This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
When you get a DUI in Houston, TX, two separate legal processes start at the same time: a criminal case in Harris County courts and an Administrative License Revocation proceeding with the Texas Department of Public Safety. Most people have no idea what comes next after the handcuffs go on, and the confusion of those first hours can lead to choices that hurt the case. Harris County leads Texas in DWI enforcement; in 2024 alone, over 12,000 DWI charges were filed there. One key point upfront: Texas uses the term DWI (driving while intoxicated) for adults. DUI applies only to minors under 21. If you are an adult searching for "DUI," you are most likely facing a DWI charge. At LaVine Law Firm, we defend Houston-area clients against DWI charges and fight to protect their future from day one.
A DWI arrest in Houston follows a set pattern. Knowing what happens at each stage helps you understand your rights and where the defense begins.
Law enforcement must have reasonable suspicion to pull you over. This usually means a traffic violation, equipment defect, or erratic driving. Without a valid reason for the stop, the entire case may be challenged. Understanding your rights when police stop you is critical at this stage.
The arresting officer documents everything. Odor of alcohol, slurred speech, bloodshot eyes, and balance problems all go into the arrest report. These observations will serve as evidence for the prosecutor's office.
The officer may ask you to perform standard field sobriety tests at the scene:
Field tests are voluntary in Texas. Refusal cannot be used as evidence of guilt. Dash and body-worn cameras capture these tests, and video recordings often reveal problems with the officer's conduct.
After the field tests, the officer asks for a breath or blood sample. If you refuse, automatic consequences under Texas's implied consent laws kick in. If you take the test and your blood alcohol content is 0.08% or higher, the officer will arrest you.
Once arrested, you are taken to a Harris County jail facility for booking. Within 48 hours, a magistrate sets bond, reads you your Miranda rights, and issues warnings. A bail bondsman can help secure your release, but contacting a DWI attorney should be your first call.
A DWI arrest in Houston does not trigger just one legal process. It triggers two, and they run simultaneously. Most people know about the criminal case but have no idea about the ALR proceeding until it is too late to act.
The criminal case moves through Harris County courts in several stages:
Harris County has dedicated DWI prosecutors who handle these cases with force. Having a Houston criminal defense team familiar with Houston courts and local procedures gives you a real advantage.
The ALR process is a civil proceeding. It is run by the Texas Department of Public Safety, not Harris County courts. It is separate from your criminal case.
Here is the critical rule: you have exactly 15 days from the date of your arrest to request an ALR hearing with Texas DPS. If you miss this deadline, your license suspension starts on the 40th day after arrest. There are no extensions.
What triggers an ALR suspension:
Requesting the ALR hearing does more than just fight the suspension. It delays the suspension pending the hearing. It also lets your defense attorney cross-examine the arresting officer under oath. This is often the first and best opportunity to secure the officer's testimony before the criminal case moves forward. We handle ALR hearings for all Houston DWI clients as part of our full representation.
DWI penalties in Texas depend on the offense level. What most people think of as a "standard" DWI can jump to a felony based on prior convictions, a passenger's age, or whether someone was injured.
These are the two most common DWI charge levels in Houston and Harris County.
Under the Texas Penal Code, driving while intoxicated means operating a motor vehicle in a public place while impaired. Impairment means a blood alcohol content of 0.08% or higher, or loss of normal mental or physical abilities. First DWI penalties include:
A first DWI conviction is permanent. It cannot be expunged in Texas. It appears on every criminal record check for life.
A second DWI can increase insurance premiums and affect professional licenses. Both misdemeanor levels are tried in Harris County Courts at Law. The permanent nature of a DWI criminal conviction makes fighting the charge from day one worth every effort.
Three paths lead to a felony DWI in Houston. All are handled in Harris County District Courts.
Any prior DWI conviction from any state counts toward the third offense. There is no time limit.
