A DWI in Texas means operating a motor vehicle in public with a blood alcohol concentration of 0.08% BAC or higher, under Texas Penal Code §49.04. Convictions are permanent and cannot be expunged. Penalties run from 72 hours in jail and a $2,000 fine for a first offense to 2 to 10 years in prison for a third-offense felony. Attorney Jorge Vela is a former federal and Travis County prosecutor who defends Austin DWI cases. You have 15 days from arrest to request an ALR hearing or your license is automatically suspended. Call (512) 537-1237. (In Texas, DWI is the adult charge; DUI applies only to drivers under 21.)
What Happens After a DWI Arrest in Austin, Texas?
A DWI arrest in Austin starts two separate proceedings at once. The criminal case moves through Travis County Court at Law, and the civil license-suspension case moves through the Texas Department of Public Safety.
The 15-day ALR deadline runs from the moment of arrest, and the choices you make in the next 48 hours carry as much weight as the arrest itself.
What is the 15-day ALR deadline after a DWI arrest in Texas?
You have 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. The clock starts when the officer hands you the DIC-25 notice, which serves as your temporary permit and as written suspension notice.
If you miss the deadline, suspension takes effect automatically on day 40 with no hearing available. Texas Transportation Code §724.032 is the statutory basis, and the request must be in writing.
What happens at the Travis County jail after a DWI?
After a DWI arrest in Austin, you are booked into the Travis County Jail in downtown Austin, Texas. You are transferred to Travis County Correctional Complex in Del Valle if you do not bond out within 48 hours. Booking covers fingerprinting, photographing, and magistrate before a judge who sets bond.
Most first-offense defendants are released within 24 hours, though wait times can stretch based on BAC level and any holds. Your arraignment in Travis County Court at Law typically follows within a few weeks of release.
Is a DWI case in Austin handled separately from my driver’s license suspension?
Yes. The two proceedings run on different timelines, under different rules, and with different burdens of proof.
The civil ALR hearing is administered by TxDPS and applies a civil standard of proof. The criminal case is prosecuted by the Travis County District Attorney’s Office and requires proof beyond a reasonable doubt.
The ALR hearing carries strategic value too: officer testimony can be locked in and used at the criminal trial.
Why Choose Jorge Vela as Your Austin DWI Defense Attorney?
Jorge Vela is the right Austin DWI defense attorney because he brings the perspective of a former federal and Travis County prosecutor to every case. Choosing a defense lawyer in the first 24 to 48 hours after a DWI arrest may be the most consequential decision you make.
- Education: Vanderbilt University (2006); University of Texas School of Law, J.D. (2011)
- Former Assistant U.S. Attorney, U.S. Department of Justice, Southern District of Texas
- Former state felony prosecutor, 49th District Court of Webb County (intoxicated manslaughter cases)
- Former Assistant District Attorney, Travis County District Attorney’s Office
- Founder of the Law Office of Jorge Vela (2018); hundreds of misdemeanor and felony DWI cases handled
- Available 24 hours a day, 7 days a week, including weekends and holidays
- Justia 10.0 rating, Avvo recognition, 5-star Google reviews
- Featured on Fox News, Scripps News, Sirius XM, NBC DFW5, KCBS Radio, WBZ News Radio
What does a former prosecutor know that other DWI lawyers don’t?
A former prosecutor knows how the state builds a DWI file before it ever reaches the defense. That includes which witnesses prosecutors lean on, which evidence they quietly discount, and which arguments push a case toward reduction or dismissal.
Jorge applies that perspective from the ALR hearing through plea negotiations with the Travis County DA’s Office. The insider lens shapes every defense decision.
Is Jorge Vela experienced enough to handle my DWI case in Austin?
Yes. Jorge spent his entire legal career on serious criminal cases as a prosecutor before becoming a defense attorney in 2018.
As an Assistant United States Attorney, he tried federal cases to verdict, including a life sentence against the head of a Laredo drug trafficking organization. As a state felony prosecutor in Webb County, he handled intoxication manslaughter and violent felonies.
Since founding the Law Office of Jorge Vela, he has secured dismissals in hundreds of DWI cases throughout Central Texas.
