A DWI arrest in Abilene can affect both your criminal record and your driver’s license. In Texas, you have only 15 days from the date of arrest to request an Administrative License Revocation hearing, or your license suspension may begin automatically on the 40th day.
An Abilene DWI lawyer can act quickly to request the ALR hearing, review the traffic stop, challenge breath or blood test evidence, and begin building a defense in Taylor County court.
The Law Offices of David M. White represents people facing DWI charges in Abilene and throughout Taylor County. Call 325-437-3311 to discuss your case today.
How Does DWI Compare to DUI in Texas?
In Texas, DWI and DUI are distinct offenses with different legal standards and consequences.
A DWI (driving while intoxicated) means driving a vehicle in a public place when your blood alcohol level is 0.08 or higher, or when alcohol, drugs, or a mix of both have impaired your ability to drive.
A DUI (driving under the influence) applies only to drivers under 21 and prohibits operating a vehicle with any detectable amount of alcohol in their system.
What Are the Penalties for DWI vs. DUI in Texas?
Under Texas Penal Code § 49.04, a DWI is generally charged as a Class B misdemeanor and may result in jail time, fines, and a driver’s license suspension.
By contrast, a DUI is classified as a Class C misdemeanor with less severe penalties, though it can still remain on your record.
In Taylor County, charges are not always filed correctly, and some cases may qualify for a lower charge based on the facts.
A DWI attorney in Abilene can review the details of your case, determine whether the charge fits, and identify possible ways to challenge or reduce it.
How the Law Offices of David M. White Defend Against DWI Charges in Abilene
A drunk driving defense lawyer in Abilene needs to move fast and work on multiple fronts at once.
The Law Offices of David M. White represent drivers throughout the Abilene area and Taylor County who face DWI charges, and Attorney David M. White brings criminal defense experience in DWI, drug possession, and criminal record clearing to every case.
Building a DWI Defense Strategy in Taylor County
Every DWI arrest produces a specific set of facts. A targeted defense starts by pulling each one apart.
The firm reviews the officer's stated reason for the stop, the field sobriety tests administered, the breath or blood test procedures, and every piece of documentation tied to your arrest.
Weak points in that chain often become the strongest parts of the defense. Drivers from Abilene, Tye, Merkel, Tuscola, Buffalo Gap, and Dyess AFB all face the same Taylor County courts and prosecutors.
Protecting Your License Through the ALR Hearing
After a DWI arrest in Texas, your driver’s license is on a separate track from your criminal case. This process is called the Administrative License Revocation (ALR), and it moves quickly.
You have 15 days from the date of your arrest to request a hearing. If you do not request it in time, the Texas Department of Public Safety (DPS) will automatically proceed with a suspension, typically beginning on the 40th day after your arrest.
Once that deadline passes, your ability to challenge the suspension becomes very limited.
The ALR hearing is handled by an administrative law judge through the State Office of Administrative Hearings. It focuses only on your driving privileges, not whether you are guilty of DWI.
The length of a suspension depends on two main factors: whether you took or refused testing, and whether you have prior alcohol-related history:
- A first test showing a BAC of 0.08 or higher can lead to a 90-day license suspension
- Refusing a breath or blood test for the first time can result in a 180-day suspension
- A second or later test failure can bring a suspension of up to one year
- A second or later refusal can lead to a suspension of up to two years
If you do not request an ALR hearing, these suspensions can take effect automatically.
A DWI attorney can act quickly to request the hearing, represent you before the administrative judge, and use that process to uncover evidence that may also support your defense in a Taylor County DWI case.
Hear From Our Clients
What Are the Penalties for a First DWI vs. a Second or Third DWI in Texas?
In Texas, a first DWI is usually a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.
A second DWI is a Class A misdemeanor with a mandatory minimum of 30 days in jail and fines up to $4,000.
A third DWI is a third-degree felony carrying a sentence of two to ten years in prison and fines up to $10,000.Section 49.04 of the Texas Penal Code defines the base offense, andSection 49.09 governs enhancements for repeat offenses.
First Offense DWI Penalties in Taylor County
If your blood alcohol concentration is 0.15 or higher, a first DWI is charged as a Class A misdemeanor instead of a Class B.
That higher level brings tougher penalties. For a first DWI conviction, a Taylor County court may impose the following:
- A fine of up to $2,000 for a standard first offense, or up to $4,000 if BAC reached 0.15 or above
- Jail time from 72 hours to 180 days for a Class B, or up to one year for a Class A
- Driver's license suspension of 90 days to one year
- A mandatory DWI education course and possible community service
- A $3,000 statutory assessment imposed under Texas law for intoxication-related convictions
These are statutory ranges. The actual outcome depends on the facts, the evidence, and the defense.
An Abilene DWI attorney works to challenge the state's case and push for the best available result.
Repeat DWI Offenses and Felony Enhancement
Texas has no lookback period for prior DWI convictions. A conviction from 25 years ago still counts as a prior for enhancement.
That means a second arrest, no matter how much time has passed, triggers Class A misdemeanor penalties at minimum. A third arrest triggers felony charges.
Anyone facing a multiple DWI charge in Taylor County needs a defense attorney who understands how prosecutors build enhancement cases and where those cases break down.
What Happens During a DWI Arrest in Taylor County?
A DWI arrest usually unfolds in a series of steps, and each one can produce evidence the prosecution may rely on in court.
