Arrested for DWI in Dallas County? Your First 15 Days
A DWI arrest is frightening, and the hours afterward are a blur of paperwork, a jail cell and a lot of questions. What most people don't realize is that a Texas DWI arrest starts two separate cases at the same time, and one of them has a deadline that arrives fast. Here is what happens in the first 15 days, and what you can do to protect yourself.
Two cases, not one
The criminal case is the DWI charge itself, prosecuted by the Dallas County District Attorney's Office. It moves slowly, often over months.
The license case is handled separately by the Texas Department of Public Safety (DPS) through the Administrative License Revocation (ALR) program. If you refused a breath or blood test, or if your test came back at or over 0.08, DPS will move to suspend your driver's license, even before you've been convicted of anything.
The two cases have different rules, different deadlines and different judges. Winning one doesn't automatically win the other, which is why both need attention right away.
The 15-day deadline
When you're arrested, the officer usually takes your Texas driver's license and gives you a Notice of Suspension, which also serves as a temporary driving permit. From the day you receive that notice, you generally have 15 days to request an ALR hearing.
If no one requests the hearing in time, the suspension usually takes effect automatically about 40 days after the notice. For a first offense, that's typically:
90 days if you failed a breath or blood test
180 days if you refused testing
Requesting the hearing keeps your license in place until the hearing is held. It also gives your attorney a chance to question the arresting officer under oath, often the first look at how the State will try to prove its case.
What to do right now
Find your paperwork. Look for the Notice of Suspension, your bond paperwork and any citation. Note the date you were arrested.
Count 15 days from the date on the notice. Put it on your calendar.
Don't talk about the arrest with anyone except your lawyer: not on social media, not by text, not with the officer if they call.
Follow your bond conditions exactly. In Dallas County, a DWI bond may require an ignition interlock device, alcohol monitoring or regular check-ins. Violating bond conditions can land you back in jail.
Write down what you remember while it's fresh: where you were stopped, what the officer said, which tests you were asked to take, and how long everything took.
Talk to a criminal defense attorney before the 15 days run out.
What happens in the criminal case
Most Dallas County DWI cases are heard in the county criminal courts at the Frank Crowley Courts Building. A first-offense DWI is usually a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. If your blood alcohol concentration was 0.15 or higher, it becomes a Class A misdemeanor, with up to a year in jail and a $4,000 fine.
Those are maximums, not predictions. Every case is different. A good defense starts with the details:
Was the stop legal? Police need reasonable suspicion to pull you over.
Were the field sobriety tests given correctly? Many are sensitive to weather, footwear, medical conditions and the officer's instructions.
Were the breath or blood results handled properly? Machine maintenance, operator certification and lab procedures all matter.
What does the video show? Dash-cam and body-cam footage often tells a different story than the police report.
Depending on the facts, options can include dismissal, reduction to a lesser charge, or a pretrial diversion program for eligible first-time offenders.
Can I still drive to work?
If your license is suspended, you may be able to get an occupational driver's license that lets you drive for work, school and essential household duties. It usually comes with conditions such as limited hours and an ignition interlock. We can help you apply.
Commercial drivers: extra risk
If you hold a CDL, a DWI arrest can put your commercial driving privileges at risk even if you were in your personal vehicle. The rules for commercial drivers are stricter, so talk with an attorney immediately.
How McCray Stewart & Associates can help
Kristian McCray Stewart spent more than five years as a public defender and served as a Staff Judge Advocate in the U.S. Air Force. She knows how DWI cases are built and where they fall short. We request your ALR hearing, gather the video and test records, and give you a clear plan for both cases.
Arrested for DWI? Don't let the 15-day deadline pass. Book a consultation or call (469) 207-1534. The first 15 minutes are free, and criminal defense cases are handled for a flat fee with payment plans available.
Learn more about our Dallas criminal defense practice.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
