What Is DWI in Texas, and What Happens After an Arrest?
If you are searching for a DWI lawyer in Houston right now, here is what matters most: Texas DWI is defined under Tex. Penal Code § 49.04 as operating a motor vehicle in a public place while intoxicated. Intoxication carries two independent legal meanings. The first is a blood alcohol concentration (BAC) of 0.08% or higher. The second is any loss of normal mental or physical faculties due to alcohol, a controlled substance, or a drug — regardless of BAC level. A DWI arrest in Harris County initiates two simultaneous legal proceedings: the criminal DWI case in county court and the Administrative License Revocation (ALR) process with the Texas DPS. Both begin at the moment of arrest, and both require a Houston DWI lawyer who can move on them immediately.
Herman Martinez is a former Harris County Chief Prosecutor and board-certified DWI defense attorney based in Houston. He spent years building DWI cases for the state. That experience identifies precisely where prosecutors structure their strongest evidence — and where those cases collapse under scrutiny. As the DWI lawyer Houston clients turn to when their license, career, or freedom is on the line, Herman handles the criminal defense and the ALR hearing simultaneously, from the first call through final resolution. This page is the full breakdown of every stage of a Houston DWI case — arrest, license fight, court process, penalties, and life afterward; for a court-by-court view of how Harris County specifically prosecutes these cases, see the Harris County DWI attorney overview.
What Happens Step by Step After a DWI Arrest in Houston
Booking, Fingerprinting & Release
After your arrest, you are transported to the Harris County jail for booking — fingerprinting, photographs, and case paperwork. Bond is set and you are released. The clock on the 15-day ALR deadline starts from the date of your arrest, not your release date.
License Suspension Notice
At the time of arrest, the officer issues a Notice of Suspension — a document that serves as a temporary driving permit for 40 days. After that, your license is suspended automatically unless you have requested an ALR hearing. Learn about ALR hearings and how they protect your license.
Request Your ALR Hearing (15-Day Deadline)
You have 15 calendar days from the date of arrest to request an ALR hearing with the Texas DPS. Miss this deadline and your license is gone automatically — regardless of the outcome of your criminal case. Herman Martinez files this request immediately upon being retained. Read the full guide to the 15-day rule.
ALR Hearing — Strategic Use Beyond License Protection
The ALR hearing is not only a license-saving procedure. It is a strategic opportunity to place the arresting officer under oath before your criminal case goes to trial. Their sworn testimony creates a permanent record — if their story changes later, Herman uses that inconsistency to impeach their credibility before the jury. See how Herman uses ALR hearings as a defense tool.
Criminal Case — Arraignment, Pretrial, & Resolution
The criminal case proceeds separately through the Harris County court system. Herman evaluates every element of the state's evidence — the traffic stop validity, field sobriety test administration, breath or blood test results — and builds a defense strategy around where the prosecution's case is weakest.
What Are the Texas DWI Penalties You Are Facing?
A first-time Texas DWI under Tex. Penal Code § 49.04 is a Class B misdemeanor: 72 hours to 180 days in jail and up to $2,000 in fines. A second offense is a Class A misdemeanor with 30 days to 1 year in jail and up to $4,000. A third offense is a third-degree felony with 2–10 years in prison and up to $10,000 in fines. Total costs for a first offense — including surcharges, legal fees, and insurance increases — typically reach an estimated $17,000.
| Offense | Classification | Jail / Prison | Fine | License Suspension | Annual Surcharge |
|---|---|---|---|---|---|
| 1st Offense DWI | Class B Misdemeanor | 72 hrs – 180 days | Up to $2,000 | 90 days – 1 year | $1,000–$2,000/yr × 3 yrs |
| 2nd Offense DWI | Class A Misdemeanor | 30 days – 1 year | Up to $4,000 | Up to 2 years | $1,500–$2,000/yr × 3 yrs |
| 3rd Offense DWI | 3rd Degree Felony | 2 – 10 years prison | Up to $10,000 | Up to 2 years | $2,000/yr × 3 yrs |
| DWI w/ Child Passenger | State Jail Felony | 180 days – 2 years | Up to $10,000 | Up to 2 years | $2,000/yr × 3 yrs |
| Intoxication Assault | 3rd Degree Felony | 2 – 10 years prison | Up to $10,000 | Up to 2 years | Varies |
| Intoxication Manslaughter | 2nd Degree Felony | 2 – 20 years prison | Up to $10,000 | Up to 2 years | Varies |
Additional consequences may include ignition interlock device requirements, mandatory alcohol education programs, community service, and probation. Annual surcharges are paid to the Texas DPS to maintain your license after reinstatement.
