A DWI arrest can be overwhelming—but you don’t have to face it alone. If you've been charged with a DWI, you have to move fast. The single most important first step is requesting an Administrative License Revocation (ALR) hearing. You only have 15 days from your arrest to do this, and it's your only shot at preventing an automatic driver's license suspension. At the same time, you need to get a skilled Texas DWI lawyer on your side to start picking apart the state's evidence from day one.
A DWI Arrest Is Not a Conviction
Let's be honest: facing a DWI charge in Texas is overwhelming. From the moment those flashing lights hit your rearview mirror, the entire process is designed to make you feel powerless and isolated. But you need to remember one critical fact: an arrest is not a conviction. It’s just the start of a legal fight—one where you have rights and the ability to push back.
Too many people assume a DWI charge is a guaranteed loss, but that’s just not true. The burden is on the state to prove every single element of its case beyond a reasonable doubt, and their evidence is often shakier than you’d think. Police reports are full of errors, field sobriety tests are notoriously subjective, and even the breathalyzer machines can be wrong.
You Have a Limited Time to Act
The most urgent deadline you’re facing has nothing to do with your criminal case. It’s all about your driver’s license.
After a DWI arrest in Texas, you have just 15 days to request an Administrative License Revocation (ALR) hearing. If you miss this window, your license will be automatically suspended. No exceptions.
This hearing is completely separate from your criminal court date and gives your attorney the first—and best—opportunity to challenge the state’s case. It's a strategic move that allows your lawyer to question the arresting officer under oath, locking them into their story and often exposing weaknesses that become pure gold for your criminal defense later on.
It's a common myth that almost every DWI charge ends in a conviction. The numbers tell a different story. In 2020, Texas filed 83,088 DWI charges. More than 10,000 of those cases were either dismissed or resulted in no charge being filed at all. That means roughly 12% of defendants had their cases resolved in their favor without a conviction. You can explore more DWI defense statistics and see for yourself how winnable these cases can be.
The first two weeks after a DWI arrest are a whirlwind, but taking specific, decisive actions can protect your rights and set the foundation for a strong defense. This table outlines the must-do steps.
Your First 15 Days After a DWI Arrest Key Actions
| Action Item | Why It's Critical | Deadline |
|---|---|---|
| Request ALR Hearing | Prevents automatic driver's license suspension and allows your attorney to cross-examine the officer early. | Within 15 days of arrest |
| Hire an Experienced DWI Lawyer | An expert can immediately start preserving evidence, filing motions, and guiding you through the complex legal process. | As soon as possible |
| Write Down Everything You Remember | Document every detail of the traffic stop, arrest, and testing procedures while it's still fresh. These details can be vital. | Immediately |
| Gather Potential Evidence | Collect any receipts, witness contact information, or photos that could help establish a timeline or challenge the officer's report. | Within the first few days |
Don't let these crucial first days slip by. Each action you take (or fail to take) has a direct impact on the outcome of both your license and your criminal case.
Building Your Defense Starts Now
The best thing you can have on your side right now is momentum. The hours and days right after your arrest are absolutely critical for gathering evidence and protecting your rights. A sharp Houston DWI lawyer will immediately start digging into every detail of your case, from the legality of the traffic stop itself to the maintenance and calibration records of the breathalyzer machine.
Don't let fear or uncertainty paralyze you. Taking decisive action by calling an attorney puts the power back in your hands and lays the groundwork for a smart, strategic defense.
Navigating the Two Fronts of a Texas DWI Case
When you get charged with a DWI in Texas, it feels like one massive, overwhelming problem. But what most people don't realize is that you're actually fighting two separate legal battles at the same time. Each one has its own rules, its own timeline, and its own devastating consequences.
Getting a handle on this two-front war is the absolute first step toward building a defense that can win.
One battle is the criminal case. This is the one everyone thinks about, where a prosecutor tries to prove you were driving while intoxicated. A conviction here means fines, probation, and potentially even jail time.
The second, and more immediate, battle is the civil administrative fight. This is the Administrative License Revocation (ALR) hearing, and it’s laser-focused on one thing: your privilege to drive in Texas.
The Criminal Case vs. The ALR Hearing
Your criminal DWI case will wind its way through the county court system, a process that can easily take months—sometimes more than a year—to finish. The bar for the state is incredibly high. They have to prove their case "beyond a reasonable doubt." This is the world of court dates, plea negotiations, and, if it comes to it, a full-blown jury trial.
