Texas DUI & Traffic Violations: what to handle first around body-cam timing, booking timeline, and timing

Texas uses the term "Driving While Intoxicated" (DWI) rather than DUI. The distinction matters because Texas's definition of intoxication is broader than a simple BAC measurement — "intoxicated" means either having a BAC of 0.08% or above, or not having the normal use of mental or physical faculties by reason of introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination. Both paths to "intoxicated" exist as alternatives: a driver below 0.08% who demonstrably lost normal mental or physical faculties can still be convicted of DWI.

The ALR Process: 15 Days After Arrest

Texas operates a dual-track DWI system. The criminal case in county court or district court handles punishment. Simultaneously, the Texas Department of Public Safety (DPS) administers the Administrative License Revocation (ALR) program, which proceeds independently of the criminal case. After a DWI arrest involving either a BAC of 0.08% or above or a refusal to provide a specimen, the arresting officer sends a sworn report to DPS and takes the driver's license, providing a temporary driving permit valid for 40 days.

The driver must request an ALR hearing within 15 days of receiving the notice of suspension. This is the single most time-critical deadline after a Texas DWI arrest. Missing the 15-day window means the license suspension takes effect automatically without any hearing — regardless of how strong the criminal defense case is. The ALR hearing is before the State Office of Administrative Hearings (SOAH) and addresses only whether the stop and arrest were lawful and whether the BAC was at or above 0.08% (or whether refusal occurred). Criminal guilt is not at issue in the ALR hearing.

DWI Penalties in Texas

Texas DWI penalties increase with each conviction and with specific aggravating circumstances:

• First DWI (Class B misdemeanor): 3–180 days in county jail, $2,000 fine, license suspension 90 days–1 year
• Second DWI (Class A misdemeanor): 30 days–1 year in county jail, $4,000 fine, license suspension 180 days–2 years
• Third DWI (third-degree felony): 2–10 years prison, $10,000 fine, license suspension 180 days–2 years
• DWI with a child passenger under 15: state jail felony (180 days–2 years)
• Intoxication assault (§ 49.07): second-degree felony (2–20 years) — serious bodily injury to another
• Intoxication manslaughter (§ 49.08): second-degree felony (2–20 years) — death of another person

IID Requirements in Texas

Texas does not automatically require an IID for all first-time DWI convictions — unlike California, which mandated IID statewide for all first convictions starting in 2019. In Texas, IID is required as a condition of bond during the criminal case in most DWI arrests (Tex. Code Crim. Proc. § 17.441), and courts frequently order IID as a condition of community supervision (probation). For a second DWI or for a first DWI with a BAC of 0.15 or higher (Class A misdemeanor enhancement), IID is more consistently ordered. The DPS ALR process separately allows restricted driving licenses with IID.

Open Container and Public Intoxication Laws

Texas Penal Code § 49.031 prohibits open containers of alcohol in the passenger area of a motor vehicle on a public highway. An open container violation in the vehicle during a DWI stop is a Class C misdemeanor but also serves as an additional factor in the DWI investigation and increases the mandatory minimum jail time for a first DWI from 72 hours to 6 days. Public intoxication (§ 49.02) — appearing in a public place while intoxicated to the degree that poses danger to yourself or others — is a separate Class C misdemeanor that does not require vehicle operation and is charged frequently by Texas law enforcement at events, entertainment districts, and festivals.

No Deferred Adjudication for DWI in Texas

Texas law explicitly prohibits deferred adjudication for DWI offenses (Tex. Code Crim. Proc. § 42A.102). Unlike most criminal charges where deferred adjudication can keep a conviction off a person's permanent record, DWI defendants must either go to trial or plead guilty/no contest to a conviction. There is no middle path that avoids a DWI conviction on the record. This makes the "wet reckless" negotiation — a plea to reckless driving in lieu of DWI — particularly valuable in Texas when the prosecutor will agree to it, though prosecutors often resist such plea offers for DWI charges.