DWI Arrest in Corpus Christi: Answers on the Breath Test, Your License, the Charge and What Comes Next

The questions begin in the back of the patrol car or a holding cell. Did I have to give a sample? Will I lose my license? Will I go to jail? How long will this stay on my record? The answers sit in different parts of Texas law, and two of them come with deadlines. A DWI arrest opens a criminal case in a Nueces County court and, at the same time, a separate license case with the Department of Public Safety. A Corpus Christi DWI attorney can tell you which paper starts which clock and what has to be done before each one runs out.

This page takes the questions in the order people ask them: the breath or blood request and the roadside exercises, the notice you were handed and the 15-day clock, your license and any right to drive, the charge and the jail question, the difference between DWI and DUI, how these cases end and what stays on your record. Where a subject has its own page, we link to it.

Two Cases Start at Once, and Only One Has a Short Deadline

The State prosecutes the criminal case in court. DPS brings the license case, and an administrative law judge hears it. They run on separate tracks with separate rules (Transportation Code Sections 724.048 and 524.015), and the license track is the one that can be lost by waiting.

• The criminal case. A prosecutor decides what to file, the court sets the dates, and the case can take months.
• The license case. It begins with a notice of suspension and follows a fixed schedule: a written request within 15 days, then a suspension that takes effect on day 40 unless a timely request stops it.
• The evidence. Recordings, instrument records, a blood sample and the lab file are not always kept for long, which is why we ask for them early.

Do I Have to Give a Breath or Blood Sample?

Texas treats a person arrested for DWI as having consented to a breath or blood specimen, and the officer chooses which kind to ask for (Transportation Code Sections 724.011 and 724.012). You may still say no, and the officer must explain what that costs before asking, orally and in writing. A refusal may be used against you in court, your license will be suspended for at least 180 days and the officer may apply for a warrant. A result of 0.08 or more brings a suspension of at least 90 days, along with a right to a hearing (Section 724.015).

A refusal can be offered as evidence at trial (Section 724.061), and it does not end the testing question. An officer can ask a magistrate for a warrant. After a refusal, the law also directs the officer to require a specimen in four situations: a collision in which someone died or was seriously hurt, a crash that sent another person to a hospital, an arrest for DWI with a child passenger and reliable information about certain earlier convictions. Even then, the officer needs a warrant or probable cause to believe exigent circumstances exist (Section 724.012(a-1), (b) and (e)).

What we examine depends on the test. After a breath test, we ask for the instrument’s maintenance and certification records, the operator’s qualifications and the video of the minutes before the test. After a blood draw, we ask for the warrant and affidavit, the record of who drew the blood and where, how the sample was handled and the lab file. A number on a printout is the last step in a process, and every earlier step can be questioned.

Do I Have to Do the Roadside Exercises?

The implied-consent law speaks of breath and blood. It says nothing about the eye test, the walk-and-turn or the one-leg stand. Declining them does not prevent an arrest, since an officer can rely on the driving, the odor, your speech and everything else observed. What you did and said at the roadside is usually recorded, so the video is the first thing we request. If you did the exercises, we compare the recording with the report: the surface, the lighting, your footwear, any injury or medical condition and how the instructions were given.

The Notice You Were Handed and the 15-Day Clock

When you refuse a specimen, or when a breath or blood analysis comes back at 0.08 or more, the arresting officer hands you a written notice of suspension. A blood result that is still pending when you are released changes the route. DPS then sends the notice by first-class mail, and the law treats it as arriving on the fifth day after it is mailed (Transportation Code Sections 524.011, 524.013 and 724.033).

That one paper starts two clocks. The first is the 15-day clock. A written request for a hearing must reach DPS at its headquarters by the 15th day after you receive the notice, or after the day you are treated as having received it (Sections 524.031 and 724.041). The count starts at receipt, not at the arrest. The second is the 40-day clock. A suspension takes effect on the 40th day after receipt, and a suspension in a test-result case cannot be probated (Sections 524.021 and 724.035). A timely request stays the suspension until the administrative law judge decides (Sections 524.032 and 724.041).

