WARNING: You Have 15 Days to Save your License

After a DWI arrest, the Texas Department of Public Safety may attempt to suspend your driver’s license through a separate civil process known as an Administrative License Revocation (ALR) hearing.

In many cases, there is a limited deadline to request the hearing after arrest of 15 days.

An ALR hearing may allow your attorney to:



• Challenge the basis for the stop or arrest
• Question the arresting officer under oath
• Obtain evidence early in the case
• Fight the license suspension

Protecting your driver’s license is often one of the first important steps in defending a DWI case

Fighting for Favorable Bond Conditions

After a DWI arrest, the conditions of your bond can impact your daily life immediately. Courts may try to impose restrictions such as ignition interlock devices, random alcohol testing, travel limitations, or no-alcohol conditions that can interfere with work, family obligations, and everyday freedom.

At Flanagan & Hale, PLLC, we appear in court and argue for reasonable bond conditions whenever possible. In many cases, we are able to challenge unnecessary restrictions, request modifications, and help clients avoid conditions that are overly burdensome or not supported by the facts of the case.

Don’t Plead Guilty Without Talking to Us

DWI cases are among the most common criminal charges filed in Harris County, but no two cases are exactly alike. Successful defense requires experience, attention to detail, and a thorough understanding of how these cases are investigated and prosecuted.

Many people think a DWI is a lost cause. They assume the breathalyzer was accurate or that there’s no way around the arrest. That’s simply not true. We’ve helped countless clients reduce or dismiss charges through strategic defense tactics.

How DWI Cases Are Defended

A DWI arrest does not automatically mean a conviction. Every case involves multiple stages where mistakes can occur — from the initial traffic stop to the final breath or blood analysis. At Flanagan & Hale, PLLC, we examine every detail of the investigation to identify weaknesses, constitutional violations, and opportunities to challenge the State’s evidence.

The Traffic Stop Matters

Every DWI case begins with a traffic stop. Police must have legal justification to stop a vehicle in the first place. If the stop was unlawful, evidence obtained afterward may be suppressed.

We carefully review:

• Dash camera footage
• The officer’s stated reason for the stop
• Whether reasonable suspicion actually existed
• Timing and conduct during the investigation
• Constitutional violations during detention or arrest

In many cases, the legality of the stop can significantly impact the outcome of the case.

Standard Field Sobriety Tests

Field sobriety tests are often presented as scientific indicators of intoxication, but they are highly subjective and frequently challenged in court.



Our firm examines:

• Whether the tests were administered correctly
• Officer training and certification
• Medical conditions or injuries affecting performance
• Environmental conditions such as lighting, weather, or uneven surfaces
• Whether nervousness, fatigue, or anxiety influenced the results

We understand how these tests are scored and how to challenge unreliable conclusions.

Breath & Blood Test Challenges

Breath and blood evidence can be attacked in multiple ways. Machines malfunction, procedures are not always followed, and human error occurs more often than people realize.

We analyze:



• Maintenance and calibration records
• Chain of custody issues
• Timing of blood draws
• Laboratory procedures
• Possible contamination or improper handling
• Rising blood alcohol defenses
• Whether testing methods complied with Texas law

Not every chemical test result is reliable, and every result should be closely scrutinized.

Constitutional & Procedural Defenses

DWI investigations are governed by strict constitutional protections. Violations of those protections can affect the admissibility of evidence and the strength of the prosecution’s case.

We review:



• Illegal searches and seizures
• Miranda violations
• Improper police conduct
• Warrant issues
• Unlawful detention or arrest
• Failure to preserve evidence

Our goal is to identify every weakness in the State’s case and use those issues to pursue the best possible outcome.

Alternative Resolutions & Dismissal Opportunities

Depending on the facts of the case, some DWI charges may qualify for reduced charges, dismissal-focused resolutions, or negotiated alternatives designed to avoid a final conviction.

Texas generally recognizes three primary outcomes:



• Conviction
• Deferred Adjudication
• Dismissal

In appropriate cases, we work to position clients for the strongest possible result based on the facts, evidence, and legal issues involved. When a case is dismissed, clients may also become eligible to seek an expunction and clear the arrest from their record.

Penalties for DWI Charges in Texas

A DWI conviction in Texas can carry serious consequences involving jail time, probation, fines, license suspension, ignition interlock requirements, increased insurance costs, and a permanent criminal record. The penalties often increase with prior convictions or aggravating factors.

First-Time DWI

A first-offense DWI is generally charged as a Class B misdemeanor in Texas.

Possible penalties may include:



• Up to 180 days in jail
• Minimum jail sentence of 72 hours
• Up to a $2,000 fine
• Driver’s license suspension
• Probation and community service
• DWI education classes
• Ignition interlock requirements in some cases

Even first-time offenses can have significant long-term consequences involving employment, professional licensing, and insurance rates.

Second-Offense DWI

A second DWI offense is typically charged as a Class A misdemeanor and carries enhanced penalties.

Possible penalties may include:



• Up to 1 year in jail
• Increased fines
• Mandatory jail sentence included in probation
• Driver’s license suspension
• Mandatory ignition interlock device
• Probation conditions and alcohol monitoring
• Extended community supervision requirements

Repeat allegations are treated more seriously by prosecutors and courts throughout Harris County.

Third-Offense DWI

A third DWI offense is generally charged as a felony in Texas.

Possible penalties may include:



• 2 to 10 years in prison
• Significant fines
• Felony probation
• Long-term license suspension
• Mandatory ignition interlock device
• Permanent felony record if convicted

Felony DWI allegations can affect employment opportunities, firearm rights, housing, and professional licenses.