Texas DWI Case Timeline

Our clickable Texas DWI Case Timeline gives you a clear, step-by-step visual roadmap from arrest and license suspension through arraignment, pretrial motions, discovery, plea bargaining, trial and potential appeal. By scanning each stage, you immediately understand critical deadlines—such as the 15-day window to request an ALR hearing to fight license suspension—and know what actions to take when. This timeline helps you coordinate with your attorney, prepare for court appearances and anticipate possible outcomes like dismissal, reduction or conviction. Whether facing your first DWI or a subsequent charge, seeing the full legal sequence in Texas reduces anxiety and empowers you to make strategic, informed decisions every step of the way.

Texas DWI Timeline — Barton & Associates
Barton & Associates — DWI Defense Division
San Antonio, Texas  ·  Your Texas DWI case, step by step
Critical 15-day deadline after a DWI arrest
You have only 15 days from your arrest date to request an ALR hearing to fight your license suspension. Missing this deadline results in automatic suspension. Contact us immediately.
Texas DWI Defense Timeline — 9 Stages
Traffic Stop & Arrest
Stage 1
The stop, field sobriety tests & booking

A traffic stop leads to suspected impairment. The officer may request field sobriety tests and a breath or blood test. What happens here — and what you say — directly impacts your defense.

•  Field sobriety tests are voluntary in Texas — you may decline
•  Roadside breath tests (PBTs) are voluntary and inadmissible at trial
•  Refusing a chemical test after arrest triggers automatic license suspension
•  Remain calm and silent — invoke your right to an attorney immediately
ALR Hearing Request  ▲ 15-Day Deadline
Stage 2
Must request within 15 days of arrest — do not wait

The Administrative License Revocation (ALR) hearing is separate from your criminal case. You have only 15 days from arrest to request it. Missing this deadline means automatic suspension — often 90 to 180 days.

•  We file the ALR hearing request immediately on your behalf
•  Requesting the hearing delays the suspension while it is pending
•  ALR hearing is a valuable opportunity to cross-examine the arresting officer
•  Evidence gathered here can be used in your criminal defense
Arraignment
Stage 3
Formal charges & bail hearing

You appear before a judge to hear the formal DWI charges and enter a plea. For a first-offense DWI, charges are typically a Class B misdemeanor. Prior offenses, high BAC, or accidents can elevate charges significantly.

•  First DWI: Class B misdemeanor (up to 180 days jail, $2,000 fine)
•  Second DWI: Class A misdemeanor (up to 1 year jail, $4,000 fine)
•  Third DWI or intoxication assault: felony charges
•  Plea of not guilty entered to preserve all defense options
Case Investigation & Evidence Review
Stage 4
Finding weaknesses in the state's case

DWI cases are highly technical. We scrutinize every aspect of the stop, the field sobriety tests, and the breath or blood test for errors, calibration issues, and procedural violations that can get evidence thrown out.

•  Dash cam and body cam footage reviewed for officer conduct
•  Breathalyzer calibration and maintenance records obtained
•  Blood test chain of custody and lab procedures examined
•  FST administration errors identified — improper instructions can invalidate results
Pre-Trial Motions
Stage 5
Attacking the evidence before trial

We file targeted motions to suppress evidence obtained illegally or unreliably. A successful suppression motion can eliminate the prosecution's key evidence — often resulting in full dismissal of all charges.

•  Motion to suppress: unlawful traffic stop without reasonable suspicion
•  Motion to suppress: breath or blood test results obtained improperly
•  Motion to exclude: FST results if improperly administered
•  Successful suppression often leads to charge reduction or dismissal
Plea Negotiations
Stage 6
Evaluating all options

If a plea serves your best interest, we negotiate hard for the most favorable outcome — including charge reductions to obstruction or reckless driving, or enrollment in DWI diversion programs that may allow dismissal.

•  Negotiate reduction to lesser charge (e.g. obstruction of highway)
•  Evaluate DWI pretrial diversion eligibility for first-time offenders
•  Deferred adjudication — available for first-offense DWI in Texas
•  All decisions are yours — we lay out the options clearly
Trial
Stage 7
Fighting the charges in court

If the case goes to trial, our attorneys challenge every element the state must prove — lawfulness of the stop, reliability of the tests, and whether impairment affected driving. The burden of proof is entirely on the prosecution.

•  You choose: jury trial or bench trial (judge only)
•  Expert witnesses challenge breathalyzer and blood test reliability
•  Officer cross-examined on stop, FST procedures, and observations
•  State must prove impairment beyond a reasonable doubt
Verdict, Sentencing & License
Stage 8
The outcome & driving privileges

A DWI conviction carries criminal penalties and mandatory license consequences. We fight to minimize both — and if convicted, we immediately pursue every option to restore driving privileges as quickly as possible.

•  Occupational driver's license allows limited driving during suspension
•  DWI surcharges ($1,000–$2,000/year for 3 years) — we help minimize these
•  Ignition interlock requirements negotiated where possible
•  Sentencing mitigation: treatment programs, community service, probation
Expunction & Record Sealing
Stage 9
Clearing your record after your case

A DWI on your record can affect employment, housing, and professional licenses for years. Depending on your outcome, you may be eligible to have the arrest expunged or the record sealed under a non-disclosure order.

•  Acquittal or dismissal: eligible for full expunction — arrest erased
•  Deferred adjudication: may qualify for non-disclosure after probation
•  Expunction removes the record from all public and government databases
•  We file expunction petitions as soon as you are eligible
Charged with DWI in Texas? Time is critical.
Free confidential consultation — 15-day ALR deadline means you should call today.
Schedule a Free Consultation →
Barton & Associates
Barton & Associates

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San Antonio Location
San Antonio - Main Office

115 Camaron St, San Antonio, TX 78205

Austin Location
Austin - By Appt Only

316 W 12th St Suite 400, Austin, TX 78701

Corpus Christi Location
Corpus Christi - By Appt Only

5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415

Barton & Associates

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