DWI Penalties in Texas: What You Are Facing
Texas treats DWI more harshly than most states. Penalties escalate sharply across offense levels, every prior conviction enhances future arrests with no lookback period, and every Texas DWI conviction is permanent.
Whether you are facing a first-time DWI in Texas or something more serious, the framework below shows what each level carries.
Offense Level | Classification | Penalties |
First Offense DWI | Class B misdemeanor | 72 hours to 180 days in county jail; fine up to $2,000; license suspension 90 days to 1 year |
First Offense BAC ≥0.15 | Class A misdemeanor | Up to 1 year in county jail; fine up to $4,000; license suspension up to 2 years |
First Offense with Open Container | Class B misdemeanor (enhanced) | Minimum 6 days in county jail; fine up to $2,000; license suspension applies |
Second Offense DWI | Class A misdemeanor | 30 days to 1 year in county jail; fine up to $4,000; license suspension up to 2 years |
Third Offense DWI | Third-degree felony | 2 to 10 years in the Texas Department of Criminal Justice; fine up to $10,000; license suspension up to 2 years |
DWI with Child Passenger | State jail felony | 180 days to 2 years in state jail; fine up to $10,000; license suspension applies |
A conviction enhances every future DWI arrest with no lookback period, which is why fighting the charge from day one is essential.
Can a DWI be expunged in Texas?
Yes; however, your right to have the case expunged depends on the outcome of your criminal case. In order to have your case expunged, you first have to have your criminal charges dismissed. Once you have your DWI charge dismissed, you are entitled to an expunction, which means all records of your arrest and court filings will be removed from government databases.
It is important to note that Texas DWI convictions cannot be expunged under Texas Code of Criminal Procedure Chapter 55. Expunction is only available if the case ends in dismissal, acquittal, or no-bill by a grand jury.
An order of nondisclosure is available for some first-offense convictions, but only with a BAC below 0.15, no accident, and completed probation.
First DWI vs. Second DWI Offense in Texas
A first DWI offense is a Class B misdemeanor, while a second DWI offense in Austin is charged as a Class A misdemeanor. Jail exposure rises from 72 hours to 180 days on a first offense to 30 days to 1 year on a second.
The second offense carries a mandatory 30-day minimum, and fines roughly double. Because Texas has no lookback period, the first conviction remains a permanent enhancement.
Does a DWI become a felony in Texas?
Yes. Two pathways elevate a Texas DWI to a felony: a third-offense DWI under Texas Penal Code §49.04, and a first-offense DWI with a child passenger under §49.045.
A third-offense DWI is a third-degree felony carrying 2 to 10 years in prison. Intoxication assault and intoxication manslaughter are separate felony elevations addressed on the third DWI felony charge in Texas page.
How Jorge Vela Defends Austin DWI Cases
A DWI case is a stack of evidentiary layers, each of which can be challenged independently. The defense breaks the case into its parts (the traffic stop, field sobriety tests, breath and blood evidence) and tests every link for weakness.
Was my traffic stop legally valid?
The Fourth Amendment requires reasonable articulable suspicion to support a traffic stop. If the stop was not legally justified, all evidence collected afterward, including the breath or blood result, may be suppressed.
Austin officers run a high volume of late-night DWI stops along the I-35 corridor, MoPac Expressway, 6th Street entertainment district, and Lamar Blvd. Jorge knows from his Travis County DA’s Office experience which stop justifications survive a motion to suppress. A successful motion can result in a dismissal of the case before trial.
Can a DWI breathalyzer result be challenged in Texas?
Yes. Breath and blood test results are challengeable on multiple grounds.
The Intoxilyzer 9000 is the breath testing device used in Travis County. It requires specific calibration, current maintenance logs, and a certified operator.
Blood samples have chain-of-custody requirements at every transfer, with lab handling subject to oversight by the Texas Forensic Science Commission. A rising BAC defense applies when alcohol was still being absorbed at the time of testing, so the BAC at the wheel may have been lower than the station reading.
What are standardized field sobriety tests and can they be wrong?
