What Happens After a DWI Arrest in Texas? A Guide for 2026

 Posted on September 15, 2026 in DWI

Being arrested for Driving While Intoxicated in Texas can leave you with a lot of questions. Will you lose your driver’s license? How long do you have to challenge a suspension? Will you have to go to jail? What happens at your first court appearance? And, perhaps most importantly, can a Texas DWI charge be dismissed or reduced?

A DWI arrest does not mean you have been convicted. The State must prove its case, and the period immediately following an arrest can be critical to protecting both your driver’s license and your criminal case.

If you were arrested for DWI in 2026, our Fort Worth criminal defense lawyer explains what you should know.

What Is Considered DWI in Texas?

Under Texas Penal Code § 49.04, a person commits Driving While Intoxicated (DWI) when the person is intoxicated while operating a motor vehicle in a public place.

Texas law generally defines "intoxicated" in two ways:

• Having an alcohol concentration of 0.08 or more
• Not having the normal use of your mental or physical faculties because of alcohol, drugs, a controlled substance, another substance, or a combination of substances

A prosecutor does not necessarily need a BAC result of 0.08 or higher to pursue a DWI case. The State may instead attempt to prove intoxication through observations, field sobriety testing, video, driving behavior, statements, or other evidence.

Drivers under 21 can face different rules involving alcohol. For a more detailed explanation, see our article, "DWI vs. DUI in Texas: What’s the Difference?"

Step 1: The DWI Arrest

Most Texas DWI cases begin with a traffic stop, although police may also investigate DWI following an accident or after finding someone in or around a vehicle. During a typical roadside investigation, an officer may look for signs the officer associates with intoxication, such as:

• The odor of alcohol;
• Red or bloodshot eyes;
• Slurred speech;
• Difficulty answering questions;
• Problems with balance;
• Admissions about drinking;
• Open containers; or
• Performance on standardized field sobriety tests.

The officer will also ask for a breath or blood specimen. An arrest, however, only means the officer believed there was probable cause. It does not establish that the person was legally intoxicated or guilty of DWI.

Step 2: Breath or Blood Testing 

Texas has an "implied consent" law. Under Texas Transportation Code Chapter 724, a person arrested for certain intoxication-related offenses is deemed to have consented to providing a breath or blood specimen under circumstances specified by law.

Refusing a requested specimen can have consequences for your driver’s license that are separate from the criminal DWI case. Likewise, providing a specimen showing an alcohol concentration of 0.08 or greater can trigger an administrative driver’s-license proceeding.

But a laboratory number or breath-test result should not automatically be treated as infallible. Depending on the circumstances, a DWI defense attorney may investigate how the specimen was obtained, the testing procedures used, equipment maintenance and calibration, laboratory procedures, chain of custody, timing, and whether constitutional and statutory requirements were followed.

Step 3: Your Driver’s License Case Begins Separately From Your Criminal Case

One of the most important things to understand after a Texas DWI arrest is that you can effectively have two cases at the same time:

• The criminal DWI prosecution
• An Administrative License Revocation, or ALR, proceeding involving your driver’s license

The ALR proceeding is civil and separate from the criminal case. You do not have to be convicted of DWI before Texas can attempt to suspend your driving privileges through the ALR process.

Step 4: You Have Only 15 Days to Request an ALR Hearing

According to the Texas Department of Public Safety, when a driver receives notice of an ALR suspension after refusing or failing a breath or blood test, the driver generally has 15 days from the date the suspension notice is served to request a hearing. If a hearing is not requested within the required period, the right to contest the administrative suspension is lost.

That means waiting several weeks to contact a lawyer can create problems even though the criminal DWI case may take considerably longer to resolve. An ALR hearing may also give the defense an early opportunity to examine issues surrounding the traffic stop, arrest, and testing process.

Step 5: Your License Is Suspended or Revoked 

How long you lose your driving privileges depends on several factors, including whether you refused testing, provided a specimen over the legal limit, have previous alcohol- or drug-related enforcement contacts, or are ultimately convicted.

For drivers age 21 or older, Texas DPS states that a first ALR suspension for failing a breath or blood test is 90 days. A first ALR suspension for refusing a requested specimen is 180 days. Prior alcohol-related convictions substantially increase the suspension periods.

Step 6: Your Attorney Begins Investigating the Evidence

A DWI defense involves much more than looking at the BAC number. An attorney may examine evidence such as:

• Dash-camera footage
• Body-camera footage
• 911 calls
• Police reports
• Field sobriety test video
• Breath-testing records
• Blood-testing documentation
• Laboratory records
• Medical information relevant to the investigation
• Witness statements
• Dispatch records
• Evidence concerning the reason for the original traffic stop

One of the first questions may be whether police had a lawful reason to stop or detain you. If the stop, detention, search, arrest, or collection of evidence violated the law, your attorney may have grounds to challenge the admissibility of evidence.

Can Field Sobriety Tests Be Challenged?

Field sobriety test evidence can be challenged depending on how the tests were administered and the circumstances surrounding them. For example, performance may potentially be affected by factors including physical limitations, injuries, footwear, road conditions, fatigue, nervousness, weather, or instructions given by the officer.

Video evidence can be especially important because it allows the defense to compare what actually occurred with how the officer described the encounter. For additional defense issues, read "What Are the Best Defenses to a Texas DWI?"

Can Breath or Blood Test Results Be Challenged?

A BAC result can be powerful evidence for prosecutors, but the number does not end the investigation. Depending on whether breath or blood testing was used, a defense attorney may examine issues involving:

• Whether the test was legally obtained;
• Whether required procedures were followed;
• The reliability and maintenance of testing equipment;
• The qualifications of individuals administering or analyzing the test;
• Blood collection and storage;
• Chain of custody;
• Laboratory procedures; and
• The amount of time between driving and specimen collection.

