A DWI arrest in Texas triggers a chain of consequences that begins the night of the arrest and extends years into the future. Most people who focus on getting home assume the hard part is over once they’re released.
It isn’t.
The decisions made in the days and weeks that follow, and whether you had legal representation, shape how much of that chain you end up carrying.
Key Takeaways
- A first-offense DWI in Texas is a Class B misdemeanor under Texas Penal Code § 49.04, carrying up to 180 days in jail and fines up to $2,000, plus mandatory fees and program costs.
- The Texas Department of Public Safety can suspend your driver’s license for up to two years following a DWI arrest, separate from any criminal conviction.
- Deferred adjudication is not available for standard DWI charges in Texas, which makes the outcome of the criminal case more consequential here than in many other states.
- CDL holders convicted of DWI while operating a commercial vehicle face a minimum one-year federal disqualification on a first offense, with a lifetime ban on a second offense.
- First-time DWI offenders may qualify for a nondisclosure order under Texas Government Code § 411.0731, which limits public access to the record after a waiting period.
Call 325-437-3311 or contact us online to discuss your case with our Abilene DWI defense attorney.
What Happens Immediately After a DWI Arrest
Your License Is at Risk Before the Criminal Case Resolves
Texas operates under an implied consent law, meaning the consequences to your license begin at the moment of arrest, not at conviction. When the officer requested a breath or blood sample, your refusal or a result above the legal limit triggered an Administrative License Revocation (ALR) under Texas Transportation Code § 724.035.
You have 15 days from the date of arrest to request an ALR hearing. Miss that window, and the suspension takes effect automatically, regardless of how the criminal case resolves.
Fines, Fees, and What a Conviction Actually Costs
A first-offense DWI conviction carries fines up to $2,000 under Texas Penal Code § 49.04. Court costs, mandatory alcohol education programs, ignition interlock requirements, and reinstatement fees add significantly to that figure. The total financial impact of a first-offense conviction routinely runs well above the statutory fine ceiling.
Your Criminal Record Starts the Night of the Arrest
A DWI arrest creates a record the moment it happens. A conviction makes that record permanent unless a court later grants relief. The distinction between arrest and conviction matters when evaluating your options, and it’s one reason the outcome of the criminal case affects your life well beyond the sentence itself.
How a DWI Affects Employment in Texas
Background Checks and Professional Licensing
A Texas DWI conviction can trigger licensing reviews by state boards in healthcare, education, finance, and law, with some boards requiring self-reporting regardless of the outcome. Whether a DWI results in license review, suspension, or no action depends on the board’s standards and the circumstances of the offense.
Most employers who run background checks will also see the conviction. Private employers in Texas are not legally prohibited from asking about criminal history at the application stage, so a DWI can surface early and remove candidates before an interview takes place. In our experience, clients are often caught off guard by how quickly professional consequences follow a conviction.
CDL Holders Face a Separate Set of Consequences
For someone whose livelihood depends on a commercial license, the employment consequences of a DWI dwarf the criminal penalties. Federal regulations impose a minimum one-year CDL disqualification for a first DWI conviction while operating a commercial vehicle. A second conviction means a lifetime disqualification. Convictions in a personal vehicle can also carry CDL implications under certain conditions, and CDL holders cannot use Texas’s defensive driving dismissal option to shield violations that occurred in a commercial vehicle.
Insurance After a DWI in Texas
Rate Increases and High-Risk Classification
Insurance carriers in Texas treat a DWI conviction as a high-risk designation. Rate increases are significant; some drivers see premiums double or more at renewal. Texas insurers often look back three to five years when setting rates, meaning the financial impact runs well past the initial conviction period.
SR-22 Filing Requirements
An SR-22 is a form your insurer files with the state confirming that minimum liability coverage is in place. Texas may require this certificate as a condition of license reinstatement after a DWI-related suspension. Not all carriers offer SR-22 coverage, and those that do typically charge higher premiums for the duration of the filing requirement, which adds another layer of cost on top of the post-conviction rate increase.