The ALR process, on the other hand, kicks in the moment you're arrested and moves at lightning speed. You have just 15 days from the date of your arrest to request this hearing. If you miss that deadline, the Texas Department of Public Safety (DPS) automatically suspends your driver's license, period.
This suspension happens whether you're ever found guilty of the criminal DWI charge or not.
This infographic breaks down the immediate steps you have to take to protect yourself on both fronts.
As you can see, your first moves—especially requesting that ALR hearing and hiring an attorney—are incredibly time-sensitive. They set the entire tone for your defense strategy.
Implied Consent and Your Driver's License
So, why does this ALR process even exist? It's a direct result of Texas's implied consent law. This law is simple: by accepting a Texas driver's license, you have already legally agreed to give a breath or blood sample if you're lawfully arrested for DWI.
If you refuse to give a sample, or if you provide one that shows a Blood Alcohol Concentration (BAC) of 0.08% or higher, the ALR process is triggered. The state wastes no time moving to suspend your license, which is exactly why that 15-day deadline is so brutally important.
The ALR hearing is so much more than a formality to save your license. For an experienced DWI lawyer, it's a golden opportunity. This hearing is often our first—and sometimes only—chance to get the arresting officer under oath and on the record before the criminal trial even begins.
Using the ALR Hearing as a Strategic Weapon
Getting that pre-trial testimony is priceless. During the ALR hearing, your attorney gets to cross-examine the officer on every single detail of the traffic stop, the arrest, and any testing procedures they performed.
We get to ask the hard questions that can make or break a case:
- What was the specific, lawful reason you pulled my client over in the first place?
- What exact "clues" of intoxication did you personally see, and when did you see them?
- Did you follow the standardized, mandatory protocol for the field sobriety tests, step-for-step?
- Were you even certified to operate the breathalyzer machine on the date of this arrest?
The answers to these questions are locked in, recorded under oath. If the officer tries to change their story or contradict their police report later on during the criminal trial, we can use their own words to shred their credibility in front of a jury.
By finding these weaknesses early, we build a much stronger criminal defense and gain critical leverage for negotiating with the prosecutor. To go deeper on this, you can learn more about the complete Texas ALR hearing process in our guide.
Fighting a DWI in Texas demands a two-pronged attack. By hitting the state hard in both the ALR hearing and the criminal court, we can work to protect your license while simultaneously dismantling the prosecutor's case against you.
Challenging the Initial Traffic Stop and Arrest
Every single DWI case in Texas starts the same way: with a traffic stop. This first interaction is the bedrock of the prosecution's entire case against you. If we can show that foundation is cracked—that the officer had no legitimate, legal reason to pull you over in the first place—everything that comes after can be thrown out of court.
That includes the field sobriety tests, the breath or blood test results, and any statements you made. This is often the single most powerful way to fight a DWI charge.
An officer can't just pull you over on a hunch or a gut feeling. The U.S. Constitution demands more. They must have reasonable suspicion you've broken a traffic law or are involved in some kind of criminal activity. That’s a specific legal standard, and our job is to make sure they're held to it.
Deconstructing the Reason for the Stop
The moment we take on a new case, our first move is to get our hands on the police report and, more importantly, any available dashcam or bodycam footage. We pour over this video, frame by frame, to see if the officer's story holds up. Does the video evidence actually match the reason they wrote down in their report?
Often, it doesn't. We see the same justifications over and over:
- Minor Traffic Violations: The officer claims you failed to signal for 100 feet before turning or that your tires touched the lane divider. But the video might show you signaled properly, or your tires only got close to the line, which isn't illegal.
- "Weaving" Within a Lane: This is a classic, because it’s so subjective. A slight, momentary drift while you're reaching for your coffee isn't a crime. We argue that the driving pattern simply didn't rise to the level of reasonable suspicion needed for a stop.
- Anonymous Tips: A 911 call from an anonymous "concerned citizen" isn't enough on its own. The officer has to independently confirm the tip by observing illegal driving behavior before they can legally pull you over.
If we find the stop was illegal, we file a Motion to Suppress evidence. When the judge agrees, the case is frequently dismissed on the spot. Your nightmare could end right there.
A traffic stop isn't just a friendly chat; it's a seizure under the Fourth Amendment. This means the government, through its police officers, must have a constitutionally valid reason to detain you, even for a moment. Without it, your rights have been violated.
