What to Expect When Pulled Over for DWI in Keller & Southlake, Texas

Short answer: Yes. In Texas you can be charged with DWI without drinking any alcohol at all. The Penal Code defines "intoxicated" to include losing the normal use of your mental or physical faculties because of a controlled substance, a drug, a dangerous drug, a combination of substances, or "any other substance," and having a valid prescription "is not a defense." Unlike alcohol, Texas has no fixed legal limit for THC or other drugs, so in a drug DWI case the State generally has to prove actual impairment, not just that a drug showed up in your blood.

Many people are surprised to be arrested for DWI after a stop where the breath test showed little or no alcohol. In Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties, officers often follow up with a blood warrant, a drug recognition evaluation, and a lab analysis for marijuana, prescription medications, or other drugs. Those cases look different from a typical alcohol DWI, and they are often defended differently.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth DWI attorneys defend drug-related DWI charges across the Dallas-Fort Worth area. This guide explains what Texas law says about DWI by drugs, THC, and prescription medications, how the State tries to prove these cases, and the questions that often decide them.

Key Takeaways

• Drug DWI is the same offense as alcohol DWI. Texas Penal Code §49.01(2)(A) defines intoxication to include impairment from "a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance" (Tex. Penal Code §49.01).
• A prescription is not a defense. Under §49.10, the fact that a person "is or has been entitled to use" the drug "is not a defense" (Tex. Penal Code §49.10).
• There is no per se limit for drugs. The 0.08 rule in §49.01(2)(B) applies only to alcohol concentration. For drugs, the State must prove loss of normal use of mental or physical faculties.
• THC in blood is a poor measure of impairment. NHTSA has reported that "THC level in blood (or oral fluid) does not appear to be an accurate and reliable predictor of impairment from THC" (NHTSA Report to Congress).
• Jury instructions must match the evidence. The Texas Court of Criminal Appeals held in Burnett v. State (2017) that a trial court must submit "only the portions of the statutory definition of 'intoxicated' that are supported by the evidence" (Burnett opinion).
• Refusing a test still has license consequences. Implied consent covers testing for drugs as well as alcohol, and a refusal generally leads to a 180-day license suspension for a first refusal (Tex. Transp. Code ch. 724).

Can You Get a DWI in Texas Without Drinking Alcohol?

Yes. Texas Penal Code §49.04(a) makes it an offense to be "intoxicated while operating a motor vehicle in a public place" (Tex. Penal Code §49.04). The key word is "intoxicated," and §49.01(2) gives two separate ways to prove it:

1. Loss of normal use: "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body"; or
2. Per se alcohol: "having an alcohol concentration of 0.08 or more."

Only the first definition applies to drugs. That means a DWI can be based on marijuana or THC products, prescription painkillers, anti-anxiety medications, sleep aids, muscle relaxers, stimulants, over-the-counter medications that cause drowsiness, or a mix of alcohol and any of these. A first DWI is generally a Class B misdemeanor with a minimum of 72 hours of confinement, regardless of which substance is alleged.

Is a Prescription a Defense to DWI in Texas?

No. Texas Penal Code §49.10 says that in a DWI prosecution, "the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense" (Tex. Penal Code §49.10).

That does not mean anyone taking a prescription is guilty of DWI. The legal question is still whether the medication caused you to lose the normal use of your mental or physical faculties while you were driving. Many people take prescribed medications every day at stable doses and drive normally. A prescription can still matter as evidence. It can explain why a drug was in your system, show how long you had been taking it, and show that you were used to its effects. What it cannot do is serve as a complete legal excuse if impairment is proven.

Is There a Legal Limit for THC or Drugs in Texas?

No. Texas has no per se limit for THC or any other drug. The 0.08 threshold in §49.01(2)(B) is specifically an "alcohol concentration," which the statute defines as grams of alcohol per volume of breath, blood, or urine (Tex. Penal Code §49.01).

This matters because drug test results are often less meaningful than people assume. NHTSA's report to Congress on marijuana-impaired driving explained that, in the studies that have been conducted, "the consistent finding is that the level of THC in the blood and the degree of impairment do not appear to be closely related," and that "peak impairment does not occur when THC concentration in the blood is at or near peak levels" (NHTSA Report to Congress). NHTSA has also noted that THC metabolites "can be detected in the blood and urine for days to weeks after consumption, long after any impairing effects of the drug have concluded" (NHTSA Countermeasures That Work).

In other words, a lab report showing THC or a metabolite proves that the substance was present at some point. On its own, it may not prove that you were impaired at the time you were driving. For more on Texas marijuana law generally, see our guide to marijuana laws in Texas.

How Does the State Try to Prove a Drug DWI?

Because there is no drug equivalent of a 0.08 breath test, prosecutors usually build drug DWI cases from several pieces of evidence:

Type of evidence	What the State uses it for	Common defense questions
Driving behavior	Shows impairment on the road	Was there a traffic violation, or an innocent explanation such as weather, road design, or fatigue?
Officer observations	Slurred speech, pupil size, unsteadiness, confusion	Are these signs consistent with the specific drug alleged, or with a medical condition, nerves, or fatigue?
Field sobriety tests	Divided-attention performance	Were the tests designed and validated for alcohol, and were they given correctly?
Drug recognition evaluation	An officer's opinion on the drug category causing impairment	Was the evaluator properly certified, and did he follow the full protocol?
Blood test	Shows which substances were present	Does the level show impairment at the time of driving, or only past use? Was the blood properly collected, stored, and tested?
Statements	Admissions about what was taken and when	Were the statements voluntary, and are they consistent with the lab results?

Why expert testimony often matters

Texas courts have long treated drug intoxication differently from alcohol intoxication. Describing the Court of Criminal Appeals' decision in Smithhart v. State, 503 S.W.2d 283 (Tex. Crim. App. 1973), the Dallas Court of Appeals explained that while alcohol intoxication is common enough that "its recognition requires no expertise," intoxication by drugs requires expert testimony or evidence connecting the symptoms to a conclusion that the person was under the influence of a drug to the point of impairment (Waller v. State, Tex. App. Dallas 2009).

The Waller court also made clear that modern sufficiency review considers all of the evidence, including an officer's opinion and a refusal to test. So the absence of an expert does not automatically end a case. But the quality of the State's drug evidence is often the central battleground.

Drug recognition evaluators

Many DFW agencies use officers trained as drug recognition experts (DREs). These officers follow a standardized evaluation to form an opinion about whether a person is impaired and which drug category is involved. Texas appellate courts have admitted DRE testimony in a number of cases, including where the officer explained his training and methodology (Sanders v. State, Fort Worth Court of Appeals 2020). That does not make every DRE opinion reliable. The evaluator's training, whether each step was completed, and whether the opinion matches the toxicology results are all fair subjects for cross-examination.

What Happens When Alcohol and Drugs Are Combined?

Many DWI cases involve a small amount of alcohol plus a medication. Texas law allows the State to rely on the combined effect. In Gray v. State, 152 S.W.3d 125 (Tex. Crim. App. 2004), the Court of Criminal Appeals upheld a "synergistic effect" jury instruction where there was evidence that the defendant's prescription antidepressants made him more susceptible to the effects of alcohol. As the Texas District and County Attorneys Association summarizes it, the court "concluded that the substance that causes intoxication is not an element of the offense. Instead, it is an evidentiary matter" (TDCAA case law summary). We have written about this issue before in our posts tagged synergistic effect.

