A DWI arrest in Houston can be overwhelming — but you don’t have to face it alone. The minutes and hours after being charged are confusing, but one deadline is more critical than any other. You have exactly 15 days to request an Administrative License Revocation (ALR) hearing to save your driver's license.
If you miss this window, your license will be suspended automatically. This is why your first, most important step is to contact a skilled DWI lawyer who can immediately protect your right to drive and start building your defense.
Your First 15 Days After a Houston DWI Arrest
A DWI arrest triggers two separate legal battles. The first is the criminal case, which can take months to resolve. The second is an administrative case brought by the Texas Department of Public Safety (DPS) to take away your license—and it moves incredibly fast.
This is the Administrative License Revocation (ALR) process. It operates on its own timeline, completely independent of your criminal court dates.
You have a strict, non-negotiable 15-day window from the date of your arrest to formally request a hearing to fight this suspension. Many people wait, thinking they have plenty of time, and suddenly lose their right to contest the suspension. Missing this deadline is one of the most critical and preventable mistakes you can make in your case.
Why This Deadline is Your First Strategic Advantage
Let's consider an example. A sales representative was arrested for a DWI on a Friday night. Confused and hoping the issue might resolve itself, he waited. He finally reached out to an attorney late on a Thursday—13 days after his arrest.
His legal team had to act immediately to file his ALR hearing request before the deadline closed. He came within hours of an automatic license suspension, which would have cost him his job. This stressful situation could have been easily avoided with a prompt call to an experienced attorney.
The ALR hearing is more than just a chance to save your license. It’s our first opportunity to challenge the state's evidence. We can question the arresting officer under oath, identify weaknesses in the prosecution’s case, and gather critical testimony long before the criminal trial begins.
This is why that 15-day deadline is so crucial. It's the first step in building a powerful defense.
As you can see, everything starts with that 15-day deadline. It connects your arrest to your first real chance to fight back. For a deeper dive into what happens at these proceedings, check out our guide on the Houston ALR hearing process. The bottom line is simple: you have to act fast.
How to Choose the Right Houston DWI Lawyer
After a DWI arrest, your first instinct might be to call any lawyer you can find. It's better to pause and be strategic. You don't just need an attorney; you need a dedicated advocate who lives and breathes Texas DWI defense.
A general practice lawyer may have good intentions, but DWI law is a highly technical field. The right DWI lawyer in Houston, Texas brings a specialized skill set to your case—one that can make a monumental difference in the outcome.
You need a professional who understands the science behind breathalyzers and blood tests and, more importantly, knows how to expose their flaws. An attorney certified in Standardized Field Sobriety Testing (SFST), for instance, can identify procedural errors made by the arresting officer. These mistakes can be the key to getting critical evidence suppressed.
Questions That Reveal True Expertise
When you meet with a potential attorney, your goal is to go beyond fees and office hours. You're interviewing a professional to protect your future. Their answers will reveal their experience and strategic mindset.
To properly vet a potential attorney, ask direct and insightful questions:
- How much of your practice is dedicated specifically to DWI cases? An attorney who handles DWI cases daily will be far more effective than one who only takes them occasionally. You want a specialist.
- What is your experience with the prosecutors and judges in Harris County? Deep local experience is invaluable. It provides insight into how different courts and prosecutors operate, which is a significant strategic advantage.
- How do you challenge breath and blood test results? A confident answer should involve discussing machine calibration, procedural errors, and even medical conditions that can skew results.
- What is your plan for my administrative license suspension? This question shows you whether they grasp the immediate threat to your driving privileges and have a clear strategy for the ALR process.
Your attorney should be a strategist, not just a representative. Their job is to deconstruct the state's evidence piece by piece, from the initial traffic stop to the final chemical test result.
Finding the right legal partner is the single most important step you can take. To help you in your search, our firm has put together a comprehensive guide on what to look for when you need to find a local DWI lawyer. Arming yourself with this knowledge ensures you can confidently choose a genuine advocate who will fight for you.
The Real Stakes of a Texas DWI Conviction
To understand the value of a strategic defense, it's important to know what’s on the line. A DWI conviction in Texas is a serious criminal offense with consequences that can impact your finances, your freedom, and your future for years to come.
The penalties increase with each offense, but don’t underestimate the impact of a first DWI in Texas. It is a Class B Misdemeanor, a classification that carries potential jail time, significant fines, and a mandatory driver's license suspension.