Every case is different, and not every issue will apply to every arrest.

What Are the Penalties for a First DWI in Texas?

A standard first DWI under Texas Penal Code § 49.04 is generally a Class B misdemeanor. A first-offense DWI can expose you to:

• Up to 180 days in county jail
• A fine of up to $2,000
• Driver’s-license consequences
• Probation and court requirements
• DWI education requirements
• Other costs and conditions imposed by the court.

Texas law also provides enhanced penalties in certain circumstances. For example, an alcohol concentration of 0.15 or higher at the time the analysis is performed can elevate the offense to a Class A misdemeanor. Other circumstances, including certain prior convictions or having a child passenger, can create much more serious consequences.

Is Jail Mandatory for a First DWI in Texas?

Texas law provides a minimum term of confinement for a standard Class B DWI, but that does not mean every person arrested for a first DWI will be sentenced to jail after the case is filed. How a case is ultimately resolved depends on the facts, evidence, criminal history, negotiations, available defenses, and other circumstances.

This is also why someone facing a DWI should not assume the outcome based on what happened to a friend or family member. Two seemingly similar DWI arrests can have very different legal issues.

Can a First DWI Be Dismissed in Texas?

A dismissal is possible in some DWI cases, but it is never guaranteed. Potential problems in the prosecution’s case can include an unlawful traffic stop, insufficient evidence of intoxication, problems with field sobriety testing, unreliable chemical testing, constitutional violations, witness problems, or other evidentiary weaknesses.

An attorney’s job is to investigate the individual case rather than assume that an arrest will automatically result in a conviction. Read our related guide, "Three Ways to Fight a First-Time DWI Charge in Texas," to learn more about commonly challenged evidence.

Can You Still Drive While a Texas DWI Case Is Pending?

A DWI arrest does not always mean you immediately lose the ability to drive. The answer depends on what occurred during the arrest, whether an ALR suspension has been initiated, whether a hearing was timely requested, and whether another license restriction applies.

In some circumstances, a person whose license has been suspended may qualify for an occupational driver’s license. Because transportation can affect your job, school, medical care, and family responsibilities, driver’s-license issues should be addressed quickly after an arrest.

How Long Does a DWI Case Take in Texas?

A Texas DWI case may take months to resolve and sometimes longer, depending on the jurisdiction, laboratory testing, discovery, motions, negotiations, court scheduling, and whether the case goes to trial.

The first few weeks can nevertheless be extremely important. Evidence should be preserved, driver’s license deadlines addressed, and the circumstances surrounding the stop and arrest investigated while information is still relatively fresh.

What Should You Do After a DWI Arrest in Fort Worth?

After a DWI arrest, avoid assuming that nothing can be done simply because you performed field sobriety tests or provided a breath or blood specimen.

Important steps can include:

1. Keep all paperwork you received from law enforcement or the jail.
2. Write down what you remember about the stop and arrest while the events are still fresh.
3. Do not miss any court dates or bond conditions.
4. Pay attention to driver’s-license notices and deadlines.
5. Avoid discussing the facts of the case on social media.
6. Speak with a Texas DWI defense attorney as soon as possible.

Most importantly, remember the 15-day ALR hearing deadline that may apply after receiving a suspension notice.

Frequently Asked Questions About Texas DWI Arrests

Is DWI a felony in Texas?

A first DWI is ordinarily a misdemeanor, but certain circumstances can result in felony charges. For example, DWI with a passenger younger than 15 is a felony offense, and repeat DWI offenses can also lead to felony prosecution.

Can you get a DWI in Texas with a BAC below 0.08?

Texas law allows the State to attempt to establish intoxication by showing that a person did not have the normal use of mental or physical faculties because of alcohol, drugs, or another qualifying substance. A BAC of 0.08 is therefore not the only way prosecutors can try to prove intoxication.

What happens if you refuse a breathalyzer in Texas?

Refusing a requested breath or blood specimen following a qualifying DWI arrest can trigger an Administrative License Revocation proceeding. For an adult driver’s first ALR refusal, DPS identifies a 180-day suspension period. The specific consequences depend on the person’s circumstances and history.

How long do I have to request an ALR hearing in Texas?

You have 15 days after receiving the suspension notice to request an ALR hearing. Missing that deadline can result in the loss of the opportunity to challenge the administrative suspension.

Does a DWI arrest mean I will be convicted?

An arrest is not a conviction. Prosecutors still have the burden of proving the criminal charge, and DWI evidence may be challenged depending on the circumstances.

Should I hire a lawyer for a first DWI in Texas?

A first DWI can affect your driver’s license, criminal record, employment, insurance costs, and freedom. A DWI attorney can investigate the traffic stop, police video, field sobriety testing, chemical testing, and other evidence while also addressing the separate driver’s-license proceeding.

Talk to a Tarrant County DWI Defense Attorney

A Texas DWI arrest can move quickly, especially when your driver’s license is at stake. You should not assume that a failed field sobriety test, breath result, blood test, or police officer’s opinion means there is no defense.

At The Dameron Law Firm, Fort Worth criminal defense attorney Craig Dameron represents people facing DWI and other criminal charges throughout Tarrant County. With more than two decades of criminal defense experience, our firm can examine the evidence, identify potential weaknesses in the State’s case, and help you understand your options.

If you have been arrested for DWI, contact The Dameron Law Firm to discuss your case.

Call 817-222-0624 for a free consultation.