separate and much faster than the criminal case. If you ignore the notice, the suspension usually begins automatically, and by the time you realize it, the 15 day deadline to request a hearing has already passed.

Step by Step: Navigating Your Texas DWI Case from Arrest to Resolution

To make this manageable, it helps to see the DWI process as a series of stages rather than a dark cloud hanging over your whole life. Here is a simple roadmap.

Stage 1: Arrest and release

This is where you are now. You were stopped, tested, arrested, booked, and then released on bond. You likely signed bond conditions and received your first court date plus the temporary license permit or notice of suspension.

Your focus in this stage is safety, getting home, and taking care of immediate family and work communication without making statements about the facts of the case.

Stage 2: ALR request and preparation

Within 15 days, decide whether to request an ALR hearing. During this time, you or your lawyer can send the request, confirm deadlines, and start reviewing the paperwork and police reports as they become available. This is also the stage when you will learn whether you qualify for an occupational license if a suspension occurs.

Stage 3: Discovery and investigation

In the weeks and months after your first court date, discovery usually includes police reports, dash cam, body cam, and sometimes lab results. On the defense side, investigation might include visiting the scene, checking for witnesses or surveillance cameras, and carefully analyzing the field sobriety tests and test procedures.

Stage 4: Negotiation, motions, and hearings

After the evidence has been reviewed, many cases move into a negotiation phase where potential resolutions are discussed. This can happen alongside motions to suppress or other legal challenges to parts of the state’s evidence. The ALR hearing often fits into this stage too, though its timing can vary.

Stage 5: Trial or resolution

If negotiations do not result in an outcome that protects your long term interests, some cases proceed to trial where a judge or jury decides guilt or innocence. Others are resolved through plea agreements, diversion programs, or other outcomes that close the case without trial. No path is one size fits all, so the right choice depends on your goals, risk tolerance, and the facts.

Frequently Asked Questions About a Texas DWI Arrest and Your Next Steps

How long does a DWI stay on my record in Texas?

In Texas, a DWI conviction can stay on your criminal record permanently unless it is later sealed or otherwise addressed through limited legal procedures. Even a first offense can appear on background checks for many years. That is one reason many people focus on outcomes that avoid a final conviction when facts and law allow it.

Can I still drive to work in Houston after a DWI arrest?

You can usually keep driving on the temporary permit for a short period after your arrest, as long as you timely request an ALR hearing or until a suspension takes effect. If your license is suspended, you may be eligible for an occupational license that allows limited driving for work, school, and essential duties. Eligibility and requirements depend on your record, the type of suspension, and any court orders.

What happens at my first DWI court date in Harris County?

At the first setting in a Harris County DWI case, the main goals are to confirm your identity, ensure you understand the charge, and begin the process of sharing evidence between the state and defense. You typically do not present witnesses or defend the case that day. Future court dates handle more detailed negotiations, motions, and decisions.

Is a Texas DWI a felony or a misdemeanor?

Many first and some second DWI cases in Texas are charged as misdemeanors, usually Class B or Class A depending on factors like BAC level and prior history. A DWI becomes a felony when there are certain aggravating factors, such as a third or more DWI, a child passenger, or serious injury or death caused by alleged intoxication. The exact charge level greatly affects the potential penalties and long term impact.

How quickly should I talk with a Texas DWI lawyer after an arrest?

Because of the 15 day ALR deadline and the need to preserve evidence early, it is usually smart to talk with a qualified Texas DWI lawyer as soon as you are out of jail and able to focus. Early guidance can help you avoid harmful statements, meet deadlines, and take advantage of evidence opportunities that fade over time. Even a short initial consultation can give you a clearer sense of your options.

Why Acting Early on a Texas DWI Arrest Matters So Much

If you are like Mike, your mind is probably spinning with what this means for your wife, kids, and the crews who count on you to show up on site. Acting early does not mean you have to decide everything today, but it does mean taking a few concrete steps in the next week or two.

  • Mark your 15 day ALR deadline on a calendar so it is not forgotten.
  • Gather all your paperwork and write down your recollection of the stop.
  • Learn the basics of Texas DWI law so you understand the difference between court and ALR processes.
  • Consider how your job and family schedule will be affected if your license is suspended, and what adjustments may be needed.
  • Talk with a qualified Texas DWI lawyer if you want tailored advice for your situation.

The earlier you take these steps, the more options you usually have. Waiting until the last minute can close off possible defenses or license solutions that might have been available right after your arrest.

Jim Butler’s Video Walkthrough: First Moves After a Texas DWI Arrest

If you prefer to hear this explained in plain language, this short video by Houston DWI lawyer Jim Butler walks through what to do first after a Texas DWI arrest, including how the 15 day ALR timeline fits into the bigger picture. It is a quick way to connect the steps in this article with what actually happens in real cases in and around Houston.

Checklist for Anyone Who Thought a DWI Was “Just a Ticket”

If you or someone you care about walked out of the Harris County jail thinking this was just another traffic ticket, this checklist is especially for you. Take ten minutes to go through it and you will understand why early action matters.

  • Did you get a temporary permit or notice that your license will be suspended
  • Have you written down the date of your arrest and counted 15 days forward to find your ALR deadline
  • Do you understand that a DWI is a criminal charge, not a simple citation, and can affect your record and job for years
  • Have you looked at your work situation to see how a license suspension would affect your commute or ability to perform your role
  • Have you gathered your paperwork, including bond forms, jail receipts, and any tow or property slips, in one place
  • Have you written a simple timeline of what happened from the moment you were stopped until you were released
  • Do you have your first court date written down in a place you will not forget
  • Have you taken at least one step to learn more about Texas DWI law, whether by reading, watching a video, or speaking with a legal professional

If several of these boxes are still unchecked, that is your next to do list. You do not have to tackle everything at once, but ignoring the situation will not make it go away. Taking calm, informed steps now is the best way to protect your license, your job, and your family.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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