What’s at stake
The ordinary DWI charge under section 49.04 is a Class B misdemeanor. A specimen measuring .15 or higher at the time of analysis can raise it to Class A. A passenger younger than 15 creates a separate state jail felony allegation. Ask which subsection the state actually charged and which facts it must prove.
What a Texas court looks at
The defense can compare the officer’s first observation, the time of the stop, the roadside exercises, and the time the sample was taken and analyzed. A discrepancy may support a motion about the stop or a question for the analyst. An administrative law judge separately hears the license case.
What happens next
- Identify the notice, whether the officer served it in person or DPS mailed it, and whether there was a refusal, breath result or later blood result.
- Review the reasons for the stop and arrest against video, officer instructions, roadside conditions and test records. The reason for taking a specimen and how it was handled are separate questions.
- Track the license hearing and the criminal case separately. Counsel can explain possible license issues, evidence motions, a negotiated resolution or trial.
Timing and deadlines
DPS generally gives 15 days from service to request an ALR hearing. For a qualifying blood test after consent, DPS says the request is due within 20 days of the date it mails the suspension notice. Bring the actual notice and envelope promptly.
Costs and payment
Ask if the quote includes the ALR hearing, criminal trial and any expert. Interlock installation and monitoring may cost extra if ordered. DPS lists a $125 ALR reinstatement fee when applicable, plus any other outstanding fees.
How to prepare
- Bring the suspension notice, temporary permit, citation and bond papers.
- Write down the stop location, pavement, weather and instructions you recall.
- Tell counsel if you have a commercial license, a prior suspension or a driving-related bond condition.
How Angel and his team can help
Bring a list of medications taken that day, any condition affecting balance, the receipts or videos you already have and the route you drove. If your job depends on driving, bring your schedule and license type so Angel can discuss practical transportation options with you.
Speak with the officeQuestions and answers
Can I drive until the criminal court date?
The criminal calendar alone cannot tell you. Check the notice, temporary permit, current DPS license status and any bond restrictions with counsel before driving.
What if my breath result was below .08?
Texas also recognizes impairment through loss of normal physical or mental faculties. Counsel can examine what the officer observed, alternative explanations and how the tests were performed.
I agreed to a blood draw but received no letter. When do I ask for a hearing?
For a blood-failure suspension DPS instructs drivers to wait for its suspension notice before submitting the ALR request. Verify the address DPS has, save the envelope, and share any other notice with counsel immediately.
How does a first DWI differ from a repeat allegation?
A first case can change in seriousness with factors such as a high test result, a child passenger or an injury. Qualifying prior convictions can increase the offense level and possible punishment. Bring the judgments from earlier cases so counsel can verify what counts.
What should a commercial driver tell counsel?
Identify the vehicle you drove, your license class, any hazardous-material endorsement and prior license actions. A DWI in a personal vehicle can also affect commercial driving privileges. Have counsel review the potential disqualification before making a plea decision.
Do I need an ignition interlock before trial?
An interlock can be a condition of release. Texas law specifically addresses repeat DWI and certain aggravated circumstances. If an order applies, check which vehicle, the installation date, permitted driving and reporting requirements, even when using a borrowed or work vehicle.
Could my prescription medication matter in a DWI case?
Yes. Texas DWI law covers impairment from drugs or combinations of substances. A valid prescription alone does not resolve whether normal faculties were impaired while driving. Give counsel the exact dose, timing, medical history and any test results.
Does it matter that the stop was near a school?
For an offense on or after September 1, 2025, section 49.04(e) makes DWI in a school crossing zone a state jail felony if the reduced speed limit applied at the time. The location where the vehicle was operated, posted signs and hours matter. Bring the street name and time.
Can a video show why the roadside exercises looked difficult?
Footwear, an uneven shoulder, a prior injury or differences between the directions given and the officer’s report may be visible or audible. Tell counsel what affected you and identify any recording. Counsel can compare those details with the officer’s account.
What if my job or children depend on me driving during a suspension?
Ask whether an occupational license is available for essential trips in a noncommercial vehicle. A court order and required DPS paperwork are part of the process. List the trips, hours and destinations you need, and confirm the effective authorization before driving.
Who decides the license hearing, and what should I bring?
The State Office of Administrative Hearings handles ALR hearings. The notice identifies the action DPS is seeking. Bring it, any temporary driving permit, and confirmation of your hearing request. Ask how the stated basis, such as refusal or a test result, affects the evidence DPS must present.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.