Photograph the notice, front and back, on the day it reaches you. Its dates control your deadlines.

A judge employed by the State Office of Administrative Hearings holds the hearing, no earlier than the 11th day after you are notified of it, and it is recorded. The statute fixes the location by the population of the county of arrest and allows a telephone hearing if you and DPS agree (Sections 524.034 and 724.041). What the judge decides depends on the kind of case:

• A result of 0.08 or more. The burden is on DPS. It has to show, more likely than not, that your alcohol concentration met that level while you drove in a public place and that the stop rested on reasonable suspicion or the arrest on probable cause. A failure on either point ends in reinstatement (Section 524.035).
• A refusal. The judge asks four things: whether the stop or the arrest was justified, whether there was probable cause to believe you drove while intoxicated, whether you were placed under arrest and asked for a specimen and whether you declined (Section 724.042).

People shorten all of this to ALR, for administrative license revocation. The statutes speak of a suspension, and the hearing is a civil proceeding. For a refusal, the statute says its result is independent of the criminal case and does not bar the same facts from being tried there, and the outcome of the criminal case generally leaves a suspension in place (Sections 724.048 and 524.015). The one exception favors you. If the criminal charge from the same arrest ends in an acquittal, DPS may not impose the suspension and must rescind one already imposed and remove it from your driving record. The statutes name an acquittal, not a dismissal.

Will I Be Able to Drive?

The length of a suspension turns on how it started. After a refusal, DPS suspends for 180 days, which becomes two years when your driving record shows an alcohol-related or drug-related enforcement contact within the 10 years before the arrest (Section 724.035). After a test result of 0.08 or more, the figures are 90 days and one year (Section 524.022). Drivers under 21 have their own schedule. If you are later convicted, the court adds a suspension of its own, from 90 days to a year for a first offense, and it credits a refusal suspension from the same arrest, subject to exceptions that we check case by case (Section 521.344).

An occupational driver’s license is the lawful way to keep driving to work, school and other essentials while a license is suspended. You are eligible if the suspension came from an order under Chapter 524 or 724 or from a conviction (Section 521.242). The petition is verified and filed with a justice, county or district court where you live or where the incident happened, and after a conviction it goes to the convicting court (Section 521.2421). It must describe your essential travel by hours and places, show financial responsibility under Chapter 601 and attach a certified copy of your complete driving record. A granted order lists the days, hours, purposes and routes, excludes commercial vehicles and generally allows no more than four hours of driving in 24, or up to 12 if necessity is shown. A restriction to an ignition interlock vehicle removes those time and route limits (Section 521.248). Our page on license reinstatement and occupational licenses covers what happens next.

What Charge Was Filed, and Is Jail Required?

A first DWI under Penal Code Section 49.04 is a Class B misdemeanor with a minimum term of confinement of 72 hours, a maximum of 180 days in jail and a fine of up to $2,000 (Sections 49.04(b) and 12.22). Whether you serve that time depends on how the case ends. When a judge grants community supervision instead of a jail sentence, the article that requires a set jail stay as a condition lists second and later offenses, not a first one (Code of Criminal Procedure Article 42A.401), and any confinement a judge adds as a condition in a misdemeanor case cannot exceed 30 days (Article 42A.302). The judge must also require an alcohol education program within 181 days unless good cause is shown, and an ignition interlock device when the test result was 0.15 or more (Articles 42A.403 and 42A.408). See first-offense DWI in Corpus Christi.

