Williamson County Misdemeanor DWI Quick Legal Reference

Driver's License Suspension

40-days after the DWI arrest, the defendant's Texas Driver's License will be suspended for a period of 90-days or 180-days. It depends on whether the defendant consented or refused breath and blood tests.

Administrative License Revocation Hearing

The Administrative License Revocation Hearing "ALR Hearing" must be requested within 15-days of the arrest. The ALR Hearing will postpone the original 40-day suspension until the hearing has concluded. Ultimately, the driver's license suspension is difficult to overcome, but it is possible.

Occupational Driver's License

Once the driver's license suspension begins, the defendant is not eligible to drive without an Occupational Driver's License "ODL." If the defendant is stopped thereafter and does not have a valid ODL, he/she may be arrested and charged with a Class B - Driving with License Invalid offense. You may check your driver’s license eligibility on the website listed below.

Texas DPS Driver's License Eligibility:

https://txapps.texas.gov/txapp/txdps/dleligibility/login.do

DPS Reinstatement Fee and Alcohol Education

Once the 90 or 180-day Texas Driver's License suspension period has concluded, a reinstatement fee must be paid to DPS or the driver’s license will still be suspended. Additionally, a 12-hour in-person alcohol education class is required.

Class A Misdemeanor

Class A misdemeanors are punishable by up to 1-year in jail and/or a $4,000.00 fine. You may be charged with a Class A Misdemeanor if this is a subsequent offense; or DWI-1st with a BAC greater than .15.

Class B Misdemeanor

Class B misdemeanors are punishable by up to 6-months in jail and/or a $2,000.00 fine.

Typically, Class B misdemeanors are first offense DWIs and the defendant’s BAC is below .15.

Ignition Interlock Device

An Ignition Interlock Device "IID" may be a condition of the defendant's bond. They are required with a subsequent DWI or a DWI with a BAC greater than .15. When IIDs are required, they must be installed before the defendant is permitted to drive and generally within a month after jail release. Additionally, the defendant must blow into the IID three times per day whether or not the vehicle is being driven.

DPS Conviction-Based Surcharges

According to the DPS website, individuals who receive a conviction will pay an annual surcharge for three-years from the date of the conviction. Points are not assessed for these offenses because the surcharge is automatic upon conviction. Convictions are added to the driver record once DPS receives notification from the court. As a result, there may be a delay between the date of the actual conviction and when the conviction is added to a driver record. 1. 1st Driving While Intoxicated (DWI) in Texas or an out-of state conviction for DWI, Intoxication Assault or Manslaughter: $1,000.00 per year. 2. Subsequent DWI in Texas or an out-of state conviction for DWI, Intoxication Assault or Manslaughter: $1,500.00 per year. 3. DWI in Texas with Blood Alcohol Concentration "BAC" of 0.16 or Higher or an out-of state conviction: $2,000.00 per year. *The surcharge amount is assessed every year for three years. http://www.dps.texas.gov/DriverLicense/drp.htm