There is an important limit. In Burnett v. State (Tex. Crim. App. 2017), pills were found in the driver's jacket and an officer thought some might be hydrocodone. The Court of Criminal Appeals held that the jury charge was erroneous because it included the full drug definitions of "intoxicated" without evidence supporting them. The court explained that the trial court must submit "only the portions of the statutory definition of 'intoxicated' that are supported by the evidence. To do otherwise is error." There was no evidence showing what kind of drug hydrocodone is, whether it can cause intoxicating effects, or whether the driver's symptoms were consistent with it (Burnett opinion).

The practical lesson is that the State cannot simply point to pills in a car and ask a jury to assume they caused impairment. It needs evidence tying the substance to the person's condition.

Do You Have to Give Blood for a Drug DWI Test?

Texas's implied consent law covers drugs as well as alcohol. A person arrested for DWI "is deemed to have consented" to a breath or blood specimen "to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance" (Tex. Transp. Code §724.011). A breath test only measures alcohol, so if an officer suspects drugs, he will usually ask for blood.

You can refuse, but refusal has consequences. Under §724.035, a refusal generally results in a 180-day license suspension for a first refusal. Officers in DFW also frequently obtain blood search warrants after a refusal, especially on no-refusal weekends. Our guide to refusing field sobriety tests covers the separate question of roadside tests.

If your license is suspended after a refusal, you have only 15 days from receiving notice to request an Administrative License Revocation hearing. See our guide to the ALR hearing and the 15-day deadline. At that hearing, the issues include whether there was reasonable suspicion or probable cause for the stop or arrest and whether you refused a specimen request (Tex. Transp. Code §724.042).

What Defenses Apply in a Drug or THC DWI Case?

Every case depends on its facts, but common issues in DFW drug DWI cases include:

1. The stop. Was there reasonable suspicion of a traffic violation or criminal activity before the officer pulled you over?
2. Probable cause for the arrest. Did the officer have enough evidence of impairment, not just a smell, a statement, or a medication bottle?
3. Timing. How long after driving was blood drawn, and what does that mean for any opinion about impairment at the time of driving?
4. The lab work. Chain of custody, storage, testing methods, and whether the lab reported active drug or only inactive metabolites.
5. The DRE evaluation. Whether every step of the protocol was completed and documented, and whether the officer's drug-category opinion matches the toxicology.
6. Alternative explanations. Medical conditions, injuries, fatigue, anxiety, or disabilities that can mimic signs of impairment.
7. The jury charge. Whether the evidence actually supports a drug or combination theory under Burnett.

Video from dash cameras and body cameras is often the most important evidence in these cases, because it shows how you actually spoke, walked, and responded. For a related issue, see our article on being arrested for DWI under 0.08.

Frequently Asked Questions

Can I get a DWI for driving after using legal hemp or THC products?

Possibly. The DWI statute applies to impairment from "any other substance," so the legal status of a product does not control whether you can be charged with DWI. The question is whether it caused you to lose the normal use of your mental or physical faculties while driving. Because THC levels correlate poorly with impairment, these cases often turn on the officer's observations, video, and expert testimony.

Can I be convicted of DWI for taking my prescribed medication?

You can be charged, and a prescription is not a legal defense under Penal Code §49.10. But the State still has to prove that the medication caused you to lose the normal use of your mental or physical faculties. Evidence that you took it as prescribed and were used to it can be relevant to that question.

Does a positive blood test for marijuana mean I was impaired?

Not necessarily. NHTSA has reported that blood THC levels are not a reliable predictor of impairment, and that THC metabolites can be detected for days to weeks after use. A positive result shows presence, which is different from proving impairment at the time of driving.

Is a drug DWI punished differently than an alcohol DWI?

Generally no. A first DWI is a Class B misdemeanor with a minimum of 72 hours of confinement under §49.04(b), whether the alleged intoxicant is alcohol or a drug. The 0.15 Class A enhancement in §49.04(d) is based on alcohol concentration, so it does not apply to a drug-only case. Prior convictions and other factors can raise the level of the offense.

Will a drug DWI arrest suspend my license?

If you refused a breath or blood test, your license can be suspended for 180 days for a first refusal. The test-failure suspension in Chapter 724 is tied to alcohol concentration. A conviction can also bring separate license consequences. Request an ALR hearing within 15 days of receiving notice to protect your rights.

What should I do after a drug DWI arrest in Fort Worth?

Write down everything you remember, including what you took, when, and in what dose. Gather your prescription records. Do not discuss the case on social media. Then talk to a DWI defense lawyer quickly, since the ALR deadline is short and video evidence should be requested early.

Talk to a Fort Worth DWI Defense Lawyer

A drug or THC DWI charge often involves different evidence, and different defenses, than a typical alcohol case. The sooner a lawyer reviews the stop, the video, and the lab work, the more options you may have.

Call HLAW at (817) 993-9249 or contact us online for a free consultation about your Dallas-Fort Worth DWI case.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.

Short answer: In Texas, a third DWI is usually a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The State must allege and prove two prior intoxication-related driving convictions, and Texas has no "look-back" limit, so a DWI from decades ago can still count. A felony DWI does not automatically mean prison. A judge can grant community supervision (probation) when the sentence is 10 years or less, but it comes with mandatory jail time, an ignition interlock, and a longer license suspension.

A first or second DWI in Dallas-Fort Worth is a misdemeanor handled in a county criminal court. A third DWI changes everything. The case moves to a felony district court, the potential sentence jumps from months in county jail to years in prison, and a conviction leaves you with a permanent felony record that can follow you into employment, housing, professional licensing, and firearm rights.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth defense lawyers represent people charged with DWI and felony DWI in Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains how Texas turns a DWI into a felony, what penalties apply, and where the defense opportunities usually are.

Key Takeaways

• Two prior DWI convictions make a new DWI a third-degree felony. Under Texas Penal Code §49.09(b), a DWI is a felony of the third degree if the person has previously been convicted "two times of any other offense relating to the operating of a motor vehicle while intoxicated." One prior intoxication manslaughter conviction is enough on its own.
• The punishment range is 2 to 10 years in prison plus up to a $10,000 fine (Penal Code §12.34).
• Old convictions still count. The subsections that once limited which prior DWIs could be used were repealed in 2005 (§49.09(e) and (f)), so Texas has no 10-year look-back period for felony DWI.
• Deferred adjudication for a DWI now counts as a conviction for enhancement purposes under §49.09(g).
• Probation is possible but strict. A judge granting community supervision for a felony DWI must order at least 10 days in county jail (Code of Criminal Procedure art. 42A.401) and must require an ignition interlock device (art. 42A.408).
• The prior convictions are a key battleground. Texas courts treat the two priors as jurisdictional elements the State must prove, and a defendant may stipulate to them to keep extra prior convictions away from the jury (Tamez v. State).

When Does a DWI Become a Felony in Texas?

A standard first DWI under Penal Code §49.04 is a Class B misdemeanor with a minimum of 72 hours in jail. It becomes a Class A misdemeanor if a breath or blood test shows an alcohol concentration of 0.15 or more. A second DWI is a Class A misdemeanor with a minimum of 30 days in jail (§49.09(a)).

