What Can I Expect After a First DWI in Texas?

Do you know what to expect after a first DWI in Texas? First, you should know that tending to your requirements because of a DWI varies county by county. You always have your court State Authority, such as your pre-trial or probation officer, or judge, to assist you with next steps if it seems a little overwhelming. You can also ask your attorney if you hired one.

In any case, Smart Start is also here to assist you as an Ignition Interlock provider. We know the Texas law and can get you back on the road. For now, let’s go over what you can generally expect from a first DWI in Texas.

Administrative License Revocation

First, after being arrested for a DWI, the Texas Department of Public Safety or DPS requires your driver’s license be confiscated immediately by the arresting officer if your BAC level was .08 or over. This can also happen if you refused your breath test. This action is called an administrative license revocation, or ALR. The DPS has more information if you want to explore more details about the ALR program in Texas.

Jail-Time and Posting Bond or Bail

Upon a DWI arrest, your initial hearing usually occurs within 24 hours of arrest by the judge or magistrate. This judge or magistrate will set a bond amount. The bond amount will vary based on a variety of factors, including prior criminal record and the severity of the case (misdemeanor or felony). In most cases, you have the right to have a bond amount set within 48 hours of your arrest.

Now, there may be certain requirements placed into effect by a judge as a condition of being released on bond, such as the Ignition Interlock. Ignition Interlocks can also be a requirement for a pre-trial, probation or occupational condition in Texas.

Ignition Interlock Requirement in Texas

The law states that any second or subsequent DWI case requires an Ignition Interlock in Texas. In addition, under a first DWI case with a BAC of .15 or higher as a condition of bond, it is at your judge’s discretion whether you must install an Ignition Interlock or not. Finally, under a probation condition, an Ignition Interlock is mandatory on a first DWI offense.

You need to install the Interlock before the 30^th day after the date you were released on bond. Your State Authority over your Ignition Interlock program can be pre-trial services, the probation department, the prosecutor, or a member of the judge’s staff.

For first-time DWI cases, an Interlock will be required for a period of 90 days to one year if you choose to drive during a license suspension. This occupational license should be handled in a timely manner! Make sure to apply for your occupational license if you are eligible before 15 days pass from your arrest date. You can read more about occupational licenses in Texas on the DPS’ website.

Issued Court Date

The District Attorney’s Office will make the decision as to whether a case should be filed. The time it takes for a misdemeanor DWI charge to be filed and a court date issued varies from county to county. Usually, however, this occurs within 30-60 days.

For a felony DWI to be presented to the Grand Jury for a possible indictment is longer. It could be several months before an indictment is issued and a court date set.

At your first court appearance, if you are found guilty of a misdemeanor or felony DWI, you may have to install an Ignition Interlock as a condition of probation. You need to install the Ignition Interlock before the 30^th day after conviction if this occurs under a probation condition.

The road to putting a first DWI in Texas behind you may seem long, but with the right people and the right Ignition Interlock program, it can be a much more simple process. As a Texas-born company, Smart Start knows the Texas DWI law inside and out, and can get you back on the road the quickest with more than 100 service locations throughout the state, and a discreet Interlock.

Smart Start is Here for You with the Most Reliable, Affordable Interlock

If you need to schedule an installation appointment or ask any questions, feel free to call our Customer Care Center at (800) 831-3299 or fill out our online form.