Several facts change the charge, and the State, not the arresting officer’s first note, decides which ones to allege:

• The test number. A specimen result of 0.15 or more lifts the offense to a Class A misdemeanor, which carries up to a year in jail and a $4,000 fine (Sections 49.04(d) and 12.21).
• An open container. If the State shows an open container of alcohol within your immediate reach, the minimum confinement is six days (Section 49.04(c)). See DWI with an open container.
• Earlier convictions. One prior makes the new offense a Class A misdemeanor with a 30-day minimum (Section 49.09(a)). A third offense is a third-degree felony, with two to 10 years in prison and up to $10,000 in fines (Sections 49.09(b) and 12.34). A prior counts whether the sentence was served or probated, and a deferred adjudication is treated as a conviction for this purpose (Section 49.09(d) and (g)). See second-offense DWI in Corpus Christi, third-offense DWI in Corpus Christi and felony DWI in Corpus Christi.
• A child in the car. If a passenger is under 15, the charge becomes a state jail felony, with a range of 180 days to two years in a state jail and a fine as high as $10,000 (Sections 49.045 and 12.35). See DWI with a child passenger.
• Where it happened. Driving in a school crossing zone while the reduced speed limit applies makes the offense a state jail felony (Section 49.04(e)).
• What happened on the road. A crash with a serious injury or a death leads to the charges covered in intoxication assault in Corpus Christi and intoxication manslaughter in Corpus Christi.
• The substance. “Intoxicated” includes losing the normal use of your mental or physical faculties because of a drug or another substance, so an alcohol result is not required (Section 49.01(2)). See drug-related DUI in Corpus Christi.

These ranges are outer limits, not predictions. The evidence, your record and the court shape the result.

DWI or DUI: Which One Is It?

People use the two terms for the same thing, and Texas law uses both. DWI is the adult offense. The State proves it by showing that you lost the normal use of your mental or physical faculties because of alcohol, a drug or another substance, or that your alcohol concentration was 0.08 or more (Penal Code Sections 49.01(2) and 49.04). DUI is the name of a separate offense for a minor, meaning someone under 21: driving with any detectable amount of alcohol in the system. A first offense is a Class C misdemeanor with community service, and the administrative license suspension is 60 days for a minor with no earlier conviction (Alcoholic Beverage Code Section 106.041; Transportation Code Section 524.022). A minor who is intoxicated can still be charged with DWI. See underage DUI in Corpus Christi.

How These Cases End

• Dismissal or acquittal. A dismissal usually follows a defect in the State’s proof, which we look for in the stop, the arrest, the tests and the video. An acquittal also has the license effect described above.
• A reduced charge. A prosecutor sometimes offers a lesser charge when the proof is thin, and we learn what the State will do before giving you advice.
• Deferred adjudication. The judge places you on supervision without a finding of guilt, and finishing it ends in a dismissal. A judge may not grant it to a holder of a commercial driver’s license or learner’s permit, for a test of 0.15 or more or where the punishment could be raised under Section 49.09 (Article 42A.102). A judge who grants it must also require an ignition interlock device unless an evaluation supports a waiver (Article 42A.408). A completed deferred adjudication still counts as a prior if you are charged again.
• Probation after a conviction. The sentence is served under supervision with conditions, and a missed condition can put you back in front of the judge. See probation violations for DWI.
• Trial. A judge or a jury hears the case. Before you decide, we explain what a trial would ask of you and of us.

How Long a DWI Stays on Your Record

A conviction generally cannot be expunged, and it does not disappear on a schedule. Some first DWIs can be sealed by an order of nondisclosure once a waiting period has passed (Government Code Sections 411.0726, 411.0731 and 411.0736). Expunction is for arrests that did not end in a conviction: an acquittal, a dismissal for a reason named in Code of Criminal Procedure Article 55A.053, or an arrest that produced no charge, which qualifies after one year for a misdemeanor and three years for a felony unless the prosecutor certifies earlier that the records are not needed (Article 55A.052). Sealing restricts access to the record without erasing the case from every file. Our page on DWI expunction and record sealing sets out the rules.