But those same steps can also open the door to a defense, particularly if officers did not follow proper procedures along the way.
The Traffic Stop and Field Sobriety Testing
An officer needs reasonable suspicion to initiate a traffic stop. After the stop, the officer may ask you to perform standardized field sobriety tests.
These are subjective evaluations. Plenty of factors beyond intoxication produce poor results.
- Uneven pavement, poor lighting, or weather at the testing location
- Medical conditions, prior injuries, or medications that affect balance
- Improper test administration or failure to follow NHTSA protocols
- Anxiety, fatigue, or physical limitations unrelated to alcohol
Spotting these issues early can give your defense attorney an advantage when negotiating with prosecutors or challenging the evidence in court.
What may seem like strong field sobriety evidence at first often does not hold up under closer scrutiny.
Breath and Blood Testing in Texas DWI Cases
Under the Texas implied consent law, refusing a breath or blood test after a lawful DWI arrest triggers ALR consequences.
You retain the right to refuse, but that refusal carries a longer suspension period than a test failure. Providing a sample with a BAC of 0.08 or higher also triggers ALR action but with a shorter suspension.
Breath testing devices need regular calibration and documented maintenance. Blood draws must follow strict chain-of-custody procedures from the moment the sample leaves your body.
Gaps in either process may give an Abilene DWI attorney grounds to challenge the results or seek their suppression.
How Does Deferred Adjudication Work for an Abilene DWI?
Deferred adjudication is a form of community supervision where the judge delays entering a final conviction.
If you complete every condition the court sets, the case ends with a dismissal rather than a conviction on your record. Texas law now allows this option for certain first-time DWI offenses.
Who Qualifies for DWI Deferred Adjudication in Taylor County
Eligibility varies, and the judge keeps full discretion over whether to grant it. Several factors typically come into play.
- In most cases, deferred adjudication is limited to a first DWI without major aggravating factors
- A higher BAC (0.15 or above), a child passenger, or an accident involving injuries can make approval less likely
- Conditions often include an ignition interlock device, regular check-ins, a substance abuse evaluation, and community service
- If you complete all requirements, you may be eligible to request a nondisclosure order to limit public access to the case
- Even without a conviction, deferred adjudication can still count as a prior offense if you are charged with DWI again
Avoiding a final conviction can make a real difference. A dismissed case is treated differently than a conviction when it comes to job applications, professional licensing, and background checks.
A DWI attorney in Abilene evaluates whether deferred adjudication fits your situation and pushes for it when the facts line up.
Ask the Law Offices of David M. White
How soon should I hire a DWI lawyer in Abilene?
Act quickly. You have 15 days to request an ALR hearing. If you miss it, DPS will suspend your license on day 40 with no chance to contest it.
Hiring a lawyer within 48 hours also helps preserve evidence, review body camera footage, and identify issues in the state’s case before court.
Will I automatically lose my license after a DWI arrest?
No. The officer takes your license and gives you a temporary permit (DIC-25) valid for 40 days.
You can request an ALR hearing during that time to challenge the suspension. If you do not request a hearing, the suspension begins on day 40.
What does a DWI cost beyond fines?
Costs extend past the court fine. A first conviction includes a $3,000 state assessment, along with higher insurance, ignition interlock fees, classes, supervision fees, and possible lost income. Total costs often reach thousands of dollars over several years.
FAQs for Abilene DWI Lawyers
Is a first DWI a felony in Texas?
No. A first DWI is typically a Class B misdemeanor, or a Class A misdemeanor if the BAC reached 0.15 or higher.
The one exception: a first DWI becomes a state jail felony if a child under 15 was a passenger. Penalties at the felony level include up to two years in a state jail facility and fines up to $10,000.
How long does a DWI stay on your record in Texas?
A DWI conviction stays on your criminal record permanently unless you qualify for a nondisclosure order.
Completing deferred adjudication on a first DWI may allow you to petition to seal the record after a waiting period.
A conviction entered through a guilty plea or trial verdict does not qualify for nondisclosure under current Texas law.
What is the 15-day ALR deadline after a DWI arrest?
The 15-day ALR deadline is the window you have to request a hearing to contest the administrative suspension of your driver's license.
The clock starts the day of your arrest. If you do not file the request within 15 days, your license faces automatic suspension on the 40th day with no opportunity for a hearing.
How do I get my license back after a DWI in Abilene?
Reinstatement depends on whether the suspension came through the ALR process, a court order, or both.
Steps may include paying DPS reinstatement fees, providing SR-22 insurance (proof of financial responsibility), completing court-ordered requirements, and installing an ignition interlock device. An Abilene DWI attorney guides you through each step of the process.
Does a DWI conviction affect employment in Texas?
It can. A DWI conviction becomes part of your record, and employers, landlords, or licensing boards may see it during a background check.
For commercial drivers, it may result in CDL disqualification, and it can also impact certain professional licenses.
In some cases, resolving the charge without a conviction, such as through dismissal or deferred adjudication, may help reduce these consequences.
Fight Your Abilene DWI Charge With the Law Offices of David M. White
The 15-day ALR deadline comes up quickly, and the consequences of a DWI charge in Taylor County begin to build right away. Acting early gives you a better chance to protect your license and address the criminal case at the same time.
An Abilene DWI lawyer at the Law Offices of David M. White works on both sides of the case, handling the administrative hearing while preparing your defense in criminal court.
Call 325-437-3311 to speak with the firm and take the next step in your defense.