Beyond Jail and Fines: How Does a DWI Conviction Affect Your License, Career, and Rights?
A DWI conviction reaches well past the courtroom — a Texas DWI conviction can cost you your professional license, your gun rights, your standing in a custody dispute, and even your ability to travel internationally. These collateral consequences often matter more to a client than the fine itself, and they are exactly why an early, aggressive defense is worth pursuing even in cases that look straightforward.
Licensed Professionals
Nurses, doctors, attorneys, teachers, real estate agents, CPAs, pharmacists, commercial pilots, and anyone holding a state or federal security clearance can face board review, license suspension, or termination after a DWI arrest — sometimes before the criminal case is even resolved. Herman has represented licensed professionals whose careers were on the line and understands the reporting deadlines each licensing board imposes. Commercial and CDL-holding drivers face their own disqualification rules; see CDL & commercial DWI defense. For the full breakdown of licensing-board deadlines and defense strategy by profession, see DWI defense for licensed professionals.
Firearm Rights & Federal Consequences
A DWI conviction alone does not strip firearm rights the way a felony does — but a felony DWI (third offense or higher, intoxication assault, or intoxication manslaughter) triggers a federal firearm prohibition under 18 U.S.C. § 922(g). Even a misdemeanor arrest can complicate an active security clearance or federal background check. Felony DWI defense is built around avoiding exactly this outcome.
Child Custody & Family Law
A pending DWI charge or conviction is regularly raised in Texas custody and divorce proceedings as evidence bearing on a parent's judgment and fitness. Opposing counsel will use an unresolved DWI case against you in a custody modification. Resolving the criminal case quickly and favorably protects your parental rights alongside your driving record.
Travel, TSA PreCheck & Immigration
A DWI conviction can result in disqualification from TSA PreCheck and Global Entry, and it can complicate entry into countries like Canada, which treats DWI as a serious criminal offense. For non-U.S. citizens, a DWI conviction can also carry immigration consequences up to and including deportation proceedings, depending on the disposition and any prior record. These are outcomes Herman factors into plea negotiations from day one, not an afterthought after sentencing.
Because these collateral consequences fall hardest on people with a career, a professional license, a security clearance, or an immigration status to protect, Herman treats every DWI case as one where the stakes extend far beyond the maximum jail sentence on the statute.
What DWI Case Types Does Herman Martinez Defend in Houston?
Herman Martinez defends first-time DWI, felony DWI (3rd offense or higher), DWI with a child passenger, ALR hearings, breath and blood test challenges, field sobriety test cases, CDL commercial DWI, underage DWI, drug DWI, intoxication assault, unlawful traffic stop cases, and out-of-state DWI matters across Harris County. Each charge carries distinct penalties, evidentiary standards, and defense strategies.
Herman Martinez defends all DWI and related charges across Harris County — including occupational driver's license applications, DWI divert program eligibility, DWI expunctions, sobriety checkpoint challenges, boating while intoxicated (BWI), and DWI arrests involving a motorcycle. College students arrested near a Houston-area campus, and anyone booked during a no-refusal weekend, face the same 15-day ALR clock and need the same fast response. If you were arrested and need to get out of jail first, see DWI bail and bonds in Harris County. Call (713) 242-1779 for a free evaluation of your specific situation.
How Does a Former Prosecutor Build a DWI Defense?
A former prosecutor builds a DWI defense by applying the same evidentiary standards used to convict — because he knows which evidence is hardest to challenge and which is not. Herman Martinez served as Harris County Chief Prosecutor, building DWI cases for the state. He now applies that framework to identify where arresting procedures, test results, and officer testimony fall below the legal standard required for conviction.
Traffic Stop Validity
Every DWI defense starts here. If the officer lacked reasonable suspicion for the stop, all evidence gathered after — breath test, field sobriety tests, blood results — may be suppressed entirely. Herman examines dashcam footage, officer reports, and dispatch logs to evaluate every stop. Learn about unlawful stop defenses.
Field Sobriety Test Administration
As an NHTSA-certified attorney, Herman is trained in the same protocols as the officer who administered your tests. He examines every instruction, every scoring decision, and every environmental factor — and challenges any deviation from standardized procedures. Field sobriety test challenges.
