First Time DWI in Texas — What to Expect Step by Step
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Step 1: Arrest and booking (Day 1)
The arrest typically follows a traffic stop. The officer observes signs of impairment, conducts field sobriety tests, requests a breath or blood specimen, and effects arrest. From arrest, you go to county jail for booking:
- Booking process: Property inventory, fingerprints, mugshot, brief medical screening (3-6 hours typical)
- Holding: You'll typically be held for 12-48 hours before bond is set
- Right to remain silent: Anything you say during booking can be used. Stick to administrative information only.
- Phone call: You're entitled to make a phone call. Calls are recorded; do not discuss the case.
Critical action at this stage: do not talk about the case to anyone. Not police, not other detainees, not family members on jail phones. The "right to remain silent" is the most important right you have, and the cost is zero.
Step 2: Magistration and bond (Day 1-2)
A magistrate judge will read you your rights and set bond. Texas Code of Criminal Procedure art. 15.17 requires this within 48 hours of arrest. Bond options:
- Cash bond: Pay the full amount; refunded at case completion (minus fees)
- Surety bond: Through bondsman; typically pay 10% non-refundable
- Personal recognizance (PR): Released without payment; available for low-risk first offenders
Typical first DWI bond amounts in Texas: $1,000-$5,000 for Class B (under 0.15 BAC); $3,000-$10,000 for Class A (0.15+ BAC).
Bond conditions may include:
- No alcohol or drug use
- Random drug testing
- Ignition interlock device (Code of Criminal Procedure art. 17.441 for Class A or repeat offenders)
- No driving without occupational license
- Travel restrictions
After bond posts, you're released and given a court date.
Step 3: ALR hearing request (Days 1-15)
This is a hard deadline: 15 days from arrest to request an ALR hearing. Missing the deadline = automatic license suspension.
The Administrative License Revocation hearing is a civil proceeding, separate from the criminal case. It determines whether your license will be suspended for 90 days (test failure) or 180 days (refusal). The hearing typically occurs 60-90 days after request.
Two reasons to request the hearing:
- You might win — the state has to prove the basics (lawful stop, probable cause, proper test request, refusal or BAC over 0.08). If they fail on any element, suspension is set aside.
- Even if you lose, the hearing is a discovery opportunity — defense counsel can examine the officer under oath about the stop, often producing useful information for the criminal case.
The ALR hearing should be a defense priority regardless of how strong the criminal case looks.
Step 4: First court setting (Day 30-60)
The first court date is usually 30-60 days after arrest. This is an "announcement" — nothing substantive happens, but the prosecutor and defense begin engaging on the case.
What typically happens:
- Defense attorney files notice of representation
- Prosecutor reviews the file
- Defense attorney requests discovery (police reports, body cam, BAC records)
- Initial plea offer may be communicated (usually rejected; first offers rarely good)
By this point, defense counsel should have:
- Reviewed body-cam footage
- Pulled BAC test records and machine maintenance documentation
- Analyzed suppression theories
- Begun building defense package for prosecutor
- Filed ALR hearing request and prepared for that hearing
Step 5: Pretrial proceedings (Months 2-9)
The bulk of the case happens here. Multiple court settings, motion practice, discovery exchanges, plea negotiations:
- Discovery: Police reports, body-cam, BAC test records, breath machine maintenance, lab certifications
- Motion to suppress: If suppression theories are viable, defense files motion. Hearing typically 4-8 weeks out.
- Plea negotiations: Ongoing throughout. Offers often improve as defense develops case
- Defense package: Defense counsel submits formal mitigation package to prosecutor (employment letter, treatment records, suppression analysis)
- ALR hearing: Civil hearing on license suspension
Most cases resolve during pretrial — either through plea, dismissal after suppression, or pretrial diversion. Trial is the exception, not the rule.
Step 6: Plea or trial (Month 6-12)
By the case's natural end, one of three outcomes occurs:
Dismissal. Through suppression motion, prosecutor declination, or pretrial diversion completion. The case ends; expunction may be available immediately.
Plea. Defendant accepts a negotiated outcome — deferred adjudication, reduction to non-DWI offense, or standard probation. The plea is entered at a hearing; conditions are imposed; the case shifts to the probation phase.
Trial. If no acceptable plea is offered, the case goes to trial before a jury (typically 6 jurors for misdemeanor) or judge (bench trial). Trial preparation takes weeks; trial itself takes 1-3 days. Verdict is acquittal, conviction, or hung jury.
Most first-DWI cases plead. Trial happens in 5-15% of cases, typically those with strong defense facts or unreasonable prosecutor offers.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How long does the entire DWI process take?
6-12 months for typical first-DWI cases from arrest to plea. Faster cases (3-4 months) sometimes occur in straightforward pleas. Slower cases (12-24 months) involve trial, contested suppression motions, or court-calendar delays. Most cases land in the 6-9 month range.
Will I have to go to court multiple times?
Yes. First DWI cases typically require 4-8 court appearances over the case lifetime. Most are brief "announcements" where the case is set further out. Substantial appearances include the suppression hearing (if filed), trial (if held), and plea hearing. Many appearances can be waived if defense counsel appears alone, but the defendant must be present for plea and trial.
Can I drive during the case?
Sometimes, through an occupational driver's license (Transportation Code Chapter 521 Subchapter L). Application requires court hearing, SR-22 insurance, and may require ignition interlock. Defense attorneys typically secure occupational license within 60-90 days of arrest. Driving without occupational license while suspended is a separate offense.
What if I get arrested for DWI again before the first case resolves?
Severe consequences. A second arrest while the first case is pending typically results in: bond revocation on the first case, much higher bond on the second, additional charges (if BAC was high or accident occurred), and substantially worse plea offers. Pre-trial conduct affects post-trial outcome.
Can I move out of state during the DWI case?
Possibly, with court approval. Bond conditions typically include travel restrictions; relocating requires court permission and often modification of bond conditions. Out-of-state defendants may need to retain Texas counsel and travel for court appearances. The case must resolve before relocation is fully unrestricted.