Work, Military Service and Professional Licenses

The effects of an arrest do not stay in the courtroom. A commercial driver has federal and state rules to weigh beyond those above, and a commercial license or permit is also one of the facts that bars deferred adjudication. Nurses, pharmacists, teachers and other licensed professionals may need to report an arrest to their board, as our page on arrests of professional license holders explains. Corpus Christi has a large military community, and a service member has questions about the chain of command that a civilian does not, which we cover in arrests of service members and veterans. If you are not a United States citizen, speak with an immigration lawyer before discussing the arrest or taking a plea. Employers and insurers have their own policies, so check with us before you answer either one.

What This Means for Your Nueces County Case

1. Find the notice of suspension, photograph it and mark the 15th day from the day it reached you. A mailed notice counts as received on the fifth day after mailing.
2. If you refused or gave a sample, write down which, when and what the officer said before asking.
3. Keep one calendar that shows the court date, the bond conditions and the hearing deadline side by side.
4. While it is fresh, write out where you had been, what you ate and drank and when, what the officer asked and which exercises you were told to do. Only your lawyer should see the notes.
5. Save every paper from the jail: the bond terms, the property receipt and any form about a specimen.
6. Stay out of the driver’s seat once a suspension takes effect, and ask us about an occupational license well before day 40.
7. Say nothing about the arrest to police, prosecutors, employers or insurers, post nothing online and hold off on a plea or a class until your lawyer has seen the video, the report and the test records.

More About DWI Charges in Corpus Christi

These guides pick up where this page stops.

• first court appearance in Nueces County: what to expect at the first setting.
• what to do if arrested: a step-by-step guide to the first hours.
• summer DWI enforcement in Corpus Christi: what visitors and residents should know.

Why Corpus Christi Clients Choose Barton & Associates for DWI Defense

Barton & Associates has defended clients in Texas courts since 2001. Our founder, Gary J. Barton, holds Board Certification in Criminal Law from the Texas Board of Legal Specialization, was a capital murder prosecutor and has tried more than 100 cases to juries. Jim Erickson is a senior trial attorney with criminal defense experience in Texas dating to 1985 and more than 250 jury verdicts across more than sixty counties. In the first days of a case the recordings can still be requested, the magistrate record still exists and the license deadline can still be met. We handle the license case and the criminal case together, so a step in one does not damage the other.

No lawyer can honestly forecast a DWI case on the first day. We give you a plain account of what the State must prove, where its evidence looks weak and what we advise, including a plea when that is the sensible course. The first consultation is free and confidential. We meet clients by appointment at 5110 Wilkinson Drive, Suite 210, Corpus Christi, Texas 78415, and you can get directions to our office before you come. Bring what you can of the following to the first meeting, and call even if some of it is missing.

• The notice of suspension from DPS, and the date it reached you
• Arrest papers, bond terms and your next court date
• Anything you received about a breath test, a blood draw or a refusal
• Notes you made about the stop, including what you ate and drank and when
• Video, photos and the names of witnesses
• Records of any earlier DWI or DUI arrest, in Texas or another state
• Whether you hold a commercial, professional or military credential
• A calendar of your key dates and deadlines

Frequently Asked Questions About a DWI Arrest in Corpus Christi

How long do I have to ask for a hearing to keep my license?

The written request must reach DPS at its headquarters by the 15th day after you receive the notice of suspension. A mailed notice is treated as received on the fifth day after mailing, which puts the last day 20 days from the mailing. The count does not begin on the day of the arrest. A request that arrives late does not carry a right to a hearing under the statute, so count from the dates on the paper itself and call us if they are unclear.

What does ALR mean?

It is shorthand for administrative license revocation, the license case DPS opens after a refusal or a test result of 0.08 or more. The Transportation Code calls the result a suspension. It is a civil case heard by a judge of the State Office of Administrative Hearings, and it is separate from the criminal charge.

If I win the license hearing, is my criminal case over?

