DWI Lawyer in El Paso and San Antonio
Arrested for DWI in Texas? You have 15 days from being served notice to request an Administrative License Revocation (ALR) hearing. Requests after 15 days are denied. The criminal case moves on its own track. Call West Texas Trial Lawyers now: (915) 279-0000 in El Paso, (210) 401-1000 in San Antonio. Calls answered 24/7.
The DA’s office is already working on the case. Our lawyers prosecuted cases for the State of Texas before defending them, and our first goal in every DWI is to get the case dismissed. No lawyer can promise that result. We can tell you exactly where you stand.
What is the 15-day ALR deadline after a Texas DWI arrest?
You must request an ALR hearing within 15 days of being served the notice of suspension, according to the Texas Department of Public Safety. If the notice was mailed after a blood test, the window is 20 days from mailing. The ALR process is about your driver’s license. It is separate from the criminal DWI charge.
How long the suspension lasts depends on what happened at the stop and on your record:
ALR situation
Suspension (no prior alcohol/drug contact in 10 years)
Suspension (with a prior contact in 10 years)
Refused a breath or blood test
180 days
2 years
Took a test and failed
90 days
1 year
Source: Texas DPS Administrative License Revocation program.
The hearing does more than contest the suspension. It can put the arresting officer’s account on the record early. That record can matter later in the criminal case.
Is it DWI or DUI in Texas?
Adults in Texas are charged with DWI, not DUI. In Texas, “DUI” is a separate offense under Alcoholic Beverage Code §106.041 for a driver under 21 with any detectable amount of alcohol. People often search for a “DUI lawyer.” We handle both.
Under Penal Code §49.01(2), “intoxicated” means one of two things. You did not have the normal use of your mental or physical faculties. Or your alcohol concentration was 0.08 or more. The State can try to prove either one. That is why a case can be charged even without a test number.
What are the penalties for DWI in Texas?
A first DWI is a Class B misdemeanor with a minimum of 72 hours in jail (Penal Code §49.04(b)). Penalties rise with a high test result, an open container, prior convictions, a child passenger, or an injury.
Charge
Statute
Level
Punishment range
First DWI
§49.04(b)
Class B misdemeanor
72 hours minimum, up to 180 days jail and/or up to $2,000 fine (§12.22)
First DWI with open container
§49.04(c)
Class B misdemeanor
6 days minimum confinement
DWI with 0.15 or higher
§49.04(d)
Class A misdemeanor
Up to 1 year jail and/or up to $4,000 fine (§12.21)
Second DWI
§49.09(a)
Class A misdemeanor
30 days minimum confinement
Third DWI
§49.09(b)
Third-degree felony
2 to 10 years prison + up to $10,000 fine (§12.34)
DWI with passenger under 15
§49.045
State jail felony
180 days to 2 years state jail + up to $10,000 fine (§12.35)
Intoxication assault
§49.07
Third-degree felony
2 to 10 years prison + up to $10,000 fine (§12.34)
Intoxication manslaughter
§49.08; §49.09(b-2)
Second-degree felony (first degree in some circumstances)
2 to 20 years prison + up to $10,000 fine (§12.33)
Can a blood or breath test be challenged?
Yes. A test result is evidence, not a verdict. Every number comes from a process that can be checked.
Here is what we look at:
- The stop. Did the officer have a lawful reason to pull you over? If not, the evidence that followed may be challenged.
- The request for a test. What were you told, and what did you agree to or refuse?
- Blood draws. Was there a warrant? Who drew the blood, when, and how was it stored and tested?
- Breath tests. What do the maintenance and operation records show for that instrument?
- Timing. How much time passed between driving and the test?
- Video. Do the dash camera, body camera, and jail video match the report?
Under Code of Criminal Procedure art. 39.14, the State must produce offense reports, statements, and other evidence “as soon as practicable” after a timely defense request. We make that request early.
Can a first DWI get deferred adjudication in Texas?
Often, yes. Deferred adjudication is available for a first DWI unless the person held a commercial driver’s license or learner’s permit, or the alcohol concentration was 0.15 or more (Code of Criminal Procedure art. 42A.102(b)(1)).
Deferred adjudication is not the same as a dismissal. And it does not automatically seal your record. Standard nondisclosure under Government Code §411.0725 excludes DWI. A separate DWI-specific route may apply. We explain these trade-offs before you decide anything.
How many DWI-related crashes happen in El Paso and Bexar counties?
