If you or a loved one has been arrested for drinking and driving in Texas, you’re probably hearing terms like DWI, DUI, ALR hearing, and occupational drivers license being thrown around a lot.
All of these terms are confusing, and handling the situation correctly requires quick action. You must act quickly to protect your driver’s license and your future.
At Austin Hagee Law Firm, we help people understand and navigate DWI and DUI cases every day. We have more than 20 years of combined Texas criminal defense experience. The sooner you understand what you’re facing and consult with a knowledgeable attorney, the better your chances of protecting your record, your license, and your future. Contact us today by calling us at 726-223-6041 for a free consultation.
DWI and DUI are different charges in Texas: DWI generally applies to adults, while DUI applies to minors under 21 with any detectable amount of alcohol.
A DWI arrest creates two separate issues: the criminal case and the civil ALR license suspension process.
You must act quickly after a DWI arrest because the deadline to request an ALR hearing can arrive within days.
Deferred adjudication and pretrial diversion may help avoid a permanent conviction, but not every DWI or DUI case qualifies.
Early legal defense matters because DWI cases often involve technical issues such as traffic stops, field sobriety tests, breath testing, blood testing, and license deadlines.
What Is the Difference Between DWI and DUI in Texas?
In Texas, DWI and DUI are not the same thing.
A DWI, or Driving While Intoxicated, applies to adults and is found in 49.04 of the Texas Penal Code. You can be charged with a DWI if you are operating a motor vehicle in a public place while intoxicated. Intoxication means either having a blood alcohol concentration (BAC) of 0.08 or higher or not having the normal use of your mental or physical faculties due to alcohol or drug impairment.
A DUI, or Driving Under the Influence, applies to minors under the age of 21 and is found in Texas Alcoholic Beverage Code Section 106.041. Texas has a zero tolerance policy for minors, meaning any detectable amount of alcohol or non-prescribed intoxicant can result in a DUI charge.
Interestingly, a minor can be charged with a DWI instead of a DUI, if their BAC is above the 0.08 BAC threshold or they appear to have lost the use of their mental or physical faculties.
If you are over 21 years of age, and you are arrested after drinking in Texas, you will be facing a DWI and not a DUI. DUIs are only for individuals under 21 years of age with any detectable amount of alcohol in their system, but less than 0.08 BAC.
DWI Penalties in Texas
A first-offense DWI in Texas is a Class B misdemeanor with a maximum sentence of up to 180 days in jail. Texas courts can grant deferred adjudication on a first DWI only.
Texas law recognizes two aggravating factors that increase your exposure to harsher penalties:
- Open container in the vehicle at the time of arrest — carries a six-day minimum jail sentence, with 180 days maximum.
- BAC of 0.15% or greater — bumps the offense up to a Class A misdemeanor with a penalty of 30 days to one year in jail.
Subsequent convictions expose you to greater penalties. A second DWI conviction is a Class A misdemeanor. A third or subsequent DWI charge is a third-degree felony, carrying a potential sentence of 2 to 10 years in the Texas Department of Criminal Justice.
DUI Penalties for Minors in Texas
DUI penalties for minors vary depending on the minor’s age and whether they have prior DUI convictions.
On a first-offense DUI, Texas DPS will most likely administratively suspend the minor’s driver’s license for 60 days.
If the minor is under 17, the court treats a first-offense DUI as a Class C misdemeanor. The penalty includes:
- A $500 fine
- 20 to 40 hours of community service
- License suspension from 60 to 180 days
- Mandatory Alcohol Awareness Course attendance — for both the minor and a parent
A minor between the ages of 17 and 21 faces the same amount of jail time as an adult: between 72 hours and 180 days in jail.
What Happens After a DWI Arrest?
A DWI case is not just one case. It is actually two separate legal processes happening at the same time.
The primary legal case most Texas residents think of is the criminal case. The criminal case determines a person’s guilt or innocence in a criminal court.
The second legal case is a civil administrative case being brought by the Texas Department of Public Safety (DPS) against the person’s drivers license. The civil license suspension case known as the ALR hearing, will determine whether or not DPS should suspend the accused person’s drivers license, and for what period of time.
Most people focus on the criminal case and do not realize they are on a very short clock to protect their driver’s license. The clock starts as soon as the person receives notice that a suspension is being brought by DPS, usually at the time of the arrest.
What Is an ALR Hearing and Why Is It Urgent?
ALR Hearing stands for Administrative License Revocation Hearing. It is a civil administrative hearing brought by DPS after a DWI accusation against a Texas driver.
After a DWI arrest, Texas DPS can suspend a person’s drivers license through this separate administrative process. Unfortunately, even if you win your criminal case, DPS can still suspend your license for a statutorily allowed period of time.