Standardized field sobriety tests are the three NHTSA-developed roadside tests: the horizontal gaze nystagmus (HGN) test, the walk-and-turn, and the one-leg-stand. Officers must be NHTSA-certified, and any deviation from protocol can undermine the result.
Non-alcohol factors routinely affect performance: medical conditions, fatigue, prescription medications, footwear, and uneven road surfaces. Austin presents specific environmental issues that show up at trial.
The cracked pavement on parts of 6th Street, the shoulder noise on I-35, and the uneven curbside surfaces near MoPac all influence test performance independently of alcohol. Jorge cross-examines officers on protocol deviations using dashcam and bodycam video.
DWI Consequences Beyond the Courtroom in Austin
The criminal sentence is only part of what a Texas DWI conviction costs. Total financial cost typically lands between $7,000 and $25,000.
Court costs, attorney fees, SR-22 insurance surcharges, ignition interlock fees, DPS surcharges under the Driver Responsibility Program (verify current status), probation fees, and mandatory alcohol education all add up.
The Texas Department of Public Safety oversees most of the licensing and surcharge side. The collateral consequences reach further than most defendants anticipate going in.
Can a DWI affect my immigration status in Texas?
A conviction for misdemeanor DWI can affect certain non-citizens severely. For example, a DACA recipient can lose their DACA status if they are convicted of DWI.
It is also important to note that, for non-citizens, a simple arrest (without a conviction) for DWI can trigger an immigration detainer (ICE hold) while they are in county Jail. An ICE detainer is placed by Department of Homeland Security officials. Once an ICE hold is placed, it becomes nearly impossible to bond the non-citizen out of county jail. An ICE detainer triggers removal proceedings which means the non-citizen will be transferred to ICE custody once they are released from county jail.
Once in ICE custody (removal proceedings) the non-citizen may be denied bond and eventually deported. A simple arrest (before conviction) can also lead to the cancellation of travel, work, and student visas.
A simple misdemeanor is treated differently than a felony DWI, and aggravators like a child passenger, intoxication assault, or intoxication manslaughter can convert the conviction into a deportable aggravated felony.
The Law Office of Jorge Vela handles both the DWI defense and the immigration consequences directly through our criminal immigration defense in Texas practice.
Will I lose my CDL if convicted of DWI in Texas?
Yes. FMCSA regulations require a 1-year disqualification of your commercial driver’s license on a first DWI conviction. A second conviction triggers lifetime CDL disqualification.
The rule catches most CDL holders off guard: disqualification applies whether you were operating a commercial vehicle at the time of arrest or not. A DWI in your personal vehicle on a Saturday disqualifies your CDL the same as a DWI in a tractor-trailer on the job.
How long does SR-22 last after a DWI in Texas?
You will typically be required to carry an SR-22 certificate of financial responsibility for 2 years from the date of conviction or license reinstatement. The Texas Department of Public Safety requires the SR-22 filing as a condition of reinstatement.
Insurance premiums almost always rise substantially during the SR-22 period. Any lapse triggers an immediate license suspension, so policy continuity through the 2-year window is something to watch.
Several other consequences operate in the background. An ignition interlock device (IID) is often required as a condition of bond, probation, or an occupational driver’s license (ODL), which permits limited driving for work, school, and medical appointments.
Texas License to Carry (LTC) eligibility can be affected, and travel to Canada becomes complicated for years after the case ends.
Call Jorge Vela: Austin’s DWI Defense Lawyer Ready to Fight Your Case
Attorney Jorge Vela is a former federal prosecutor and former Travis County Assistant District Attorney who defends DWI cases throughout Austin and Central Texas.
The 15-day ALR deadline is running from the moment of arrest, and missing it means an automatic license suspension you cannot challenge later. As an Austin criminal defense attorney and your Travis County DWI lawyer, Jorge brings both the prosecutor’s perspective and trial-tested defense experience to every case.
Our office is at 818A W 10th St, Austin, TX 78701, a few blocks from the Travis County Courthouse where most Austin DWI cases are heard. Call (512) 537-1237 any time, day or night, including weekends and holidays.
We serve clients across Austin, Travis County, Williamson County, Hays County, Bastrop County, Georgetown, Pflugerville, San Marcos, and surrounding Central Texas communities.