Several paths lead to a felony DWI charge in Texas:

Situation	Offense level	Statute
DWI with two prior intoxication-related driving convictions	Third-degree felony (2 to 10 years)	Penal Code §49.09(b)(2)
DWI with one prior intoxication manslaughter conviction	Third-degree felony (2 to 10 years)	Penal Code §49.09(b)(1)
DWI with a passenger younger than 15	State jail felony	Penal Code §49.045
DWI in an active school crossing zone (effective September 1, 2025)	State jail felony	Penal Code §49.04(e)
DWI causing serious bodily injury (intoxication assault)	Third-degree felony	Penal Code §49.07
DWI causing death (intoxication manslaughter)	Second-degree felony	Penal Code §49.08

This guide focuses on the most common felony DWI charge in DFW courts: the "third DWI" under §49.09(b)(2). If a child was in the car, see our guide on DWI with a child passenger in Texas.

What Counts as a "Prior" DWI Conviction?

The statute casts a wide net. Under §49.09(c), an "offense relating to the operating of a motor vehicle while intoxicated" includes:

• A Texas DWI under §49.04 or DWI with a child passenger under §49.045
• Intoxication assault or intoxication manslaughter involving a motor vehicle
• Older Texas DWI offenses under statutes that existed before 1994
• A DWI conviction from another state, if that state's law prohibits operating a motor vehicle while intoxicated

Three rules make prior convictions easier for the State to use than many people expect.

No look-back limit. Before 2005, Texas law restricted the use of some older priors. Those subsections, §49.09(e) and (f), were repealed effective September 1, 2005. Today a conviction from 20 or 30 years ago can be one of the two priors.

Probated sentences count. Under §49.09(d), a DWI conviction on or after September 1, 1994 "is a final conviction, whether the sentence for the conviction is imposed or probated."

Deferred adjudication counts. Section 49.09(g) states that a person "is considered to have been convicted" of DWI if the person was placed on deferred adjudication for it. Texas began allowing deferred adjudication for many first-time DWI cases in 2019, and the tradeoff is that it can still be used later to raise a future charge. Our article on DWI deferred adjudication in Texas covers how that option works.

There is one limit that helps defendants. Section 49.09(g) says a conviction can be used to enhance under §49.09 "or enhancement under Subchapter D, Chapter 12, but not under both." In other words, the same prior DWI generally cannot be used both to make the case a felony and to push the punishment range even higher.

What Is the Punishment for a Third DWI in Texas?

A third-degree felony carries "any term of not more than 10 years or less than 2 years" in prison, plus a possible fine up to $10,000 (Penal Code §12.34).

The range can climb further if the State also proves unrelated prior felony convictions. Under Penal Code §12.42(a), a third-degree felony is punished as a second-degree felony if the defendant has a prior felony conviction (other than certain state jail felonies). Under §12.42(d), two properly sequenced prior felony convictions can raise the range to 25 to 99 years or life. These "habitual" enhancements are technical, and the sequence and finality of each prior conviction matter. We discuss one aspect in our post on pleading "true" to a felony enhancement.

Other consequences that commonly follow a felony DWI conviction include:

• Driver's license suspension of 180 days to 2 years for a person punished under §49.09(a) or (b), or 1 to 2 years if the new offense came within five years of the last one (Transp. Code §521.344)
• A state traffic fine under Transp. Code §709.001 of $3,000 for a first conviction within 36 months, $4,500 for a second or subsequent conviction within 36 months, or $6,000 if the test showed 0.15 or more, which the court must waive on a finding of indigency
• Ignition interlock requirements at bond, during probation, and potentially as a condition of an occupational license
• A permanent felony record, which carries collateral consequences such as restrictions on firearm possession

For a broader view of the financial impact, see our breakdown of what a DWI really costs in Texas.

Can You Get Probation for a Felony DWI?

Yes, in many cases. Under Code of Criminal Procedure art. 42A.053, a judge may place a defendant on community supervision after conviction, but a defendant is not eligible for judge-ordered supervision if sentenced to a term of imprisonment that exceeds 10 years. For a felony, the minimum period of supervision equals the minimum prison term for the offense, which is two years for a third-degree felony, and the maximum is generally 10 years.

Felony DWI probation carries mandatory conditions:

1. Jail time as a condition of probation. A judge granting community supervision to a defendant punished under §49.09(b) must require "not less than 10 days of confinement in county jail" (art. 42A.401(a)(3)).
2. Ignition interlock. The court "shall require" an interlock on the vehicle the defendant owns or drives most when the defendant is punished under §49.09(a) or (b) (art. 42A.408(c)).
3. Standard supervision conditions, which often include alcohol evaluation and treatment, community service, reporting, and fees.

Deferred adjudication is not available for a DWI charge "for which punishment may be increased under Section 49.09" (art. 42A.102(b)(1)(C)). That means a felony DWI resolved by probation is usually a conviction, not a deferral.

Tarrant County's Felony Alcohol Intervention Program

Tarrant County has a specialty court for repeat DWI offenders. The Felony Alcohol Intervention Program (FAIP) is a post-adjudication program for eligible high-risk repeat offenders charged with felony DWI, with screening by the program team and the District Attorney's office. It is intensive and is not available in every case, but for the right client it can be an alternative to a prison sentence.

What Happens After a Felony DWI Arrest in DFW?

The early stages of a felony DWI move on two separate tracks: the criminal case and the driver's license case.

Bond and ignition interlock. For a defendant charged with a subsequent DWI, a magistrate "shall require" as a bond condition that an ignition interlock be installed on the defendant's vehicle within 30 days of release, unless the magistrate finds that it "would not be in the best interest of justice" (Code of Criminal Procedure art. 17.441). Violating bond conditions can result in arrest and a higher bond.

The ALR license suspension. Separately from the criminal case, DPS can seek an administrative license suspension after a breath or blood test failure or a refusal. You generally have only 15 days from the notice to request a hearing. Our guide on the 15-day ALR hearing deadline explains the process, and our article on Texas DWI license suspensions and occupational licenses covers how to keep driving legally.

Indictment and district court. A felony DWI must be presented to a grand jury. In Tarrant County, felony cases are heard in the Criminal District Courts. Once an indictment alleging the two prior convictions is presented, the district court has jurisdiction over the case.

How Do Lawyers Defend a Third DWI Charge?

A third DWI is two cases in one. The State must prove the new DWI happened, and it must prove the two prior convictions. Both parts deserve close attention.

Challenging the new arrest

Every defense available in a first DWI is still available in a third. That includes whether the officer had reasonable suspicion for the stop, whether there was probable cause to arrest, how field sobriety tests were administered, and whether a breath or blood test was properly obtained, handled, and analyzed. A prior record does not lower the State's burden to prove intoxication beyond a reasonable doubt.

Scrutinizing the prior convictions

Because the priors are elements of the offense, they must be proven. The Texas Court of Criminal Appeals has held that "the prior convictions are elements of felony DWI" and that the two priors are jurisdictional (Tamez v. State; Robles v. State). Issues worth investigating include:

• Whether each prior was actually a final conviction and properly documented
• Whether the State can link the defendant to each prior judgment through fingerprints, photographs, or other identifying evidence
• Whether an out-of-state conviction was under a law that truly prohibits operating a motor vehicle while intoxicated
• Whether a prior is really a different offense, such as obstruction or reckless driving, that does not qualify

Using a stipulation strategically

A defendant may offer to stipulate to the two jurisdictional prior convictions. In Tamez, the Court of Criminal Appeals held that when a defendant stipulates, the State may read the indictment mentioning only the two jurisdictional priors, but "prior convictions beyond the two jurisdictional elements should not be read or proven" in the State's case-in-chief. As a later opinion summarized, this is "an offer the State cannot refuse" (Martin v. State). A stipulation can keep a jury from hearing about a long record, but it also concedes an element, so it is a decision to make carefully with counsel.