No. A win keeps or restores your license, but the criminal case goes on, and the statute says a refusal hearing is independent of it. The link between the two runs mainly one way. An acquittal on the criminal charge stops a suspension or removes one already imposed, but a dismissal does not do that.

Do I have to take the breath or blood test?

You may refuse, and every choice has a cost. A refusal may be used against you in court, brings a license suspension of at least 180 days and lets the officer apply for a warrant. A result of 0.08 or more brings a suspension of at least 90 days. The officer must give you these warnings orally and in writing before asking, so tell us what you were told and what you decided.

Can police take my blood after I say no?

Only with a warrant or probable cause to believe that exigent circumstances exist. The law directs an officer to require a specimen after certain refusals, such as a crash that killed or seriously injured someone or an arrest with a child passenger, but the warrant or exigency requirement still applies. We read the warrant papers, learn who drew the blood and review how the sample was handled.

Do I have to do the field sobriety tests?

The implied-consent law covers breath and blood, not the roadside exercises. You can decline them, although an arrest can still follow from the driving and the officer’s other observations. If you did them, the recording is compared with the report to see how they were given and what could have affected your performance.

What is the fine for a first DWI in Texas?

The maximum fine for a Class B misdemeanor is $2,000, and a result of 0.15 or more makes the offense a Class A misdemeanor with a maximum fine of $4,000. That is a ceiling, not a price. Court costs, program fees and the cost of an ignition interlock device, if one is ordered, are added separately, and the license suspension is a different matter.

Is jail mandatory for a first DWI?

A first DWI carries a minimum term of confinement of 72 hours and a maximum of 180 days, and an open container raises the minimum to six days. When a judge grants community supervision, the article that sets a required jail stay as a condition applies to repeat offenses, and a judge can still add up to 30 days as a condition in a misdemeanor case. What applies to you depends on the facts and on how the case ends.

Is a DUI the same as a DWI in Texas?

Not under the statutes. DWI is the adult offense, based on loss of the normal use of your faculties or an alcohol concentration of 0.08 or more. DUI is the name of the offense for a driver under 21 who has any detectable amount of alcohol in the system. A minor who is intoxicated can be charged with DWI as well.

Can my license be suspended if the charge is dismissed?

Yes. A suspension from a refusal or a test result is imposed by DPS, and the statutes lift it after an acquittal, not after a dismissal. If no hearing request reaches DPS in time, the suspension takes effect on the 40th day after you receive the notice, whatever the court later does.

How long will a DWI stay on my record?

A conviction does not drop off a Texas record by itself. An arrest that ended in an acquittal or a qualifying dismissal may be expunged, and some first DWI convictions can be sealed after a waiting period, which limits who can see them. Sealing does not erase the case from every file.

Can a DWI charge be reduced or dismissed?

Sometimes. A dismissal usually follows a defect in the State’s proof, and a reduction is the prosecutor’s decision, made when the evidence is thin. Deferred adjudication is a third path, and it is closed to some defendants, including commercial license holders. We do not predict an outcome before we have seen the video, the report and the test records.

What should I bring to the first meeting about a DWI arrest?

Bring the DPS notice with the date you received it, the arrest papers, bond terms and next court date, and whatever you were given about a breath test, blood draw or refusal. Add your notes on the stop, video or photos, records of any earlier DWI and the kind of license you hold. Come even if part of it is missing.

Talk With a Corpus Christi DWI Attorney After Your Arrest

The license deadline began when the notice reached you, and a court date does not move it. Speak with a Corpus Christi criminal defense lawyer at Barton & Associates about the charge, and hear what we would advise, before you give a statement, sign anything or accept a plea.

Call our Corpus Christi office at 361-800-6780 or complete the online Free Consultation form to arrange a confidential meeting about your arrest. Consultations at the office are by appointment only. The office is at 5110 Wilkinson Drive, Suite 210, Corpus Christi, Texas 78415.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780