Any DWI arrest where a child under 15 is in the vehicle is a state jail felony. This applies even if it is a first offense. The penalty is 180 days to 2 years in state jail and a fine of up to $10,000. Child endangerment charges may also apply, and CPS involvement and family law consequences can follow.
These cases involve accident reconstruction, toxicology, and expert witnesses. They are among the most contested DWI cases in Harris County.
Losing your driver's license in a city as car-dependent as Houston can disrupt your personal and professional life. Here is what happens to your driving privileges after a DWI arrest.
An occupational license allows limited driving during the suspension period for basic needs like work, school, and medical visits. It requires a court petition and is not granted on its own. We petition for occupational licenses on behalf of Houston clients facing driver's license suspension.
Getting your driver's license back requires paying reinstatement fees to the Texas Department of Public Safety, completing any required alcohol education program or DWI education program, and installing an ignition interlock device if ordered. Find out more about how to get your license back after a DUI. The ALR hearing request is the single most time-sensitive action after a Houston DWI arrest, and we handle it right away.
The long-term consequences of a DWI conviction reach far beyond jail time and fines. Most people do not think about these costs until after the conviction is entered.
A DWI criminal conviction in Texas is permanent. It cannot be expunged, even for a first offense. Deferred adjudication may be available in some cases, but it is not offered for all DWI charges. The conviction appears on all criminal background checks and can limit your options for years. Learn more about how long a DWI stays on your record in Texas.
A DWI hits your career in several ways:
A DWI conviction leads to a sharp rise in auto insurance premiums, often 50% to 100% or more. Some insurers cancel coverage. You may need SR-22 high-risk insurance (also called an SR-22 certificate) to keep your driver's license active. SR-22 insurance raises your auto insurance premiums for years. Understanding the full cost of a DWI in Texas helps you see why fighting the charge matters.
DWI convictions, especially at the felony level, can affect visa status, green card applications, and naturalization for non-citizens.
Fighting a DWI charge with a strong defense is almost always worth it. The DWI costs that follow a conviction, from fines and fees to lost jobs and higher insurance, add up fast. We evaluate every option to avoid or reduce a conviction for every client.
Texas uses DWI (driving while intoxicated) for adults. A Texas DUI applies only to minors under 21 with any detectable alcohol. Most adults searching for "DUI" are facing DWI charges.
You have 15 days from the date of arrest to request an ALR hearing with the Texas Department of Public Safety. Missing this deadline results in automatic license suspension starting on the 40th day.
Yes. Dismissal can happen through suppression of key evidence, challenging the traffic stop, or contesting breath and blood tests. The outcome depends on the facts and the quality of your legal defense. Read about whether charges can be dropped after an arrest in Texas.
Yes. A DWI conviction in Texas is permanent and cannot be expunged. It appears on all background checks for life, which makes a strong defense critical from the start.
Your driver's license is not suspended at the moment of arrest. Suspension starts on the 40th day unless you request an ALR hearing within 15 days. A defense attorney can file that request for you.
An occupational license allows limited driving during a DWI license suspension for needs like work and medical visits. It requires a court petition and is not granted on its own.
Speak to a Houston Defense Attorney Now
The clock starts the moment you are arrested. You have 15 days to request your ALR hearing, and waiting even one day too long can result in an automatic license suspension. LaVine Law Firm provides fast, full-scope DWI defense for clients in Houston and Harris County, covering both the criminal case and the ALR proceeding.
We also handle a full range of criminal defense matters across the Houston metro area, including drug possession, drug charges, drunk driving offenses, assault charges, domestic violence, sex crimes, sexual assault, impaired driving cases, resisting arrest, open container violations, and felony charges in Harris County, Fort Bend County, and Montgomery County. Our criminal defense attorneys are ready to fight for you.
Contact us today for a free case evaluation. We offer free consultations, same-day response after arrest, strict confidentiality, payment plans, and no obligation. Call our law office now. Your future is worth defending, and the time to act is today.
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