You only have 15 days from the date of your arrest to request an ALR hearing. Unless you submitted a voluntary blood sample, then you have 20 days from the date your sample is shown to be above the legal 0.08 BAC limit.
If you do not request an ALR hearing in time, your license will automatically be suspended.
This is one of the biggest mistakes people make. They wait too long to hire a lawyer and lose their ability to fight the license suspension before they even get to court.
The ALR hearing is also an opportunity to build your defense. It allows your attorney to:
- Question the arresting officer under oath
- Examine the evidence and police report early
- Identify weaknesses in the State’s case
This can directly impact your criminal case later on. This is especially true when your attorney successfully challenges part of the officer’s investigation or the way the case was handled. A seasoned attorney can leverage success in your ALR to your advantage in your criminal case.
Timing here matters. Waiting can cost you your license and valuable defense opportunities.
What Is an Occupational Driver’s License?
If your license is suspended, you may still be able to drive legally through something called an occupational driver’s license.
An occupational license allows you to:
- Drive to work
- Drive to school
- Handle essential household duties & necessities
Without it, many people are unable to legally drive at all during their suspension period.
At Austin Hagee Law Firm, we handle occupational licenses all the time. If you end up needing one for your case, we got you covered.
We know exactly how to get them done efficiently and correctly. Without proper guidance, this process can be confusing, delayed, or denied.
For many of our clients, this is the difference between being able to function in daily life and being completely stuck. We also assist individuals with ODLs that are dealing with suspensions that are not DWI or DUI related.
What Is Deferred Adjudication vs. a Conviction?
This is one of the most important distinctions in a DWI case.
A conviction means you are found guilty. It goes on your permanent record and can carry long-term consequences, including fines, jail time, and increased penalties for future charges. A conviction will never be expunged or fall off your record. It is there to stay.
Deferred adjudication is different from a conviction in the final mark on your record. Getting deferred adjudication is a much more desirable outcome for several reasons.
With deferred adjudication:
- You are placed on probation without a conviction attaching to your record
- You are never formally convicted if you successfully complete the terms
- The case will likely be eligible for record sealing later on
- Your drivers license is not automatically suspended because of a DWI conviction
Texas law around DWI deferred adjudication has changed over time, and not every case qualifies.
Understanding whether this is an option for you requires a careful legal analysis. You will want an attorney with experience in defending these types of charges to increase your chance of getting deferred adjudication rather than a conviction.
What Is Pretrial Diversion?
Pretrial diversion (PTD) is one of the best possible outcomes in DWI or DUI cases.
It is a program that allows you to complete specific conditions in exchange for having your case fully dismissed. PTD is only available in strong defense cases and in certain counties.
If PTD is successfully completed, you may:
- Avoid a conviction entirely
- Qualify for an expunction
- Move forward with a clean record
Not everyone qualifies, and opportunities to resolve a case by PTD are often negotiated early in a case. Having the right attorney from the beginning can make the difference in whether this option is even on the table for you.
Why Hiring the Right Attorney Immediately Matters
DWI cases are highly technical.
They involve:
- Traffic stops
- Standardized Field Sobriety Tests
- Breath or blood toxicology testing
- Strict legal procedures and caselaw
Every step presents an opportunity to challenge the State’s case. But those opportunities can be lost if action is not taken early and properly.
Waiting too long can mean:
- Losing your ALR hearing rights
- Missing key evidence
- Limiting your defense options
This is not the type of case where you want to take a wait and see approach.
Court-Appointed Lawyer vs. Hiring Your Own Legal Defense Team
You may qualify for a court-appointed attorney. However, court-appointed attorneys often have extremely high caseloads, which limits the amount of time they can dedicate to each case. The cheaper option may end up being very costly for your future.
When you hire a private firm like Austin Hagee Law Firm, you are getting:
- A proactive defense strategy custom-tailored to your situation with more than 20 years of legal experience on your side
- A legal team, led by a former felony prosecutor, working aggressively on your case
- Consistent communication and updates
- Focused and skilled attention pushing your case to the best possible outcome with the time and energy to make it happen
This level of attention your case receives can make a meaningful difference in how your case is resolved. That’s the reason more than 90% of DWI and DUI cases at the Austin Hagee Law Firm are dismissed, acquitted, or receive deferred adjudication.
Why Austin Hagee Law Firm Is Different
At Austin Hagee Law Firm, we are not just another criminal defense firm. We are an elite, curated team of criminal defense specialists.
We approach every case with precision. We do not take a one-size-fits-all approach. We use a scalpel, not a jackhammer when approaching cases.
Large firms often focus on volume. Their mindset is to move cases quickly. Our focus is different. We focus on results, communication, teamwork and on our client’s desired outcome.