In 2025, the most recent full year TxDOT has published, El Paso County recorded 648 DUI-alcohol crashes, with 22 people killed and 44 seriously injured. Bexar County recorded 1,621 DUI-alcohol crashes, with 46 people killed and 99 seriously injured (TxDOT, 2025 DUI crashes by county).
Statewide in 2025, 906 people died in DUI-alcohol crashes, 24.04% of all Texas traffic deaths (TxDOT, 2025 Texas Motor Vehicle Traffic Crash Facts).
These figures are context for DWI enforcement in both counties. They say nothing about your case, which turns on its own evidence.
How do you get a DWI dismissed in Texas?
A DWI is dismissed when the prosecutor decides the case cannot be proven. In Texas, a dismissal is a one-page motion signed by a prosecutor who has reached that conclusion. Our job is to find and show the problems that lead there.
That can mean a stop without a lawful basis, a test that was not handled correctly, or video that does not match the report. It can also mean a motion to suppress evidence. Not every case is dismissed. When dismissal is not realistic, we work toward a reduced charge or prepare for trial.
One El Paso client reported in a Google review that their DUI case was dismissed. See more on our case results page.
As reported by clients in public Google reviews. Every case is different. Past results do not guarantee future outcomes.
Where will my DWI case be heard?
In El Paso, DWI cases are prosecuted by the 34th Judicial District Attorney’s Office, which covers El Paso, Hudspeth, and Culberson counties. Cases are heard at the El Paso County Courthouse, 500 E. San Antonio Ave., El Paso, TX 79901.
In San Antonio, the Bexar County Criminal District Attorney’s Office prosecutes DWI cases. They are heard at the Cadena-Reeves Justice Center, 300 Dolorosa, San Antonio, TX 78205.
After an arrest, you are brought before a magistrate within 48 hours for warnings and bail (Code of Criminal Procedure art. 15.17). We meet clients at our offices on North Mesa in El Paso and on NE Loop 410 in San Antonio.
How do former prosecutors look at a DWI case?
Adam Setra prosecuted cases for the 34th Judicial District Attorney’s Office in El Paso before founding this firm. Read Adam Setra’s background.
Former prosecutors know how a DWI file is built, because they built them. We read the report the way the State will. Then we look for what it leaves out.
What does a Texas DWI arrest set in motion?
A Texas DWI arrest starts two separate cases. The first is administrative. The Texas Department of Public Safety moves to suspend your driver’s license, and you have 15 days from being served notice to request an ALR hearing. A refusal brings a 180-day suspension, or two years with a prior alcohol or drug contact in the last 10 years. A failed test brings 90 days, or one year with a prior. The second case is criminal. A first DWI is a Class B misdemeanor with a 72-hour minimum jail term under Penal Code §49.04(b). An alcohol concentration of 0.15 or more makes it a Class A misdemeanor under §49.04(d). Deferred adjudication is available for many first DWIs, but not with a commercial license or a 0.15+ result (Code of Criminal Procedure art. 42A.102(b)(1)). Standard nondisclosure under Government Code §411.0725 does not cover DWI.
What should I do right now after a DWI arrest?
- Find the notice of suspension and note the date you received it. Your 15-day ALR clock runs from that date.
- Do not discuss the arrest with police, insurers, or on social media. If police want to talk, don’t explain and don’t try to make a deal. Say you want your lawyer, then call us.
- Write down what you remember: where you were, what you drank and when, what the officer said, and what tests you did.
- Gather your paperwork: bond papers, citation, notice of suspension, and any property receipt.
- Call us. Have your full legal name, date of birth, the county where the charge was filed, and the charge if you know it. Missing something? Call anyway.
Calling on behalf of a family member? You don’t need to know everything. We can start with what you have.
On This Page
Meet Our Team
Frequently asked questions about DWI and DUI in Texas
How much does a DWI attorney cost in Texas?
How do you get a DWI dismissed in Texas?
Do I need a lawyer for a DWI in Texas?
How long do I have to request an ALR hearing in Texas?
What happens if I refused the breath or blood test?
Is a first DWI a felony in Texas?
Should I talk tCan a DWI be sealed or removed from my record in Texas?o the police to clear things up?
Do you handle DWI cases in Spanish?
Talk to a former prosecutor about your DWI today
The 15-day ALR clock is already running. Call West Texas Trial Lawyers for a free, confidential consultation. Payment plans are available.
Or request your free consultation online. Facing more than a DWI? See our Texas criminal defense practice, plus assault and family violence charges, drug charges, and federal cases in the Western District of Texas.
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