Negotiating the outcome

Depending on the evidence and the client's history, possible outcomes may include a reduction to a misdemeanor, a probated sentence, placement in a specialty program, or a trial. There is no single formula, and results depend on the facts of each case.

Frequently Asked Questions

Is a third DWI always a felony in Texas?

Generally, yes, if the State can prove two prior intoxication-related driving convictions. A new DWI is a third-degree felony under Penal Code §49.09(b) when the person has two qualifying priors, or one prior intoxication manslaughter conviction. If the State cannot prove both priors, the case may proceed as a misdemeanor instead.

Does Texas have a 10-year look-back for DWI priors?

Not for the felony enhancement. The look-back provisions in §49.09(e) and (f) were repealed in 2005. A 10-year window does still appear in some other parts of the law, such as one exception to the ignition interlock rules in art. 42A.408, but it does not keep an old DWI from being used to make a new one a felony.

Will I go to prison for a third DWI?

Not necessarily. The punishment range is 2 to 10 years, and a judge may grant community supervision when the sentence is 10 years or less. Probation for felony DWI requires at least 10 days in county jail and an ignition interlock. Specialty programs like Tarrant County's FAIP may also be an option for eligible defendants.

Does a DWI from another state count toward a Texas felony DWI?

It can. Section 49.09(c)(1)(F) includes "an offense under the laws of another state that prohibit the operation of a motor vehicle while intoxicated." The details of the out-of-state statute and the conviction records matter, so they should be reviewed closely.

If I got deferred adjudication on an earlier DWI, does it count?

Under §49.09(g), a person placed on deferred adjudication for DWI under art. 42A.102 "is considered to have been convicted" for enhancement purposes. The date and terms of the earlier case should be reviewed with a lawyer.

Can I drive while my felony DWI case is pending?

Often, but with conditions. Bond conditions usually require an ignition interlock for a subsequent DWI charge, and an ALR suspension may also apply. An occupational license may be available in some situations, typically with an interlock requirement.

How long does a felony DWI stay on my record?

Texas's DWI-specific nondisclosure law, Government Code §411.0736, is limited to people convicted under §49.04 who have never previously been convicted of or placed on deferred adjudication for another offense other than a fine-only traffic offense. A person with two prior DWIs does not meet that test, so a felony DWI conviction generally stays on the record. Our article on DWI record sealing in Texas explains who does qualify.

Talk to a Fort Worth Felony DWI Lawyer

A third DWI charge is serious, but it is not a conviction. The State still has to prove the new offense and both prior convictions, and the decisions made in the first weeks, including the ALR hearing request and bond conditions, can shape the rest of the case.

If you or a family member has been charged with felony DWI anywhere in Dallas-Fort Worth, call HLAW at (817) 993-9249 or contact us online for a free consultation. We will review the arrest, the prior convictions, and your options.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.

Short answer: If you hold a Texas commercial driver's license (CDL), a first DWI conviction disqualifies you from driving a commercial vehicle for one year, even if you were arrested in your personal pickup on a Saturday night. Refusing a breath or blood test, or testing at 0.08 or higher in your own car, can trigger the same one-year disqualification. A second offense means a lifetime disqualification. CDL holders also can't get deferred adjudication for DWI, can't get an occupational license to drive a commercial vehicle, and can't have the disqualification probated.

For truck drivers, bus drivers, delivery drivers, and equipment operators across Dallas-Fort Worth, a DWI arrest isn't just a criminal case. It's a threat to your livelihood. Whether the stop happened on I-35W near AllianceTexas, on I-20 in Grand Prairie, or on a farm-to-market road in Parker County, the CDL rules apply the same way.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth DWI attorneys defend commercial drivers in Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains what's at stake, the deadlines that matter, and the defense options that protect your CDL.

Key Takeaways

• One year off the road for a first DWI conviction, in any vehicle. Texas disqualifies a CDL holder for one year on a first conviction of driving under the influence, and the rule applies while "operating any type of motor vehicle, including a commercial motor vehicle" (Tex. Transp. Code §522.081(b)).
• Refusal or a 0.08+ test in your own car counts too. A refusal, or a test showing 0.08 or more while driving a non-commercial vehicle, is a separate one-year trigger (§522.081(b)(3)–(4)).
• 0.04 is the limit in a commercial vehicle. A test of 0.04 or more while operating a CMV means disqualification, and any detectable alcohol puts you out of service for 24 hours (§§522.081, 522.101).
• Hazmat means three years; a second offense means life. (§522.081(c)–(d); 49 CFR 383.51).
• No deferred adjudication for CDL holders charged with DWI (Tex. Code Crim. Proc. art. 42A.102(b)(1)(B)).
• No occupational license for a CMV, and no probated disqualification (§§522.085–.086).
• You have 15 days to request an ALR hearing after receiving notice of suspension (Tex. Transp. Code §524.031).

Does a DWI in My Personal Car Affect My CDL in Texas?

Yes. This is the most common misunderstanding we hear from commercial drivers. Section 522.081(b) of the Transportation Code says the one-year disqualification applies to a violation "committed while operating any type of motor vehicle, including a commercial motor vehicle" (Tex. Transp. Code §522.081). Federal rules match: the disqualification table in 49 CFR 383.51 lists a one-year disqualification for a first DWI conviction whether you were driving a CMV or a non-CMV.

So a DWI in your own car can take you out of your truck for a year, even though your regular Class C driving privileges might be eligible for an occupational license.

What Are the CDL Disqualification Periods for DWI in Texas?

Situation	CDL disqualification	Source
First DWI conviction (any vehicle)	1 year	§522.081(b)(2)
Refusing a breath or blood test (any vehicle)	1 year	§522.081(b)(3)
Test of 0.08+ in a personal vehicle	1 year	§522.081(b)(4)(B)
Test of 0.04+ (or drugs present) in a CMV	1 year	§522.081(b)(4)(A)
Any of the above while hauling placarded hazmat	3 years	§522.081(c)
Two or more qualifying offenses or refusals from separate incidents	Life	§522.081(d)
Any detectable alcohol while driving a CMV, or refusing a CMV test	24-hour out-of-service order	§522.101

The lifetime rule is stricter than many drivers realize. Under §522.081(d)(3), any combination of two of the following from separate incidents triggers it: a DWI conviction, a test refusal, or a qualifying test result. For example, a refusal five years ago plus a DWI conviction today can mean lifetime disqualification. Federal rules allow a state to reinstate a driver disqualified for life after 10 years if the driver completes an approved rehabilitation program, but a second disqualifying conviction after reinstatement is permanent (49 CFR 383.51(a)(6)).

Why Can't a CDL Holder Get Deferred Adjudication for DWI?

Since 2019, Texas judges have been able to grant deferred adjudication in many first-time DWI cases. Our DWI deferred adjudication guide explains how it works. But the statute carves out an exception: deferred adjudication isn't available for a DWI charge if, at the time of the offense, "the defendant held a commercial driver's license or a commercial learner's permit" (Tex. Code Crim. Proc. art. 42A.102(b)(1)(B)(i)). The same bar applies if the alcohol concentration was 0.15 or more.

This tracks a federal rule. States "must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program" that would keep a CDL holder's traffic-law conviction, in any type of vehicle, off the national CDL driver record (49 CFR 384.226). In practice, the options that help non-commercial drivers often aren't available to you, which makes the strength of the defense even more important.

Can I Get an Occupational License to Keep Driving My Truck?

