DWI in Texas: 5 Things Your Attorney Wants You to Know
A DWI arrest in Texas is not the end of the road — but what you do next matters enormously. After nearly three decades of defending DWI cases across East Texas and in federal courts, here are five things I wish every client knew before they called me.
1. The 15-Day Rule Can Save Your License Most people don't know this: when you are arrested for DWI in Texas, you have exactly 15 days to request an Administrative License Revocation (ALR) hearing. Miss that deadline and your license is automatically suspended — no hearing, no second chance. Call an attorney the same day you are arrested. This deadline waits for no one.
2. A High BAC Does Not Mean a Guaranteed Conviction A breathalyzer result above 0.08% is evidence — it is not a verdict. Breathalyzer machines must be properly calibrated and maintained. The officer administering the test must be certified. The device must have been functioning correctly on the day of your arrest. Any gap in that chain can render the result inadmissible. I have won DWI cases with BAC readings well above the legal limit.
3. Field Sobriety Tests Are Not as Scientific as They Sound The Standardized Field Sobriety Tests — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — were designed under controlled laboratory conditions. Your roadside was not a laboratory. Uneven pavement, poor lighting, medical conditions, fatigue, and anxiety all affect performance. I have trained in the same protocols officers use to administer these tests. I know exactly where they fail — and I use that knowledge in every DWI defense.
4. Refusing the Breath Test Has Consequences — But So Does Taking It Texas's implied consent law means that refusing a breath or blood test triggers an automatic license suspension. But refusing also deprives the state of its most powerful piece of evidence. There is no universally right answer — the consequences cut both ways. What matters is having an attorney who understands both paths and can build the strongest possible defense from where you are.
5. Your First DWI Can Follow You Forever A first-offense DWI in Texas is a Class B misdemeanor — and it is permanent. Unlike some other offenses, a DWI conviction in Texas cannot be expunged or sealed, even with deferred adjudication. It will appear on background checks, affect professional licensing, and follow you for the rest of your life. Fight it like your future depends on it — because it does.
Carlo D'Angelo is a criminal defense attorney in Tyler, Texas with 28 years of experience defending DWI cases across East Texas and in federal courts nationwide. Call (903) 595-6776 for a free, confidential consultation.