Holiday DWIs: What Happens After a Drunk Driving Arrest in Texas? 

The holidays are a time for celebration, family dinners, office parties, and nights out with friends. But for some Texans, a festive evening can quickly turn into a night behind bars after a DWI arrest. 

Law enforcement agencies across the Brazos Valley increase patrols and sobriety checkpoints during the holidays, which means more arrests and more drivers facing serious legal consequences. If you’re charged with driving while intoxicated (DWI) in Texas, here’s what really happens next and how Spiegelhauer Law can help you protect your rights. 

Step 1: The Arrest 

If an officer suspects you of driving under the influence, they may ask you to perform field sobriety tests or take a breathalyzer. You have the right to refuse, but refusal can trigger an automatic driver’s license suspension under Texas’s implied consent law. 

If the officer believes there’s probable cause, you’ll be arrested on the spot and taken to jail for processing. Your vehicle will likely be towed, and you’ll stay in custody until you post bail or see a magistrate judge. 

Step 2: Your License Is at Risk 

One of the most immediate consequences after a DWI arrest is losing your driver’s license. Even before your criminal case begins, the Texas Department of Public Safety (DPS) can suspend your license through the Administrative License Revocation (ALR) process. 

Here’s what to know: 

• You have 15 days from the date of your arrest to request an ALR hearing. 

• If you miss that deadline, your suspension automatically begins after 40 days. 

• A first-time DWI arrest typically carries a 90-day to 1-year suspension, depending on your blood alcohol content (BAC) and prior offenses. 

An experienced attorney can represent you at the ALR hearing and challenge the suspension, potentially allowing you to keep your driving privileges. 

Step 3: The Criminal Case 

A DWI in Texas is usually a Class B misdemeanor for a first offense, but it can quickly escalate depending on the circumstances: 

• Class B Misdemeanor: BAC between 0.08–0.149; up to 180 days in jail and up to $2,000 in fines. 

• Class A Misdemeanor: BAC of 0.15 or higher; up to one year in jail and up to $4,000 in fines. 

• Felony DWI: Third or subsequent offense, or if the crash caused injury or death. 

Your case will move through arraignment, pretrial hearings, and possibly trial. During this process, your attorney can challenge the evidence, from breath or blood test results to the legality of the traffic stop, and negotiate for reduced penalties or case dismissal when possible. 

Step 4: Potential Consequences 

A DWI conviction can affect far more than your record. You may face: 

• Jail time and fines 

• License suspension or ignition interlock device requirement 

• Mandatory alcohol education programs 

• Probation or community service 

• Increased car insurance premiums 

• A permanent criminal record 

And beyond the legal penalties, a DWI can impact your employment, professional licensing, and reputation. 

Step 5: Defending Against a DWI Charge 

A strong DWI defense starts early. Your attorney may: 

• Examine whether the traffic stop was lawful 

• Challenge the accuracy of field sobriety or chemical tests 

• Review the officer’s body cam footage for inconsistencies 

• Identify procedural errors that could lead to a case dismissal 

Every DWI case is different, and what works in one situation may not in another, which is why individualized defense matters. 

Step 6: Moving Forward 

A DWI arrest over the holidays doesn’t have to define your future. The most important step is to act quickly, the clock starts ticking on your license suspension and case deadlines immediately after the arrest. 

If you or someone you know has been charged with DWI in Bryan, College Station, or anywhere in the Brazos Valley, don’t wait to get help. A knowledgeable defense attorney can guide you through the process, protect your rights, and work to achieve the best possible outcome. 

Contact Spiegelhauer Law today for experienced DWI defense in the Brazos Valley. Whether it’s your first arrest or you’re facing repeat charges, we’ll help you navigate the process and protect your future.