No. Texas law says a person disqualified from operating a commercial motor vehicle "may not be granted an essential need or occupational driver's license that would authorize operation of a commercial motor vehicle" (§522.086). The disqualification also "may not be probated" (§522.085).

You may still qualify for an occupational license for your personal (non-commercial) driving during a regular license suspension. Our article on Texas DWI license suspensions and occupational licenses covers that process.

How Does the ALR Hearing Work for Commercial Drivers?

After a DWI arrest with a refusal or a failed test, DPS will seek to suspend your license through the Administrative License Revocation (ALR) process. For adults, the regular suspension is 90 days with no alcohol- or drug-related enforcement contact in the prior 10 years, or one year with such a contact (§524.022). You must request a hearing within 15 days of receiving notice (§524.031). See our step-by-step guide to the ALR hearing and its 15-day deadline.

For CDL holders, the ALR stakes are higher. A test result of 0.08 or more in your personal vehicle, or a refusal, is itself a basis for CDL disqualification under §522.081(b)(3)–(4), separate from any criminal conviction. When a driver stopped in a commercial vehicle refuses or tests 0.04 or more, the officer files a sworn report, and DPS disqualifies the driver beginning on the 45th day after receiving it "unless a hearing is granted" (§§522.104–.105).

The ALR hearing is also a valuable chance to question the arresting officer under oath early in the case. That testimony can expose problems with the stop, the field sobriety tests, or the breath or blood testing.

What Do I Have to Tell My Employer?

Federal regulations require commercial drivers to report certain events to their employers:

1. Convictions. A CDL holder convicted of a traffic violation (other than parking), in any type of vehicle, must notify the employer "within 30 days of conviction" (49 CFR 383.31).
2. Suspensions and disqualifications. If your license is suspended, revoked, canceled, or you're disqualified, you must tell your employer "before the end of the business day following the day the person received notice of the action" (49 CFR 383.33).

Many companies also have their own policies that require reporting an arrest sooner. Talk with a lawyer before you make any written statement to your employer about the facts of the arrest.

Will a DWI show up in the FMCSA Clearinghouse?

It depends on what you were driving. According to FMCSA, a DUI in a personal car "is not considered 'actual knowledge'" and "must not be reported to the Clearinghouse" (FMCSA Clearinghouse Q&A). But if you receive a citation for DUI while operating a CMV, your employer must report it as an actual-knowledge violation. That report remains for five years or until you finish the return-to-duty process, whichever is later, even if you're never convicted. You can, however, submit proof of a dismissal or acquittal (FMCSA Clearinghouse FAQ). Under FMCSA's enforcement policy, a plea to a lesser charge such as reckless driving doesn't count as a "non-conviction" (FMCSA).

What Defense Strategies Protect a CDL?

Because deferred adjudication and occupational CMV licenses are off the table, the best outcomes for commercial drivers usually come from attacking the case itself:

• The stop. Was there reasonable suspicion for the traffic stop? Weaving within a lane, a single lane touch, or a "late-night" hunch may not be enough.
• Field sobriety tests. Were the standardized tests administered and scored correctly? Truck drivers often have long-shift fatigue, back injuries, or footwear issues that affect balance tests.
• Breath and blood testing. Was the breath instrument properly maintained? Was the blood draw taken under a valid warrant, and was the chain of custody intact? See our no-refusal DWI article.
• Impairment under 0.08. Texas can charge DWI based on loss of normal use even below 0.08. Our article on DWI arrests under 0.08 explains how those cases are defended.
• Dismissal or acquittal. A dismissal or a not-guilty verdict avoids the conviction-based disqualification under §522.081(b)(2). (A refusal or test-based disqualification is a separate issue, so the ALR fight still matters.)
• Charge reductions, with caution. A plea to a non-alcohol offense avoids a DWI conviction, but some offenses still have CDL consequences. Reckless driving, for example, is a "serious traffic violation," and two within three years mean a 60-day disqualification (§§522.003(25), 522.081(a)).

What Should a CDL Driver Do After a DWI Arrest in DFW?

1. Calendar the 15-day ALR deadline today.
2. Don't drive a commercial vehicle while subject to any out-of-service order or disqualification. Doing so is a separate offense under §522.071.
3. Write down everything you remember about the stop, the tests, and what the officer said, and share it only with your lawyer.
4. Gather your records: your medical card, logbook or ELD data, and any dash-cam or in-cab camera footage.
5. Know your employer reporting deadlines under 49 CFR 383.31 and 383.33.
6. Hire a DWI lawyer who knows the CDL rules. A plea that might be fine for a regular driver can end a commercial driving career. See our overview of DWI costs in Texas for the broader financial picture.

Frequently Asked Questions

Will I lose my CDL for a first DWI in my personal car in Texas?

If you're convicted, yes. A first DWI conviction disqualifies a CDL holder from driving a commercial vehicle for one year, regardless of the vehicle you were driving (§522.081(b)). A refusal or a 0.08+ result can also trigger the one-year disqualification.

What is the legal limit for a commercial driver in Texas?

0.04 while operating a commercial motor vehicle (§522.081(b)(4)(A)). Any detectable amount of alcohol while driving a CMV results in a 24-hour out-of-service order (§522.101). In your personal vehicle, the per se limit is 0.08.

Can a CDL holder get deferred adjudication or pretrial diversion for DWI?

Texas law bars deferred adjudication for a DWI if the defendant held a CDL or commercial learner's permit at the time of the offense (art. 42A.102), and federal rules prohibit states from using deferral or diversion to keep a CDL holder's traffic-law conviction off the record (49 CFR 384.226).

Can I get an occupational license to drive my truck during the disqualification?

No. An occupational license can't authorize commercial driving for a disqualified driver, and the disqualification can't be probated (§§522.085–.086).

Is a second DWI really a lifetime CDL ban?

Two qualifying offenses from separate incidents, including combinations of convictions, refusals, and failed tests, result in lifetime disqualification (§522.081(d)). Federal rules allow a state to reinstate after 10 years with an approved rehabilitation program (49 CFR 383.51).

Does my employer find out about a DWI arrest?

Federal rules require you to report a conviction within 30 days and a suspension or disqualification by the end of the next business day (49 CFR 383.31; 49 CFR 383.33). A DUI citation in a CMV is reported to the Clearinghouse by your employer.

Talk to a Fort Worth DWI Lawyer Who Understands CDL Stakes

For a commercial driver, the wrong plea can cost a career. HLAW defends CDL holders charged with DWI throughout Dallas-Fort Worth, from the ALR hearing through trial. Call (817) 993-9249 or contact us online for a free consultation. The 15-day ALR clock starts the day you receive notice.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its specific facts, and the laws discussed here may change.

Short answer: In Texas, driving while intoxicated with a passenger younger than 15 is a state jail felony under Penal Code §49.045, even on a first offense and even if no one is hurt. A conviction carries 180 days to 2 years in a state jail and a fine of up to $10,000. The judge cannot grant deferred adjudication, and a magistrate must generally order an ignition interlock as a bond condition. The arrest can also trigger a separate Child Protective Services (CPS) investigation and affect custody. These cases are defensible, but the stakes are much higher than a typical DWI, so it's important to get a lawyer involved immediately.

Most first-time DWI arrests in Texas are misdemeanors. That changes the moment a child under 15 is in the car. A parent driving home from a restaurant in Fort Worth, a grandparent picking up kids after a family gathering in Arlington, or a coach giving a ride to a team member in Frisco can all face a felony charge.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we defend DWI with child passenger cases throughout Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains the law, the penalties, how it differs from a standard DWI, what happens with CPS, and how these cases are defended.