Scrutinizing the Arrest Procedure
Okay, so let's say the initial stop was technically legal. The officer’s work isn’t done. They have to follow strict legal protocols to move from a simple stop to a full-blown arrest. The investigation must build from reasonable suspicion for the stop to probable cause for the arrest.
Probable cause is a much higher legal standard. It requires solid facts that would lead a reasonable person to believe you were driving while intoxicated.
We analyze every single thing the officer did after they turned on their lights. Were your rights violated at any point? Answering this question is a critical part of building a defense.
For instance, we dig into:
- Improper Administration of Field Sobriety Tests: These tests are notoriously unreliable and have to be done in a very specific, standardized way. If the officer gives bad instructions, conducts the test on an uneven surface, or fails to check for medical conditions, the results are junk.
- Failure to Read Miranda Rights: Were you in custody (not free to leave) and being questioned about the offense? The officer had to read you your Miranda Rights. If they didn't, any incriminating statements you made can be suppressed.
- Lack of Justification for Arrest: Did the officer just jump to a conclusion? We challenge whether the "clues" they claim to have seen—like red eyes or fumbling for a wallet—truly add up to probable cause, or if they were just looking to make an arrest.
A skilled attorney looks at the entire chain of events with a critical eye. We're searching for the procedural mistakes and constitutional violations that can unravel the prosecution’s case from the inside out. Understanding what happens during a DWI stop and what your rights are is your first line of defense. By finding the officer's errors, we create the reasonable doubt necessary to protect your freedom.
How to Dispute Sobriety and Chemical Test Evidence
The evidence that feels most solid in a DWI case—the field sobriety tests and that final number from a breath or blood test—is often the shakiest. Prosecutors love to present these results as hard, scientific facts, but the reality is they are frequently riddled with human error, sloppy procedures, and questionable science.
A lot of people think failing these tests means the fight is over. That couldn't be further from the truth. An experienced DWI lawyer knows exactly how to dismantle this so-called "evidence," exposing the weaknesses that create reasonable doubt. This is a cornerstone of fighting a DWI charge.
Deconstructing Field Sobriety Tests
The Standardized Field Sobriety Tests (SFSTs) are the three exercises the National Highway Traffic Safety Administration (NHTSA) developed to help officers spot impairment. You’ve probably seen them on TV: the Horizontal Gaze Nystagmus (the eye test), the Walk-and-Turn, and the One-Leg Stand.
Though they sound official, these tests are incredibly subjective and prone to error. They aren't simple pass/fail tests. Instead, officers are trained to look for specific "clues" that they interpret as signs of intoxication. The problem? Countless things besides alcohol can cause a perfectly sober person to show those same clues.
We challenge FST results by digging into all the conditions that could cause a false "failure," including:
- Environmental Factors: Was it dark? Was the ground uneven or sloped? Were passing cars distracting you? Performing these coordination exercises on the side of a busy road is nearly impossible for anyone.
- Medical and Physical Conditions: Inner ear problems, neurological issues, old leg or back injuries, and even your age and weight can wreck your balance and coordination on a good day.
- Officer Error: The officer is required to give instructions and demonstrate the tests exactly as prescribed by NHTSA. If they deviate even slightly from the strict protocol, the results can be thrown out.
- Nervousness and Intimidation: Let's be honest, getting pulled over is terrifying. With police lights flashing in your eyes, the stress alone is enough to make anyone fumble, seem unsteady, or struggle to follow complex directions.
By highlighting these very real issues, we can effectively argue that the officer's conclusion was based on biased observations, not concrete proof.
Exposing Flaws in Chemical Test Results
Seeing a Blood Alcohol Concentration (BAC) reading of 0.08% or higher can feel like a conviction is inevitable. But the machines and the people operating them are far from perfect. Whether it's a breathalyzer at the station or a blood draw at a hospital, there are numerous ways errors can creep in and make the result totally unreliable.
When it comes to a breath test, the machine itself is often the weakest link. These devices need constant maintenance, software updates, and precise calibration to work right.
A breathalyzer isn't some magical, infallible scientific tool. It's a machine. And like any machine, it can—and does—make mistakes. Your attorney has the right to demand the device's entire history, from calibration logs to repair records, to hunt for any sign of malfunction or neglect.