The financial penalties are also increasing. As of 2025, the maximum fine for a first-time DWI has been raised to $3,500. You can read more about these updated Texas DWI laws to get a complete picture.
Texas DWI Penalties Explained
The rapid escalation in penalties shows why it is so critical to fight DWI Texas charges from the very beginning. A conviction on your record makes any future allegation exponentially more severe.
Here’s a clear breakdown of potential penalties:
| Offense | Jail Time | Maximum Fine | License Suspension |
|---|---|---|---|
| First DWI | 3 to 180 Days | Up to $3,500 | Up to 1 Year |
| Second DWI | 30 Days to 1 Year | Up to $4,000 | Up to 2 Years |
| Third DWI+ | 2 to 10 Years (Felony) | Up to $10,000 | Up to 2 Years |
As you can see, Texas law is strict. A third offense becomes a felony, carrying the same legal weight as other serious crimes.
These formal penalties are just the beginning. The hidden costs and “collateral consequences” are what a skilled Houston DWI lawyer works tirelessly to help you avoid.
Beyond the courtroom, a conviction can lead to the mandatory installation of an ignition interlock device (IID) in your vehicle, soaring insurance premiums, and thousands of dollars in annual DPS surcharges just to maintain your license.
This is why a strong defense isn't a luxury—it's a necessity. Every part of the prosecutor's case can and should be challenged. Our role is to stand between you and these life-altering consequences, protecting your rights and fighting to keep this one mistake from defining your future.
Making Sense of the Houston DWI Legal Process
Getting arrested for a DWI can feel like being thrown into a maze without a map. The legal system can be intimidating, but there is a clear path forward. The process in Harris County follows a predictable timeline, and understanding it is the first step toward taking back control. Your attorney is your guide through every step, ensuring your rights are protected from start to finish.
Right after you’re arrested and booked, the first key event is the arraignment. This is your first official court appearance where a judge formally reads the charges against you. You’ll be asked to enter a plea—almost always "not guilty" at this early stage to preserve all your legal options. It is critical to have your Houston DWI lawyer with you.
Key Stages and What Your Attorney Does for You
After the arraignment, your case moves into the pre-trial phase. This is where the real work begins—it’s where your defense is built. Your lawyer will immediately start the discovery process. This is a formal legal demand for all the evidence the prosecution has, including:
- Police reports and officer notes
- Dashcam and bodycam video footage
- Breathalyzer or blood test results and maintenance records
- 911 call recordings
We analyze every document and video, looking for weaknesses in the state's case. For example, if the officer did not have a valid reason to pull you over, we can file a motion to suppress. This is a powerful legal tool that asks the judge to exclude any evidence gathered illegally. A successful motion can sometimes lead to the entire case being dismissed.
The legal process isn’t just a series of court dates. It's a series of strategic opportunities. Every step, from your first court appearance to negotiations with the prosecutor, is a chance for your attorney to challenge the state’s case and secure a better outcome for you.
Most DWI cases in Houston are resolved through plea negotiations rather than a full trial. Your attorney uses any weaknesses found in the prosecutor's evidence as leverage to argue for a better result, such as a reduced charge or even a dismissal. However, if a fair agreement cannot be reached, we are always prepared to take the fight to the courtroom and defend you at trial.
Building a Strong DWI Defense Strategy in Houston
An arrest for DWI can make you feel like the case is already lost, but that is not how our legal system works. An arrest is merely an accusation. The State of Texas has the entire burden of proving its case beyond a reasonable doubt, and its evidence is often not as solid as it first appears.
A skilled DWI lawyer in Houston, Texas, knows that every piece of evidence presents an opportunity to build a powerful defense. We start by deconstructing the prosecution's narrative, piece by piece, from the very beginning.
It all starts with the traffic stop. Was it lawful? An officer cannot pull you over on a hunch; they must have a legitimate reason, such as a clear traffic violation. If the stop was illegal, any evidence they collected afterward—including tests and statements—could be thrown out of court.
From there, we place every action the officer took under a microscope. This includes a close look at how the field sobriety tests (FSTs) were administered. These tests are notoriously subjective and are difficult for anyone to perform perfectly, even when completely sober and under ideal conditions.
Challenging the Prosecution's Evidence
The core of a strong DWI defense is creating reasonable doubt by finding holes in the state's evidence. It’s about questioning the science, the procedures, and the people involved. This is where a strategic Texas DUI attorney can methodically dismantle the case against you.