Key Takeaways

• It's a felony from the start. DWI with a child passenger under 15 is a state jail felony under Penal Code §49.045, with no prior conviction required.
• Penalty range. A conviction carries 180 days to 2 years in a state jail and a fine of up to $10,000 under Penal Code §12.35.
• No deferred adjudication. Code of Criminal Procedure art. 42A.102 bars deferred adjudication for this offense.
• Interlock on bond. Under art. 17.441, a magistrate must require an ignition interlock as a bond condition, installed within 30 days, unless it isn't in the best interest of justice.
• Each child can be a separate count. Prosecutors may file one count for each child passenger.
• CPS may get involved. Law enforcement may refer the case to the Texas Department of Family and Protective Services (DFPS), which runs its own civil investigation.
• The license case runs separately. You still face the ALR license suspension process and its 15-day deadline.

What Does Texas Law Say About DWI With a Child Passenger?

Under Texas Penal Code §49.045, a person commits the offense if:

1. The person is intoxicated while operating a motor vehicle in a public place; and
2. The vehicle is occupied by a passenger younger than 15 years of age.

"Intoxicated" has the same meaning as in any Texas DWI case. Under §49.01, it means either not having the normal use of your mental or physical faculties because of alcohol, drugs, or another substance, or having an alcohol concentration of 0.08 or more. So the State can prove a child passenger case with a breath or blood result at or above 0.08, or without one, by relying on driving behavior, field sobriety tests, and the officer's observations. That includes cases involving prescription medication or THC.

The State doesn't have to prove you knew the child's age, that the child was harmed, or that the child was unrestrained. The child's presence in the vehicle is enough.

How Is It Different From a Regular DWI?

Issue	First-offense DWI (§49.04)	DWI with child passenger (§49.045)
Offense level	Class B misdemeanor; Class A if BAC is 0.15 or more	State jail felony
Jail or prison range	72 hours to 180 days in county jail (Class B)	180 days to 2 years in state jail
Maximum fine	$2,000 (Class B)	$10,000
Deferred adjudication	May be available (not if BAC is 0.15+ or CDL holder)	Not available
Ignition interlock on bond	Discretionary for a first offense	Generally mandatory
Felony record	No	Yes, with consequences for firearms, employment, and professional licenses

Since September 1, 2019, Texas judges have been allowed to grant deferred adjudication for many first-time DWIs. Article 42A.102 specifically excludes §49.045, however, along with DWI cases where the driver had a commercial license or a BAC of 0.15 or more.

Can it be enhanced further?

Yes. Under Penal Code §49.09(b), a DWI with child passenger becomes a third-degree felony if the person has two prior intoxication-related driving convictions, or one prior conviction for intoxication manslaughter. A third-degree felony carries 2 to 10 years in prison.

If a child is injured, the charges can become far more serious, such as intoxication assault (§49.07) or, tragically, intoxication manslaughter (§49.08), along with other possible offenses.

What Happens After the Arrest?

Bond and conditions

Because this is a felony, bond amounts are often higher than for a misdemeanor DWI, and the conditions are more restrictive. Under CCP art. 17.441, a magistrate must require that you install an ignition interlock device on the vehicle you own or drive most often, and that you not drive any vehicle without one. You must have it installed at your own expense within 30 days of release. The magistrate can waive this only by finding that the device "would not be in the best interest of justice." Learn more about how ignition interlock devices work.

Other common bond conditions in DFW include no alcohol, alcohol monitoring, and sometimes conditions related to contact with or transportation of children.

Grand jury and felony court

Felony charges must be presented to a grand jury. In Tarrant County, felony DWI cases are handled in the criminal district courts rather than the county criminal courts. The time between arrest and indictment gives your lawyer a chance to investigate, obtain the video, and sometimes present information to prosecutors before charging decisions are final.

The driver's license case

The child passenger charge doesn't change the administrative license process. If you refused or failed a breath or blood test, DPS will seek to suspend your license through the Administrative License Revocation (ALR) program. You generally have 15 days to request a hearing. See our guide: The 15-Day Clock: How to Request and Fight an ALR Hearing.

Will CPS Get Involved?

Often, yes, especially when the driver is the child's parent or caregiver.

Texas law requires that reports to law enforcement alleging abuse or neglect by a person responsible for a child's care be referred immediately to DFPS. Under Family Code §261.001, "neglect" includes an act or failure to act showing blatant disregard for the consequences that results in harm to the child or "creates an immediate danger to the child's physical health or safety." DFPS explains that its investigation is a civil matter focused on the child's welfare and is separate from the criminal case.

What that can mean for a DFW family:

• A CPS investigator may contact you, visit your home, or interview your children, often within days.
• You may be asked to sign a safety plan, which may include not driving the children or supervised contact.
• A CPS finding can be used in a divorce or custody case, and the other parent may seek temporary orders limiting your possession or requiring you not to drink during visits.

Be careful what you say to a CPS investigator. Statements made in the CPS case can be shared with law enforcement and used in the criminal case. Talk to your criminal defense lawyer before any CPS interview, and coordinate with your family law counsel if custody is at issue.

How Are DWI With Child Passenger Cases Defended?

Every case is different, but the defenses usually focus on the same core questions as any DWI, plus the child passenger element.

Challenging the stop and arrest

• Was the stop lawful? The officer needs reasonable suspicion of a traffic violation or crime. Weaving within a lane, for example, isn't always enough. If the stop was unlawful, the evidence may be suppressed.
• Was there probable cause to arrest? Officers often rely on field sobriety tests, which can be affected by fatigue, nerves, medical conditions, footwear, weather, and road surface. They're also hard to perform with a frightened child watching.

Challenging intoxication evidence

• Breath tests: maintenance records, the 15-minute observation period, and operator certification.
• Blood tests: the warrant, the chain of custody, lab procedures, retrograde extrapolation, and whether a "no-refusal" warrant was properly obtained. See no-refusal DWI in Texas.
• Drug and medication cases: the State must prove loss of normal use of faculties. A positive test for a substance alone doesn't prove intoxication.

Challenging the child passenger element

• Was the passenger actually younger than 15? The State must prove the child's age.
• Was the person charged actually operating the vehicle?
• Did the stop happen in a public place?

Negotiating the charge

Depending on the evidence and your history, the defense may negotiate a reduction from §49.045 to a misdemeanor DWI, which can open the door to deferred adjudication or other alternatives. Some defendants may be eligible for specialty or treatment-focused programs. For example, see Tarrant County's misdemeanor DWI court program, though eligibility depends on the final charge. Early action often matters, such as voluntary alcohol evaluations, counseling, and a clean interlock record.

What Are the Long-Term Consequences?

A state jail felony conviction can affect your life well beyond the sentence:

• Firearms: Federal law generally prohibits people with felony convictions from possessing firearms. See DWI and firearms in Texas.
• Employment and licenses: Nurses, teachers, CDL holders, and many licensed professionals face reporting obligations and discipline.
• Record sealing: Texas DWI nondisclosure options are largely limited to misdemeanor DWIs, so a felony conviction generally can't be sealed that way.
• Custody: A conviction can be powerful evidence in a custody dispute.
• Costs: The fines, fees, interlock costs, and insurance increases add up quickly. See the real costs of a DWI in Texas.

