Posted on 3/29/21

If you have been arrested for a DWI in Texas, you may be wondering what the process will look like going forward. If this is your first time being charged with a DWI, you are likely concerned about protecting the rights and avoiding jail time. There are several legal proceedings that you face in the coming days, weeks, and months. These proceedings may have a significant impact on your freedom, your finances, and your future. Taking your DWI seriously and hiring an experienced criminal defense lawyer will help you protect your freedom. 

Administrative License Revocation Hearing

The first hearing you will attend is the Administrative License Revocation (ALR) Program hearing. In this proceeding, an administrative law judge will determine whether you can keep your driving privileges or not. Did a law enforcement officer conduct a blood alcohol test? Was your blood alcohol concentration above the legal limit of 0.08%? If so, the law enforcement officer would have immediately taken away your Texas driver’s license.

The officer will provide you with a 40-day temporary driving permit. If you do not take any action during the 40-day period, your license suspension will start on the 40th day. Your suspension could last between 90 days and two years. However, you can request an administrative hearing and challenge your driver’s license suspension. Keep in mind that you must request a hearing within 15 days of being arrested for a DWI. If you miss the deadline, you may lose the right to challenge your driver’s license suspension.

The Dallas-Fort Worth area is heavily reliant on passenger vehicles. If you lose your ability to drive, you may not be able to commute to and from work or run errands. Not being able to drive yourself, take your kids to school, or tackle all of the tasks you need to complete could put a serious burden on you and your family.

The Criminal Prosecution of the DWI

A first-time DWI can be charged as either Class A or Class B misdemeanors in Texas. Class A misdemeanors are more serious and carry a penalty of up to one year in jail, a fine of up to $4,000, and up to two years of probation. The first time you will have to go to court will be for your first appearance. The court will give you a new date for your first announcement setting, typically 20 to 30 days after your first appearance. 

Your lawyer will negotiate with the prosecution, and you may decide to enter a plea of guilty through a plea bargain. If you proceed to trial, your lawyer and the prosecution will present evidence and witnesses, and the court will decide whether you are guilty of a DWI. If you are convicted, the court will sentence you.

Contact a Flower Mound DWI Defense Lawyer

If you have been arrested for a DWI or DUI in Texas, Abel Law Firm can help. Contact our board-certified DWI defense lawyers today to schedule your initial consultation.


Flower Mound Office

Phone: 972.584.7837

Denton Office