We focus on the prosecution's biggest vulnerabilities:
- Breath and Blood Test Results: These chemical tests seem scientific, but they are highly susceptible to human error and machine malfunctions. We investigate everything—the breathalyzer's calibration records, its maintenance history, and the qualifications of the person who administered the test.
- Procedural Errors: Police must follow a strict protocol during a DWI investigation. Any misstep, such as giving improper instructions for an FST or failing to conduct the required 15-minute observation period before a breath test, can render the results unreliable.
- Medical Conditions: A surprising number of health issues can mimic signs of intoxication. Conditions like diabetes, GERD (acid reflux), or even being on a low-carb diet can produce symptoms that confuse officers or create false positives on a breathalyzer.
A winning defense is built in the details. It takes an attorney who can spot the subtle mistakes and inconsistencies that others miss, turning the prosecution's perceived strengths into significant weaknesses.
Ultimately, the goal is to show the judge or jury that the state’s evidence is not credible enough for a conviction. A DWI charge is serious, but it is not a lost cause. With the right strategy, you can effectively fight DWI Texas charges and protect your future.
Why Local Harris County Experience is a Non-Negotiable
When you’re facing a DWI charge in Houston, the attorney you choose is critical. Just as important is where they practice. The Harris County court system is one of the busiest in the nation. A DWI lawyer in Houston, Texas who is in those courtrooms every day has a home-field advantage you cannot afford to be without.
This isn't about knowing the courthouse address. It’s about understanding the unwritten rules and tendencies of the local prosecutors and judges who will play a role in your case.
Consider this: in 2022 alone, Harris County recorded a staggering 23,075 DWI arrests. That volume creates a unique legal environment, and an attorney unfamiliar with it will be at a disadvantage.
The Real Advantage of a Local Insider
A lawyer with deep roots in the Harris County legal community has spent years building professional relationships. These connections are invaluable. They know which prosecutors are more open to negotiating favorable plea agreements and which arguments resonate best with specific judges.
This local insight isn't a minor perk; it's a powerful strategic asset for your defense.
Familiarity with the local legal landscape isn’t a small detail—it's a critical component of a strong defense. An attorney who understands the nuances of the Houston courts can navigate your case more effectively, from negotiating a plea to preparing for trial.
This insider’s perspective can directly influence the outcome of your case. For a deeper look at what it takes to build a winning strategy, check out our Houston DWI defense guide.
Common Questions We Hear About Houston DWI Cases
When you're facing a DWI charge in Houston, it's natural to have questions. It's a confusing and stressful time. Here are straightforward answers to the concerns we hear most often from people in your situation.
Can I Still Drive After a DWI Arrest?
Yes, but you must act quickly. You have a very small window—just 15 days from the date of your arrest—to protect your driving privileges.
During that time, your lawyer must request an Administrative License Revocation (ALR) hearing. This is your only opportunity to challenge the automatic DWI license suspension that the state will try to impose. If you miss that 15-day deadline, you lose your right to fight the suspension. A proactive Texas DUI attorney will file this request for you immediately, protecting your ability to drive to work and care for your family while the case proceeds.
Should I Just Plead Guilty to Get It Over With?
Pleading guilty may seem like the easiest path, but it is a permanent decision with consequences that can last a lifetime. A guilty plea results in a permanent criminal conviction that can affect your employment, housing applications, and professional licenses for years to come.
An arrest is not a conviction. Pleading guilty means giving up before the fight even begins. You lose the chance to have an experienced attorney challenge the evidence, which may be weaker than you realize.
Before you consider any plea, you need to speak with a DWI lawyer in Houston, Texas. A skilled attorney will analyze the prosecution's case, looking for flawed breathalyzer tests, improper police stops, and other weaknesses that can be used to fight DWI Texas charges.
What if I Have a Prior DWI?
A prior conviction certainly raises the stakes, but it does not make your case unwinnable. The State of Texas still carries the full burden of proving this new charge beyond a reasonable doubt.
An experienced lawyer knows how to defend repeat-offense cases by focusing exclusively on the facts of your current situation. The goal remains the same: we are here to protect your rights and achieve the best possible outcome, whether that is a dismissal, a reduced charge, or minimized penalties. Your past does not have to dictate your future.
A DWI arrest can be an isolating and frightening experience, but you do not have to go through it by yourself. The legal team at The Law Office of Bryan Fagan, PLLC is here to stand up for you, protect your rights, and build the strategic defense your case deserves.
We invite you to contact us for a free, confidential consultation to discuss your case. Let us help you understand your options and take the first step toward putting this behind you.