What to Do Right Now

1. Don't discuss the facts with police, CPS, or anyone else before talking to a lawyer.
2. Request your ALR hearing within 15 days, or have your attorney do it.
3. Comply with every bond condition, especially the interlock deadline.
4. Write down everything you remember: where you were, what you ate and drank and when, any medical conditions, and where the stop happened.
5. Identify witnesses and receipts, such as restaurant or bar tabs, that show the timeline.
6. Talk to a DWI defense lawyer before your first court date and before any CPS interview.

Frequently Asked Questions

Is DWI with a child passenger a felony on the first offense in Texas?

Yes. Under Penal Code §49.045, it's a state jail felony even if you have no prior record, the child wasn't hurt, and your BAC was just above 0.08.

How old does the child have to be?

The passenger must be younger than 15. A 15- or 16-year-old passenger doesn't make the offense §49.045, though the case would still be prosecuted as a regular DWI.

Can I get deferred adjudication for DWI with a child passenger?

No. Code of Criminal Procedure art. 42A.102 specifically bars deferred adjudication for §49.045. Regular (straight) probation may be possible, and sometimes the charge can be negotiated down to a misdemeanor DWI, where deferred adjudication may be available.

Will I have to install an ignition interlock?

Usually, yes. Under CCP art. 17.441, a magistrate must require an interlock as a bond condition for a §49.045 charge, unless the magistrate finds it wouldn't be in the best interest of justice. It must be installed within 30 days of release.

Can I be charged with more than one count if there were several kids in the car?

Prosecutors may file a separate count for each child under 15 in the vehicle. How those counts are resolved depends on the facts and negotiations.

Will CPS take my children?

Removal is not automatic. In many DWI cases, CPS uses safety plans rather than removal. But CPS involvement is common, and your statements matter. Get legal advice before speaking with an investigator.

Does the child passenger charge affect my license suspension?

The ALR license process works the same as in any DWI. You have 15 days to request a hearing after a breath test refusal or failure. A conviction can carry its own license consequences, too.

Talk to a Fort Worth DWI Defense Lawyer

A DWI with a child passenger charge puts your record, your license, and your family at risk all at once. HLAW's Fort Worth DWI attorneys defend these cases across the Dallas-Fort Worth area, coordinating the criminal case, the ALR hearing, and any CPS or custody issues. Call (817) 993-9249 or contact us online for a free, confidential consultation.

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This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Penalties and procedures depend on the facts, your criminal history, and the court. Consult a licensed Texas attorney about your situation.

Short answer: After a DWI arrest in Texas, you generally have just 15 days from the date you are served with a notice of suspension to request an Administrative License Revocation (ALR) hearing. If you miss that deadline, the Texas Department of Public Safety (DPS) will automatically suspend your driver's license on the 40th day: 90 days for a failed breath or blood test, or 180 days for a refusal, and longer if you have a prior alcohol- or drug-related contact in the last 10 years. A timely request keeps your license valid until a judge decides the case, and it gives your lawyer an early chance to question the arresting officer under oath.

Most people arrested for DWI in Fort Worth, Arlington, Dallas, or anywhere in North Texas think about the criminal case first: the jail release, the bond conditions, the first court date. But there is a second case running at the same time, and it moves much faster. It is a civil case against your driver's license, and the clock on it starts the moment the officer hands you the paperwork.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), requesting the ALR hearing is one of the first things we do for a new DWI client. This guide explains how the 15-day deadline works, what happens at the hearing, and why it matters for both your license and your criminal defense.

Key Takeaways

• Two separate cases. A DWI arrest triggers a criminal case in court and a separate administrative case against your license, handled by DPS and the State Office of Administrative Hearings (SOAH).
• 15 days. The hearing request must reach DPS within 15 days of being served notice. In some blood-test cases where DPS mails the notice later, DPS gives 20 days from the mailing date.
• Automatic suspension if you do nothing. Without a hearing request, the suspension takes effect on the 40th day after notice.
• Suspension lengths. For adults: 90 days for a failed test, 180 days for a refusal, and 1 or 2 years if you have a prior alcohol- or drug-related contact within 10 years.
• The request protects you. A timely request stays the suspension until the judge's final decision.
• The hearing is a discovery tool. Your lawyer can subpoena the arresting officer and cross-examine them under oath, often months before the criminal trial.
• Losing isn't the end. You may still qualify for an occupational driver's license, and you can appeal within 30 days.

What Is an ALR Suspension in Texas?

The Administrative License Revocation program is a civil process. Under it, DPS can suspend your license after a DWI or BWI arrest if you refuse a breath or blood test, or if you test at 0.08 or higher (0.04 or higher in a commercial vehicle). DPS says plainly that the ALR action is separate from the criminal court case.

So the ALR suspension can happen even if your criminal case is still pending, gets reduced, or is dismissed. Under Texas Transportation Code §524.015, the outcome of the criminal charge generally does not affect the ALR suspension. The main exception is an acquittal: if a jury or judge finds you not guilty of DWI arising from the same arrest, DPS must rescind the suspension and remove it from your driving record.

Breath or blood "failure" vs. refusal

The officer's paperwork will put you in one of two categories:

Situation	Governing law	First-offense adult suspension	With a prior contact in the past 10 years
Test result of 0.08 or higher	Tex. Transp. Code §524.022	90 days	1 year
Refused breath or blood test	Tex. Transp. Code §724.035	180 days	2 years
Driver under 21 with any detectable alcohol	§524.022(b)	60 days	120 days to 180 days, depending on prior convictions

Refusing a test does not end the matter. Under the implied consent warnings in §724.015, the officer can apply for a warrant to take your blood, and the refusal itself may be used as evidence. We cover that in more detail in our article on the penalties for refusing a breath test and in our guide to no-refusal weekends in Texas.

How Does the 15-Day Deadline Work?

Transportation Code §524.031 requires that DPS receive your hearing request at its Austin headquarters no later than the 15th day after you receive the notice of suspension. In a breath-test or refusal case, the officer usually serves that notice at the time of arrest, often on a form called the DIC-25, and may take your physical license.

Three practical points trip people up:

1. The deadline is about when DPS receives the request, not when you send it. Waiting until day 14 to mail a letter is a risk you don't need to take.
2. Blood-test cases can run on a different clock. When the officer draws blood, the results often aren't back at the time of arrest. DPS mails a notice of suspension later, and DPS's ALR page gives 20 days from the mailing date in those cases. Under §524.013, mailed notice is considered received on the fifth day after mailing, so watch your mail closely.
3. Late requests are denied. DPS states that requests made after the deadline will be denied, and the suspension then takes effect on the 40th day (DPS ALR hearing request page).

How do you request the hearing?

DPS accepts ALR hearing requests online, by mail, email, phone, or fax. Its online form is the fastest route. A request should include your name, date of birth, license number and state, contact information, the date and county of arrest, the arresting agency and officer, and whether the test was failed or refused. If you have a lawyer, the lawyer's information goes on the request too, so DPS sends hearing notices to your attorney.

There is no strategic reason to wait. In our practice, the request is usually submitted within a day or two of being hired.

What Happens After You Request the Hearing?

Your license stays valid in the meantime

Under §524.032(d), a request for a hearing stays the suspension until the administrative law judge issues a final decision. In other words, a timely request keeps you driving while the case is pending, unless something else (like a bond condition) restricts you.

DPS notes that it may take 30 to 60 days for a hearing to be scheduled. You'll receive a letter with the date, time, and location. The statute also allows one continuance at the driver's request if it's received at least five days before the hearing.

Where are DFW ALR hearings held?