Breath & Blood Test Reliability
Breath test machines require regular calibration and certified maintenance. Blood test results depend on proper collection, chain of custody, and certified laboratory analysis. Herman investigates machine maintenance records, lab certification status, and collection procedures to identify challengeable evidence. Breath & blood test defense.
What Pretrial Options and Diversion Programs Are Available in a Texas DWI Case?
Texas DWI pretrial options include the Harris County DWI Divert Program, suppression motions that can result in dismissal, and negotiated charge reductions. The Divert Program allows qualifying first-time offenders to complete supervision requirements in exchange for dismissal. Eligibility depends on BAC level, prior criminal history, and the specific facts of the arrest.
Herman evaluates eligibility for the Harris County DWI Divert Program for qualifying first-time offenders. He also handles occupational driver's license applications to keep you legally driving during the pendency of your case. After resolution, Herman assists eligible clients with DWI expunctions and orders of non-disclosure to clear or seal their records.
For DWI arrests in specific Houston-area communities, see the dedicated location pages: Harris County DWI, Montgomery County DWI, Fort Bend County DWI, Katy DWI, Baytown DWI, Spring DWI, and Woodlands DWI. For Herman's background and credentials, see the Houston DWI attorney profile, or read the Houston DWI attorney overview for Harris County for court-by-court coverage. For criminal defense matters beyond DWI, see the criminal defense overview.
Frequently Asked Questions About DWI in Texas
After a DWI arrest in Texas, you have exactly 15 calendar days to request an ALR hearing with the Texas DPS. Miss this deadline and your license is automatically suspended — 90 days if you failed the test, 180 days if you refused. There is no extension. Full guide to the 15-Day Rule →
A first-time DWI is a Class B misdemeanor: 72 hours–180 days in jail, up to $2,000 in fines, 90-day to 1-year license suspension, and $1,000–$2,000 annual surcharges for 3 years. If BAC was 0.15+, it escalates to a Class A misdemeanor. First-time DWI defense →
Yes — more often than people expect. DWI charges are dismissed when an attorney identifies an unlawful traffic stop, improperly administered field sobriety tests, faulty breathalyzer calibration, improper blood draw procedures, or constitutional violations during arrest. Herman has achieved multiple dismissals including cases with chemical test results. View case results →
Refusing triggers a 180-day automatic suspension — longer than the 90-day suspension for failing. However, refusing gives the prosecution no chemical test result to use against you. This is a complex tradeoff with no universal answer. Call Herman Martinez immediately so he can evaluate your specific situation.
DWI (Driving While Intoxicated) applies to adults with BAC ≥ 0.08% or who are impaired regardless of BAC. DUI is a separate lesser charge for minors under 21 who have any detectable alcohol, even below 0.08%. DWI carries heavier penalties. DWI vs. DUI explained →
The ALR hearing fights your license suspension AND lets your attorney cross-examine the arresting officer under oath before the criminal trial. That sworn testimony creates a record — if the officer's story changes later, Herman uses that inconsistency to impeach their credibility before the jury. ALR hearing strategy →
A second DWI becomes a Class A misdemeanor (30 days–1 year jail, up to $4,000 fine). A third DWI is a 3rd-degree felony with 2–10 years in prison and up to $10,000 fine. Prior offenses within 10 years dramatically increase the sentence range. Full penalty guide →
Yes. The three Standardized Field Sobriety Tests (HGN, Walk-and-Turn, One-Leg Stand) have strict NHTSA administration protocols. Any deviation — wrong instructions, wrong surface, wrong lighting, scoring errors — can invalidate the results. As an NHTSA-certified attorney, Herman knows exactly what to look for. FST challenge strategies →
Yes — severely. Commercial drivers face a lower BAC threshold (0.04%) and a first DWI conviction results in a one-year CDL disqualification. A second offense means lifetime disqualification. For professional drivers, the consequences of a DWI conviction are career-ending. CDL DWI defense →
A DWI conviction cannot be expunged. However, if your charge is dismissed or you are found not guilty, you may qualify for an expunction that removes the arrest entirely from your record. Deferred adjudication is not available for DWI in Texas, but some non-disclosure options exist after completing probation. DWI expunction guide →
It can. Nurses, doctors, teachers, real estate agents, CPAs, pilots, and holders of a security clearance often face licensing-board review after a DWI arrest, sometimes before the criminal case is resolved. Firearm rights are not affected by a misdemeanor DWI, but a felony DWI conviction triggers a federal firearm prohibition. Herman factors both risks into the defense strategy from the first call. See DWI defense for licensed professionals for the specific reporting deadlines and board procedures by profession.