DWI Lawyer in Texas — ALR Hearing & Penalty Guide

In Texas, drunk driving is called DWI: driving while intoxicated. A DWI lawyer in Texas helps with both the criminal case and the separate license hearing, which has a short deadline.

Texas DWI penalties are serious, and a third DWI is a felony no matter how long ago the earlier ones happened. However, Texas also offers options for first offenders, such as deferred adjudication in some cases. Therefore, understanding your choices early is essential.

Our attorneys prepare ALR hearing materials, DWI defense packs and mitigation packets for cases across Texas.

Texas DWI law basics

Texas Penal Code section 49.04 defines DWI. You are intoxicated if you have a BAC of 0.08 or more, or if you have lost the normal use of your mental or physical faculties. Consequently, a DWI can be charged even below 0.08.

A first DWI is usually a Class B misdemeanor. However, a BAC of 0.15 or more makes it a Class A misdemeanor. Furthermore, driving while intoxicated with a passenger under 15 is a state jail felony.

Intoxication assault and manslaughter

If a DWI causes serious bodily injury, it may be charged as intoxication assault, a third-degree felony. Similarly, a DWI causing death may be charged as intoxication manslaughter, a second-degree felony.

The 15-day ALR hearing deadline

After a DWI arrest involving a failed or refused test, Texas starts an Administrative License Revocation case. You generally have 15 days from receiving notice to request an ALR hearing. Otherwise, the suspension takes effect automatically.

The ALR hearing is held before an administrative law judge. It examines whether there was reasonable suspicion for the stop, probable cause for the arrest, and a failed or refused test. Moreover, it is a chance to question the arresting officer under oath.

Our license hearing service prepares your request and arguments. Therefore, act within the 15 days.

Texas DWI penalties

Penalty ranges change and depend on the facts, so treat the figures here as a general guide and confirm them for your case.

For a first DWI, penalties can include jail time with credit possible, a fine of up to $2,000 and a license suspension. In addition, courts commonly order DWI education classes and community service.

A second DWI is usually a Class A misdemeanor with higher jail time and fines. Meanwhile, a third DWI is a third-degree felony, punishable by two to ten years in prison. Importantly, Texas has no lookback period for this felony enhancement. Therefore, very old convictions can still count.

Our felony DUI consultation reviews how prior convictions are counted in your case.

Deferred adjudication and nondisclosure

Since 2019, Texas has allowed deferred adjudication for some first-time DWI offenders. It is generally unavailable for commercial drivers and for BACs of 0.15 or more. Furthermore, an ignition interlock is usually required during deferred adjudication.

Deferred adjudication can avoid a final conviction if you complete the conditions. However, it may still count as a prior for some purposes. Consequently, weigh it carefully.

Texas also allows orders of nondisclosure for some first DWIs. These seal the record from most public view after a waiting period. As a result, they can help with employment. Our DUI Defense Pack reviews which options fit your case.

Defenses and mitigation in Texas

Common defenses include challenging the traffic stop, the field sobriety tests and the breath or blood testing procedures. For example, Texas breath tests rely on specific instruments that must be maintained properly. Similarly, blood tests require proper chain of custody.

If a conviction is likely, mitigation matters. Voluntary alcohol evaluation, treatment and community support all help. Our DUI Mitigation Packet and character letters services prepare these materials.

Afterwards, our license reinstatement service explains SR-22 insurance and occupational licenses. For more, read our national guide to multiple-offense and felony DUI.

Our DUI Defense services in Texas

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Texas. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

DUI / DWI Defense Document Package in Texas

For a first or repeat DUI, DWI or OWI charge: a full review of the stop, arrest and testing, discovery requests and a defense and plea strategy for your state.

It includes arrest timeline and police report review, stop, field sobriety and chemical test issue checklist, discovery requests (bodycam, dashcam, breath-machine calibration, blood chain of custody). Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order DUI / DWI Defense Document Package — from $199 See what's included →

DMV License Suspension Hearing — Request & Preparation in Texas

The administrative hearing to save your license after a DUI arrest has a strict deadline (often 7–15 days). We prepare the request, subpoenas and hearing arguments.

It includes hearing request within your state deadline, stay of suspension / temporary permit request, subpoena requests for the arresting officer. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order DMV License Suspension Hearing — Request & Preparation — from $99 See what's included →

DUI Sentencing Mitigation Packet in Texas

Evidence that persuades a judge or prosecutor toward a reduced charge (e.g. wet reckless), diversion or minimum sentence.

It includes personal statement, character letter templates, proof of alcohol education / treatment / SCRAM compliance. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order DUI Sentencing Mitigation Packet — from $149 See what's included →

License Reinstatement / Hardship (Restricted) License in Texas

Apply for a hardship, occupational or restricted license, or reinstate your license after suspension, including SR-22 and ignition interlock requirements.

It includes eligibility and timeline for your state, hardship / occupational license petition, sR-22 and ignition interlock (IID) compliance checklist. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order License Reinstatement / Hardship (Restricted) License — from $99 See what's included →

Felony DUI consultation in Texas

A confidential 45–60 minute phone or video consultation with a licensed US attorney about a felony DUI charge. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Felony DUI consultation — $399 See what's included →

DUI / DWI consultation in Texas

A confidential 45–60 minute phone or video consultation with a licensed US attorney about a DUI / DWI charge and your license. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

Order DUI / DWI consultation — $299 See what's included →

Character Reference Letters for Court in Texas

Effective letters from employers, family and community members for sentencing, bail or diversion.

It includes templates for each referee, do's and don'ts for judges, cover letter. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Character Reference Letters for Court — from $49 See what's included →

DUI Defense across Texas — cities we serve

We work with clients in every part of Texas, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Texas law and your county's local practice. Choose your city below to see local details and prices.

More Texas services

DMV License Suspension Hearing — Request & Preparation in Texas · DUI Sentencing Mitigation Packet in Texas · License Reinstatement / Hardship (Restricted) License in Texas · Felony DUI consultation in Texas · DUI / DWI consultation in Texas · Character Reference Letters for Court in Texas. See all legal services in Texas.

Nearby states

Moving between states, or is the other party elsewhere? We also cover DUI / DWI Defense Document Package in Oklahoma, DUI / DWI Defense Document Package in Louisiana, DUI / DWI Defense Document Package in New Mexico, DUI / DWI Defense Document Package in Arkansas. See every location we cover.

Frequently asked questions

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

Generally 15 days from receiving notice of the suspension. Missing it usually means automatic suspension.

Is a third DWI a felony in Texas?

Yes. A third DWI is a third-degree felony regardless of how long ago the earlier offenses occurred.

Can I get deferred adjudication for a DWI in Texas?

Some first-time offenders can, if the BAC was under 0.15 and they are not commercial drivers. An ignition interlock is usually required.

Can a Texas DWI be sealed?

Some first DWIs qualify for an order of nondisclosure after a waiting period, which hides the record from most public view.

Do you help with DWI cases across Texas?

Yes. We prepare ALR hearing materials, defense packs and mitigation for DWI cases in every Texas county.

Contact American Counsel

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✉ Email: support@american-counsel.com
🌐 Service area: online across all 50 US states and Washington, D.C.
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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.