ALR hearings are heard by an administrative law judge from the State Office of Administrative Hearings (SOAH), not by the criminal court judge. Under §524.034, if the arrest happened in a county with 300,000 or more people, the hearing is held at a location SOAH designates in the county of arrest. That covers the core Metroplex counties: Tarrant, Dallas, Denton, and Collin. SOAH's rules also allow it to hold ALR hearings by videoconference with proper notice, and many are now held on Zoom.

What Does DPS Have to Prove at an ALR Hearing?

The issues are narrow. Under §524.035, DPS must prove by a preponderance of the evidence (more likely than not):

1. That reasonable suspicion existed to stop you, or probable cause existed to arrest you; and
2. In a test-failure case, that you had an alcohol concentration of 0.08 or more while operating a motor vehicle in a public place. In a refusal case, the issues include whether you were properly asked for a specimen and refused.

If the judge doesn't find in DPS's favor on every required issue, DPS must reinstate your license. The judge also can't sustain a test-failure suspension if the breath or blood analysis showed an adult below the legal limit. If you tested under 0.08 but were still arrested, see our article on DWI arrests below 0.08 in Texas.

The judge does not decide guilt or innocence, and there is no jury. The hearing is about the stop, the arrest, and the test.

Why the ALR Hearing Matters for Your Criminal DWI Case

Many people assume the ALR hearing isn't worth fighting because suspensions are often upheld. That overlooks the hearing's biggest value: it is often the only chance before trial to question the arresting officer under oath.

DPS can usually rely on the officer's sworn written report, which is admissible as a public record. But SOAH Rule §159.211 gives the driver the right to subpoena the officer. If an officer who was timely subpoenaed fails to appear without good cause, information from that officer is not admissible. SOAH warns self-represented drivers that DPS does not have to bring the officer unless you subpoena them.

When the officer testifies, that sworn testimony is recorded. Our attorneys can use it to:

• Pin down the stated reason for the traffic stop, such as weaving, failing to signal, or speeding.
• Lock in the officer's account of the field sobriety tests, including how they were explained, where they were done, and what the lighting and road surface were like.
• Compare the testimony with dash-cam and body-cam video, and with the written report.
• Find inconsistencies that support a motion to suppress or a cross-examination at the criminal trial.

The subpoena process has strict timing. Under SOAH Rule §159.101, certain subpoena requests, including for breath test operators or technical supervisors, must be filed at least 10 days before the hearing and must show good cause. These deadlines are one reason it helps to have a DWI lawyer from the start.

What If You Lose the ALR Hearing?

Losing the hearing doesn't mean you can't drive.

Occupational driver's license

Under Transportation Code §521.242, a person whose license is suspended under the ALR statutes is generally eligible to petition for an occupational driver's license. The petition is filed in a justice, county, or district court where you live or where the arrest occurred. The court sets hours, purposes, and routes, typically up to four hours of driving in any 24 hours, or up to 12 hours on a showing of necessity. If the court requires an ignition interlock device, §521.248(d) removes those time, reason, and route restrictions. An occupational license never authorizes driving a commercial vehicle. Our occupational driver's license guide walks through the process.

Appeal

Under §524.041, you may appeal a sustained suspension by filing a petition in the county court at law in the county of arrest within 30 days after the judge's decision becomes final. DPS's appeal guidance explains the filing requirements. Appeals are reviewed on the record from the hearing, which is another reason to build that record carefully.

Reinstatement

When the suspension ends, DPS charges a $125 reinstatement fee before it will issue or renew your license, plus any other outstanding fees.

Special Situations

• Commercial driver's license (CDL) holders. DPS may also disqualify your CDL, and an occupational license can't be used to drive a commercial vehicle. For professional drivers, the ALR hearing can decide whether you keep working.
• Drivers under 21. Texas suspends minors' licenses for any detectable alcohol, so the ALR case can apply even well below 0.08.
• Out-of-state drivers arrested in DFW. Texas can deny your privilege to drive in Texas, and your home state may act on the Texas suspension. Request the hearing anyway.
• A suspension from the criminal case, too. A DWI conviction can carry its own license suspension. DPS notes that you can receive both from the same arrest, though Texas law provides credit for ALR suspension time in many cases. See our overview of Texas DWI license suspensions and occupational licenses.

A Simple 15-Day Action Plan After a DFW DWI Arrest

1. Day 1 to 2: Find your notice of suspension (DIC-25 or similar) and any temporary paperwork. Write down the arrest date.
2. Day 1 to 3: Talk with a DWI defense attorney. Don't wait for the first court date.
3. As soon as possible: Request the ALR hearing through DPS, either yourself or through your attorney.
4. After the hearing is set: Your attorney decides whether to subpoena the arresting officer and other witnesses and files the requests before SOAH's deadlines.
5. Meanwhile: Keep driving lawfully. Follow any bond conditions, such as an ignition interlock, which DFW courts frequently order.
6. After the hearing: If the suspension is sustained, consider an occupational license and an appeal right away.

For a broader look at how a DWI case unfolds in Tarrant County, see DWI laws in Texas explained for Fort Worth residents and our breakdown of the real costs of a DWI in Texas.

Frequently Asked Questions

Is the 15-day deadline counted from the arrest date?

In most breath-test and refusal cases, yes, because the officer serves the notice of suspension at arrest. The legal trigger is the date you receive (or are presumed to receive) the notice. In blood-test cases where DPS mails the notice later, DPS allows 20 days from the mailing date. If you aren't sure which applies, treat the earliest possible date as your deadline.

Can I still drive after a DWI arrest in Texas?

Usually, for a while. The suspension doesn't take effect until the 40th day after notice. If you request a hearing on time, the suspension is stayed until the judge decides. Bond conditions in your criminal case, such as an ignition interlock requirement, still apply.

If my DWI charge is dismissed, does the ALR suspension go away?

Not automatically. Under Texas Transportation Code §524.015, the disposition of the criminal case generally doesn't affect the ALR suspension. An acquittal is the main exception and requires DPS to rescind the suspension. Whether a dismissal helps depends on the facts.

Do I need a lawyer for an ALR hearing?

You can represent yourself, and SOAH publishes a guide for self-represented drivers. But a DPS attorney presents the case for the state, and the most valuable part of the hearing, cross-examining the officer, depends on properly subpoenaing them. A lawyer also uses the hearing to build the record for your criminal defense.

What if I refused the breath test?

A refusal leads to a proposed 180-day suspension for a first offense (two years with a prior contact in the past 10 years). At the hearing, the issues include whether the stop and arrest were lawful and whether you were properly asked for a specimen and refused. Officers often seek a blood warrant after a refusal, so you may face both a refusal suspension and blood evidence in the criminal case.

How long does it take to get an ALR hearing?

DPS says it may take 30 to 60 days for a hearing to be scheduled. Hearings may be in person in the county of arrest or by videoconference.

What if I miss the 15-day deadline?

DPS will deny a late request, and the suspension will take effect on the 40th day. You may still be eligible for an occupational driver's license, and the criminal case continues on its own track. Talk with a lawyer about your options right away.

Talk to a Fort Worth DWI Attorney About Your ALR Hearing

The 15-day window is short, and what happens in it can shape both your driving privileges and your criminal case. HLAW's Fort Worth DWI attorneys represent drivers throughout Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties in ALR hearings and DWI cases. Call (817) 993-9249 or contact us online for a free consultation. If your arrest was recent, call today so we can make sure your hearing request is filed on time.

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This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. DWI and license laws change, and every case depends on its facts. Consult a licensed Texas attorney about your situation.