Common ways we challenge breath test evidence include:
- Improper Observation Period: The officer must watch you for a full 15 minutes before administering the test. This is to ensure you don’t burp, vomit, or put anything in your mouth, as any of these can contaminate the breath sample and skew the results.
- Radio Frequency Interference (RFI): Believe it or not, police radios, cell phones, and other electronics can interfere with the machine’s internal components, potentially causing an artificially high BAC reading.
- Medical Conditions: Things like acid reflux (GERD) or diabetes can create compounds in your breath that a breathalyzer can easily mistake for alcohol.
Blood tests are generally seen as more accurate, but they bring their own set of human-related errors into the mix. The "chain of custody" is everything. We scrutinize every single step, from the needle going in to the final lab analysis. Was the vial sealed correctly? Was it stored at the right temperature? Was the person who drew your blood even certified to do so?
Nationally, about 40% of DUI cases end up being reduced to lesser charges or dismissed completely, often because of unreliable test results. It is clear that attacking the state's evidence is a powerful and effective strategy.
Remember, you can and should challenge breathalyzer results in Texas if there's any reason to doubt their accuracy. The state's case is never as airtight as they want you to believe.
Navigating the Court Process and Plea Negotiations
Once you’ve dealt with the immediate chaos of a DWI arrest and the ticking clock of the ALR hearing, your case settles into the formal Texas court system. For most people, this is the most intimidating part. It’s a world of legal jargon, confusing procedures, and long waits. But understanding the road ahead helps strip away the mystery and puts you in a position to make smart decisions with your attorney.
The court process isn't a single, dramatic courtroom showdown like you see on TV. It’s a methodical series of steps. It kicks off with an arraignment, your first formal court date. This is where a judge officially reads the charges, and you’ll enter a plea. At this early stage, that plea is almost always "not guilty," which is crucial for preserving all of your legal rights.
After that, your case moves into a series of pre-trial hearings and what’s known as the discovery phase. This is where your Houston DWI lawyer does some of the most important behind-the-scenes work, filing motions to attack the state's evidence and demanding every piece of material the prosecutor plans to use against you.
Understanding Plea Bargaining and Negotiations
A huge number of DWI cases in Texas never actually make it to a jury trial. Instead, they’re resolved through plea negotiations, where your attorney and the prosecutor hammer out a deal. The goal is to avoid the uncertainty and high cost of a trial by agreeing to a better outcome, like a reduced charge or a lighter sentence.
This isn’t about giving in or admitting guilt. It's a strategic maneuver executed from a position of strength.
By digging into every detail—challenging the traffic stop, questioning the field sobriety tests, and exposing flaws in the chemical test evidence—your lawyer builds leverage. When a prosecutor sees their case has serious weak spots, like an unlawful stop, a glitchy breathalyzer, or a police video that contradicts the report, they suddenly become much more open to making a deal.
A powerful defense forces the state to rethink its odds of winning in front of a jury.
A common myth is that a DWI charge is a fight you either win or lose completely. The reality is that a well-executed negotiation can be a massive victory in itself, especially if it gets the charge dropped to something that isn't alcohol-related, protecting your record and your future.
Potential Outcomes of a Plea Agreement
The holy grail of a plea bargain is often getting the DWI charge reduced to something far less damaging. One of the best-case scenarios in Texas is a reduction to Obstruction of a Highway.
While it's still a Class B Misdemeanor—the same level as a first-time DWI—a conviction for Obstruction of a Highway offers massive advantages:
- No DWI on Your Record: This is the big one. It’s not an alcohol-related driving offense, which saves you from the stigma and the harsher penalties that come with any future DWI.
- Insurance Benefits: Your auto insurance company will see this far more favorably than a DWI, helping you dodge those catastrophic rate hikes.
- Future Opportunities: It looks much better on background checks for jobs or professional licenses.
Getting this kind of result is a direct reflection of the strength of the defense your attorney has built. If there's no evidence of police mistakes or unreliable tests, the prosecutor has zero incentive to offer such a great deal.
Why Negotiations Are a Powerful Tool
The numbers don't lie. Negotiations are an incredibly common and effective tool in Texas DWI cases. Just look at the data—a huge percentage of DWI charges are resolved as something other than the original offense.
In 2020, there were 83,088 DWI charges filed in Texas. Only 33,476 people pled guilty to that original charge. Meanwhile, 10,302 were convicted of lesser offenses, almost certainly as a result of plea negotiations. When you add in dismissals, the numbers show that nearly a quarter of all DWI defendants in Texas either get their charges dismissed, negotiate a better deal, or are found not guilty. You can explore more insights on DWI case statistics here.
