Houston DWI Defense Guide: What to Expect After a DWI Arrest in Texas
- becoolwithbob
- 3 days ago
- 3 min read
A Complete Guide to DWI Charges, Penalties, and Defense Options in Houston
Being arrested for driving while intoxicated (DWI) in Houston can be overwhelming, confusing, and frightening — especially if it’s your first time facing the criminal justice system. As a Houston DWI defense attorney, I regularly speak with people who never imagined they’d be in this position and don’t know where to turn next.
This DWI defense guide is designed to explain what happens after a DWI arrest in Texas, what penalties you may face, and what defense options may be available — so you can make informed decisions during a critical time.
What Is Considered a DWI in Texas?
Under Texas law, a person may be arrested for DWI if they are operating a motor vehicle in a public place while:
Having a blood alcohol concentration (BAC) of 0.08 or higher, or
Losing the normal use of mental or physical faculties due to alcohol or drugs
You can be arrested even if your BAC is below 0.08 if an officer believes impairment is present.
What Happens During a Houston DWI Arrest?
A typical Houston DWI arrest may involve:
A traffic stop
Field sobriety tests
A request for a breath or blood test
Arrest and transport to jail
Chemical testing or refusal
License suspension paperwork
Each step matters. Mistakes made during any phase of the arrest can impact the case and may create opportunities for a defense.
Breath Tests, Blood Tests, and Chemical Evidence
After a DWI arrest, officers may request a breath test or blood test to measure BAC.
Breath tests provide immediate results but are subject to calibration and operator errors.
Blood tests are often obtained via warrant and tested later in a lab, where chain-of-custody and testing issues can arise.
Chemical test results are important — but they are not conclusive and must be examined carefully.
(This guide links to detailed articles explaining breath test refusal and blood vs. breath testing.)
What Is a High-BAC DWI in Texas?
If a chemical test shows a BAC of 0.15 or higher, prosecutors may pursue enhanced penalties.
A high-BAC DWI can be charged as a Class A misdemeanor, even for a first offense, increasing the potential jail time, fines, and probation conditions.
High-BAC allegations often lead to:
More aggressive prosecution
Mandatory ignition interlock devices
Reduced plea bargaining flexibility
DWI Penalties in Houston and Harris County
First-Time DWI (Standard)
Up to 180 days in jail
Fines up to $2,000
License suspension
Alcohol education programs
High-BAC DWI (0.15+)
Up to 1 year in jail
Fines up to $4,000
Enhanced probation conditions
Ignition interlock requirements
Penalties increase further with prior convictions, accidents, or injuries.
Driver’s License Suspension and the ALR Process
A DWI arrest triggers two separate cases:
The criminal DWI case
The Administrative License Revocation (ALR) case
You have 15 days from the date of arrest to request an ALR hearing. Missing this deadline can result in automatic license suspension — even if the criminal case is dismissed.
The ALR hearing can also be a valuable opportunity to:
Cross-examine the arresting officer
Preserve testimony
Identify weaknesses in the prosecution’s case
Can a DWI Be Dismissed or Reduced?
Yes — but outcomes depend on the facts.
Potential defenses may involve:
Illegal traffic stops
Improper field sobriety testing
Faulty breath or blood testing
Constitutional violations
Evidence handling errors
No two cases are alike. Early legal review is critical.
Why Early Legal Action Matters in Houston DWI Cases
Houston prosecutors move quickly, and evidence can disappear if it’s not preserved. Taking action early allows for:
Timely ALR hearing requests
Evidence preservation
Strategic defense planning
Reduced long-term consequences
Waiting often limits options.
What This Means for Anyone Arrested for DWI in Houston
A DWI arrest does not define your future — but how you respond to it matters. Understanding your rights, the process, and the consequences can make a meaningful difference in the outcome of your case.
This guide is meant to provide clarity, not fear — and to emphasize that every DWI case deserves careful, individualized attention.
Learn More About Houston DWI Defense Options
If you or someone you care about has been arrested for DWI in Houston or Harris County, learning about your options early can help protect your rights, your license, and your future.
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