Austin Hagee and his team bring a balance that clients immediately can place their trust in. He is honest. He is present. He is aggressive when it matters and thoughtful when it counts. He has more than a decade of experience in criminal law, both as a prosecutor and criminal defense lawyer, and has received accolades for being a SuperLawyer, Top 100 National Trial Lawyer, being in the Top 40 under 40, and for being recognized as one of the best criminal defense lawyers in San Antonio by Forbes magazine. He has also won acquittals and dismissals for many DWI and DUI cases, and this experience better informs him to assist clients today.
Our clients trust our firm not just to be their legal team, but as advocates guiding them through a difficult moment in their life. This is because we are a mission-driven firm that puts clients first.
Reputation Matters in the Courtroom
Over time, our firm has developed a reputation for being prepared, detail-oriented, and willing to challenge the State’s case. We know when to plea and take cases to trial and we are talented at both.
When a case is handled by a firm known for thorough defense work, it often receives closer scrutiny from the beginning from the DA’s Office. Prosecutors know when an aggressive defense firm will challenge a weak case hard, and this can heavily influence case outcomes. This is primarily because prosecutors have limited resources to try cases, and they don’t want to spend too much time on a case that could have a strong chance of not resulting in a conviction for their office.
That means the evidence, the procedures, and the strength of the case are more carefully evaluated before decisions are made about how to proceed.
Your Best Chance at Getting Your Case Dismissed
Our goal in every case is simple. Put you in the best possible position for a dismissal or the strongest outcome available.
We handle DWI and DUI cases every day.
We handle ALR hearings every day.
We handle occupational licenses every day.
We know what works, what to look for, and how to build a defense that gives you the best chance moving forward. While we cannot make a guarantee of success in every case, we can state that our firm has had a lot of success in DWI cases, and we would love to work alongside you towards a successful outcome.
Frequently Asked Questions: DWI and DUI in Texas
What is the difference between a DWI and a DUI in Texas?
In Texas, a DWI (Driving While Intoxicated) applies to adults and is found in Section 49.04 of the Texas Penal Code. A DUI (Driving Under the Influence) applies only to minors under 21 and is found in Section 106.041 of the Texas Alcoholic Beverage Code. The key difference is age — DUIs are charged against minors under 21 with any detectable alcohol in their system, while DWIs apply to adults (and minors with a BAC of 0.08 or higher).
What is the legal BAC limit in Texas?
Texas’s legal limit is a BAC of 0.08% for adult drivers. Driving with a BAC of 0.15% or higher is an aggravating factor that bumps a DWI up from a Class B to a Class A misdemeanor. For drivers under 21, Texas applies a zero-tolerance rule — any detectable alcohol can result in a DUI.
How long do I have to request an ALR hearing in Texas?
You have 15 days from the date of your arrest to request an ALR hearing. If you submitted a voluntary blood sample, you have 20 days from the date your sample is confirmed to be above the legal 0.08 BAC limit. Missing this deadline means your license will be automatically suspended.
Can a DWI be reduced to a lesser charge in Texas?
Yes, in some cases. Depending on the strength of the evidence, the facts of the stop and arrest, and the county, a DWI may be reduced through pretrial diversion, plea negotiation, or deferred adjudication on a first offense. An experienced attorney can review the evidence and identify whether reduction is realistic in your case.
Can a minor be charged with a DWI instead of a DUI in Texas?
Yes. A minor can be charged with a DWI if their BAC is 0.08 or higher, or if they appear to have lost the normal use of their mental or physical faculties. Otherwise, a minor with any detectable amount of alcohol below 0.08 is charged with a DUI under the Alcoholic Beverage Code.
Will a DWI conviction stay on my record forever?
A DWI conviction in Texas is permanent and cannot be expunged. Deferred adjudication and pretrial diversion, on the other hand, may allow the case to be sealed or expunged later — which is why the outcome you reach matters so much.
Do I need a lawyer for a DWI in Texas?
DWI cases involve traffic stop legality, field sobriety testing, breath and blood toxicology, and strict ALR deadlines — every step is an opportunity to challenge the State’s case, but only if it’s handled quickly and correctly. A private attorney has the time, focus, and case-specific experience to identify those opportunities before they’re lost.
Do Not Wait
If you have been arrested for DWI or DUI, time is not on your side.
You may only have days to protect your license.
You may already be losing opportunities to strengthen your defense.
The sooner you act, the more options you have.
Call Austin Hagee Law Firm Today
If you are facing a DWI or DUI in Texas, you do not have to go through it alone.
Call Austin Hagee Law Firm today at 726-223-6041 for a free consultation or reach out through our website.
Helping good people through hard times with the goal of restoring families.
Where You Can Find Our San Antonio, Texas Office
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
Loading...