This data highlights a critical truth: fighting a DWI isn’t just about hoping for a dismissal. It’s about creating opportunities for a better outcome through skilled legal work and tough negotiation, ensuring one mistake doesn’t end up defining the rest of your life.
Common Questions We Hear About Fighting a DWI in Texas
When you're staring down a DWI charge, the questions start piling up fast. The uncertainty is often the worst part. We get it. Below, we've answered some of the most common, urgent questions our attorneys hear every day from people in your exact shoes. The goal here is clarity and a solid game plan.
Can I Really Beat a DWI if I Failed the Breath Test?
Absolutely. A high Blood Alcohol Concentration (BAC) reading feels like a slam dunk for the prosecution, but it’s just one piece of evidence. And frankly, it’s often a flawed one. A skilled DWI lawyer knows exactly where to look for weaknesses.
We immediately dig into the breathalyzer’s maintenance records, the officer’s training history, and even the exact timing of the test. So many things can throw off that number, including:
- Rising Blood Alcohol: Your BAC can keep rising for a while after you’ve stopped drinking. This is a huge deal. A test taken an hour after you were pulled over might show a higher BAC than what it was when you were actually driving.
- Medical Conditions: Things like acid reflux (GERD) or even diabetes can create compounds on your breath that a machine can easily mistake for alcohol. It happens more than you’d think.
- Procedural Mistakes: The officer is required to conduct a 15-minute observation period before giving you the breath test. If they get distracted, look away, or cut it short, the sample could be contaminated, and the results can be thrown out.
Our job is to dismantle the idea that the machine is infallible. We show the court that the number it produced isn't the reliable proof the prosecution claims it is.
Will I Go to Jail for a First-Time DWI in Texas?
While jail time is technically on the table for any DWI, it’s not the most likely outcome for a first offense. This is especially true if there are no “aggravating factors”—things like an accident, a child in the car, or an extremely high BAC. The minimum jail sentence for a first-time DWI is 72 hours, but this is often avoided.
Our number one goal is always to get the entire case dismissed. Period. If that’s not possible, we pivot to fighting for alternatives to jail. Community supervision (probation) is a very common outcome for first-time DWI cases, which keeps you out of a jail cell. We fight tooth and nail to protect your freedom and keep your life on track.
How Much Does It Cost to Hire a DWI Lawyer in Houston?
The cost of hiring a top-tier Houston DWI lawyer really depends on the specifics and complexity of your case. It's truly an investment in your future, and you have to weigh it against the staggering costs of a conviction. A DWI on your record can cost you thousands in fines, lead to sky-high insurance premiums for years, and create a permanent criminal record that can kill your career opportunities.
We believe in being upfront. That’s why we offer a free consultation to go over your case and give you a clear, flat-fee price. You'll know exactly what to expect, with no hidden costs down the line.
A strong defense is always more affordable than the long-term consequences of a conviction.
What Are the First Things I Should Do After a DWI Arrest?
The moves you make in the first few hours and days are absolutely critical. Here’s what to do immediately:
- Write Down Everything You Remember. As soon as you can, grab a pen and paper or open a note on your phone. Write down every single detail about the stop, the conversation, the field sobriety tests, and the arrest itself. Memories fade fast, and a small detail can become a game-changer.
- Find Your Paperwork. Locate all the documents the police gave you, especially the form titled "Notice of Suspension." This paper is vital—it officially starts the 15-day countdown to request your Administrative License Revocation (ALR) hearing to save your driver's license.
- Don't Talk About Your Case. Keep the details of your arrest to yourself. Don't discuss it with anyone except a potential attorney. Anything you say to friends, family, or on social media can be used against you.
- Call an Experienced DWI Lawyer. This is the most important step you can take. The sooner we get started, the faster we can protect your rights, preserve crucial evidence, and start building your defense.
A DWI charge can feel like your world is caving in, but it doesn’t have to be. With a strategic defense and an experienced team in your corner, you can fight for your future. Don't face this alone.
The team at The Law Office of Bryan Fagan, PLLC is ready to stand with you. We invite you to request a free, confidential case evaluation to discuss your specific situation. Let us show you how we can help protect your rights, your license, and your record.
