Getting arrested for a DWI in Texas can be overwhelming. You may be worried about your driver’s license, court dates, fines, insurance, employment, and what you need to do to move forward.
The good news is that understanding the process can make it easier to know what to expect and what steps you may need to take.
This guide explains what generally happens after a DWI arrest in Texas, from the initial arrest through court requirements and DWI education.
Important: Every DWI case is different. The information in this article is for general educational purposes and is not legal advice. Your specific requirements depend on the facts of your case, your criminal history, your driving record, and the orders of the court. If you have questions about your legal case, speak with a qualified Texas DWI attorney.
1. The DWI Arrest
The process typically begins with an arrest for Driving While Intoxicated.
After an arrest, you may receive paperwork relating to both your criminal case and your driver’s license. These are important because a DWI can involve two separate processes:
- The criminal DWI case handled through the court
- An administrative driver’s license matter handled by the Texas Department of Public Safety (DPS)
These two processes are not necessarily dependent on each other.
For example, the Texas DPS Administrative License Revocation (ALR) program is a civil administrative process that is separate from the criminal DWI court case.
2. Pay Attention to Your Driver’s License
One of the most important things to understand after a DWI arrest is that your driver’s license may be affected before your criminal case is resolved.
Texas has an Administrative License Revocation, or ALR, process involving certain breath or blood test refusals or failures.
If you receive an ALR suspension notice, you generally have 15 days after being served with the notice to request an ALR hearing in circumstances covered by that deadline. If you do not request a hearing within the required time, you may lose your opportunity to contest the suspension.
Because these deadlines can be short, don’t ignore paperwork you receive after a DWI arrest.
A DWI conviction can also result in a separate driver’s license suspension. Texas DPS notes that a person can receive a suspension for a DWI conviction as well as a suspension related to a blood or breath test refusal or failure arising from the same arrest.
3. Your Criminal DWI Case Moves Forward
The criminal case is handled through the appropriate Texas court.
The outcome and requirements can vary significantly depending on factors such as:
- Whether this is a first offense or a subsequent offense
- Your prior criminal and driving history
- Your BAC and the circumstances of the arrest
- Whether there were aggravating circumstances
- Whether anyone was injured
- Whether a child passenger was involved
- Whether you have a commercial driver’s license
- The terms of any plea agreement or court order
For that reason, it is important not to assume that another person’s DWI requirements will be the same as yours.
4. You May Be Required to Complete a DWI Education Program
One of the requirements that may come after a DWI conviction is completion of an approved DWI education program.
Texas DPS states that for a first offense under probation, a person generally needs to complete a 12-hour DWI education course, unless the requirement is waived by the presiding judge. Repeat offenders may be required to complete a 32-hour DWI Repeat Offender Program.
The exact program you need should be based on your court order and individual circumstances.
The Texas Department of Licensing and Regulation (TDLR) regulates DWI Education and DWI Intervention programs and provides a resource for locating court-ordered programs.
What Is Covered in a DWI Education Program?
A DWI education program is designed to help participants understand the consequences of impaired driving and make safer decisions in the future.
Depending on the program, topics can include:
- Alcohol and drug use
- Impaired driving
- Decision-making
- The consequences of DWI
- Texas laws and requirements
- Personal responsibility
- Strategies for avoiding future impaired-driving situations
The goal isn’t simply to check a box. Education can also provide an opportunity to understand how alcohol and drug use can affect judgment, driving ability, relationships, employment, and other areas of life.
5. Follow Your Court and Probation Requirements
If you receive probation or community supervision, you may have several requirements to complete.
Depending on your case, these could include:
- DWI education
- Counseling or treatment
- Community service
- Alcohol or drug evaluations
- Regular meetings with a supervision officer
- Ignition interlock requirements
- Drug or alcohol testing
- Payment of fines and court costs
- Other conditions ordered by the court
Texas DPS states that a person on probation for a DWI may be required to complete an authorized alcohol education program.
The most important thing is to carefully review your court documents and make sure you understand every requirement and deadline.
6. Complete Required Evaluations or Counseling
Some DWI cases involve more than an education class.
A court may require an assessment or evaluation to determine whether additional services are appropriate. Depending on the circumstances, this can include substance abuse education, counseling, or treatment.
If you are ordered to complete an evaluation, don’t wait until the deadline is approaching.
Completing required services early can give you more time to address any additional recommendations or requirements that may arise.