Travel After a Texas DWI
Canada Has a Hard Line on DWI Convictions
Canada treats DWI as a serious criminal offense under its immigration law. A Texas DWI conviction, including a first-offense misdemeanor, can result in denial of entry at the border. Travelers with a conviction can apply for a Temporary Resident Permit or criminal rehabilitation, but those processes involve fees, documentation, and waiting periods. It catches people off guard, particularly those traveling for work.
Passports and Domestic Travel
A standard misdemeanor DWI conviction does not affect your ability to hold a U.S. passport or travel domestically. A felony DWI, such as intoxication manslaughter or a third offense, may carry different implications depending on sentencing conditions. Any travel restrictions tied to bond conditions or probation apply regardless of destination.
Call 325-437-3311 or contact us online — the sooner you get an attorney involved, the more options remain open.
Steps Worth Taking in the Weeks After a DWI Arrest
The period between arrest and case resolution is when the most consequential decisions happen. Many people who have been through this process find the following worth considering through a legal lens:
- Request the ALR hearing within 15 days. Missing this deadline results in automatic license suspension, separate from anything that happens in the criminal case.
- Avoid discussing the incident. Statements made to friends, family, or on social media can surface later in ways that complicate a defense.
- Collect documentation from the night of the arrest. Where you were, what you consumed, the timeline of events, and anything you remember about the stop may be relevant to your case.
- Consider your professional licensing exposure early. If you hold a CDL, a state license, or work in a regulated industry, the implications extend beyond the criminal charge and should factor into how you approach the case.
- Do not assume the outcome is settled. DWI cases involve evidence that can be challenged from the basis for the traffic stop to the reliability of the breath or blood test results.
Ask the Law Offices of David M. White
Q: Can I still drive after a DWI arrest in Texas?
A: Possibly, in the short term. You typically have 40 days from the arrest date before a suspension takes effect, and you must request the ALR hearing within 15 days to contest it. An occupational license may also be available, which permits driving for work and essential needs during a suspension period. An attorney can help pursue the right option quickly.
Q: What is deferred adjudication, and why can’t I get it for a Texas DWI?
A: Deferred adjudication is a probation arrangement where completing all court conditions results in a dismissed case rather than a conviction. Texas law specifically excludes standard DWI charges under Penal Code § 49.04 from deferred adjudication eligibility. The legislature carved it out deliberately, making Texas stricter on this point than many other states and raising the stakes of how the criminal case is handled.
Q: Can a DWI be expunged or sealed in Texas?
A: A DWI conviction cannot be expunged. Expungement in Texas applies only to dismissed charges or acquittals. However, first-time offenders who meet specific eligibility requirements under Texas Government Code § 411.0731 may qualify for a nondisclosure order, which blocks most public background checks from returning the record. Law enforcement and licensing boards retain access regardless of whether nondisclosure is granted.
DWI Consequences Questions Answered by Our Abilene Attorneys
Does a DWI affect child custody in Texas?
A DWI conviction can be raised in custody proceedings, particularly if the arrest occurred with a child present or if a pattern of behavior is at issue. Texas family courts consider each parent’s circumstances when determining the arrangement that serves the child’s best interests. A pending criminal case and an active custody matter running simultaneously require coordinated attention.
Is a DWI a felony in Texas?
A first or second standard DWI is a misdemeanor in Texas. A DWI becomes a felony under several conditions: a third or subsequent offense, having a passenger under 15 in the vehicle, or causing serious bodily injury or death. Felony DWI carries significantly higher penalties and broader consequences for employment, licensing, and travel.
What happens if I get a second DWI in Texas?
A second DWI conviction is a Class A misdemeanor, carrying up to one year in jail and fines up to $4,000. If both the first and second convictions involve a BAC of 0.15 or higher or other aggravating factors, charges can escalate. A second conviction also affects CDL eligibility and further reduces the likelihood of any future record relief.
What Comes Next Is Up to You
A DWI arrest narrows your options, but it does not eliminate them. How the criminal case is handled, whether the ALR hearing is contested, and whether nondisclosure is pursued later all hinge on decisions made early. Waiting and hoping tend to produce the worst outcomes.
The Law Offices of David M. White handles DWI cases in Abilene, San Angelo, and across West Texas. Consultations are free with no obligation.
Call 325-437-3311 or contact us online. Se habla español.