7. Keep Proof of Completion
Whenever you complete a court-ordered program, keep your documentation.
This can include:
- Enrollment information
- Attendance records
- Completion certificates
- Evaluation paperwork
- Counseling documentation
- Receipts or payment records
- Correspondence with your probation officer or attorney
Texas regulations require approved DWI program providers to report certain completion information and provide certificates as required.
Even when a provider sends documentation directly to the appropriate agency or court, keeping your own copy is a smart practice.
8. Deal With Insurance and License Requirements
A DWI conviction can create additional driver’s license and insurance requirements.
For certain DWI convictions, Texas DPS may require an SR-22 financial responsibility certificate. DPS states that an SR-22 associated with a DWI conviction must generally be maintained for two years from the date of conviction when required.
You may also have reinstatement requirements before your driving privileges can be restored.
Because license requirements can vary depending on the specific enforcement action, check your current eligibility status with Texas DPS rather than assuming your license is valid.
9. Complete Everything by the Required Deadlines
One of the biggest mistakes someone can make after a DWI is ignoring deadlines.
Missing a court, probation, education, evaluation, or driver’s license requirement can create additional problems.
For example, Texas DPS states that when probation includes a required alcohol education program, proof of completion must be submitted within the required timeframe. Failure to provide the required proof can result in additional driver’s license consequences.
Create a simple list of every requirement and its deadline.
If you are unsure whether a requirement has been completed, ask your attorney, probation officer, court, or the appropriate state agency rather than guessing.
10. What If You Were Ordered to Take a DWI Class?
If your court has ordered you to complete a DWI education program, make sure you enroll in a Texas-approved program that satisfies your specific court requirement.
The Texas Department of Licensing and Regulation regulates court-ordered DWI education and intervention programs. TDLR provides information about approved court-ordered education programs and how to find a course.
Before enrolling, verify:
- What type of program your court ordered
- How many hours you are required to complete
- Your completion deadline
- Whether the program is approved for your requirement
- How completion documentation will be provided
Choosing the wrong course can create unnecessary delays, so make sure the program matches your order.
11. What Happens After You Complete the Requirements?
Once you’ve completed the requirements of your case, make sure the appropriate parties receive documentation.
Depending on your circumstances, this may include the:
- Court
- Probation department
- Attorney
- Texas Department of Public Safety
- Other agency identified in your court order
You should also check your driver’s license eligibility and make sure there are no outstanding requirements preventing reinstatement.
Texas DPS provides online resources for checking driver eligibility and determining what is needed to reinstate driving privileges.
A DWI Doesn’t Have to Define Your Future
A DWI can have serious consequences, but taking the process seriously and completing your requirements can help you move forward.
The first step is understanding exactly what your court and driver’s license requirements are.
If you have been ordered to complete a DWI education program, make sure you choose an approved provider and complete the correct program within the deadline.
Need to Complete a DWI Education Program?
Amistad Recovery Services provides education and recovery-related services designed to help individuals complete required programs and take positive steps forward.
If you have been ordered to complete a DWI education program, contact Amistad Recovery Services to learn more about available program options and enrollment.
Frequently Asked Questions
How long is a DWI class in Texas?
For a first offense under probation, Texas DPS states that a 12-hour DWI education course is generally required unless the judge waives the requirement. A repeat offender may be required to complete a 32-hour program.
Can I take a Texas DWI education course online?
Texas DPS states that approved DWI Education and Repeat Offender Education courses may be available online through approved providers. Always verify that the course satisfies your specific court requirement.
Is an ALR suspension the same as a DWI conviction?
No. The ALR process is a civil administrative process that is separate from the criminal DWI case. A person can potentially face both an ALR suspension and consequences associated with a DWI conviction.
How long do I have to request an ALR hearing?
For the applicable ALR notice, Texas DPS states that the hearing request generally must be received within 15 days after the notice is served. Because missing the deadline can affect your ability to contest the suspension, review your paperwork promptly.
Where can I find an approved Texas DWI education program?
The Texas Department of Licensing and Regulation maintains information about court-ordered education programs, including DWI Education and DWI Intervention programs.
Disclaimer: This article is provided for general educational purposes and does not constitute legal advice. Texas DWI laws and individual court requirements can vary, and laws and administrative rules can change. If you have questions about your specific DWI case, driver’s license status, or legal rights, consult a qualified Texas attorney or the appropriate government agency.
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