Is DUI Criminal or Civil in Texas? A Houston Driver’s Guide to DWI, ALR, and the Courts

Short answer: in Texas, a DUI-type drunk driving allegation is a criminal case. Most adults are charged with DWI under the Texas Penal Code, and that criminal case runs separately from a civil driver license process called Administrative License Revocation. If you were arrested in Houston, this means you face a criminal DWI in court plus a civil ALR timeline with fast deadlines. If you searched “is DUI criminal or civil in Texas,” the answer is criminal for the charge itself, with a separate civil license proceeding that can suspend your driving privileges.

For foundations in plain language, see this plain explanation of what a DWI is in Texas, then keep reading for how the courts and license rules actually work in Harris County and nearby counties.

Criminal vs. Civil at a Glance: What Texas Law Actually Says

Texas treats operating a motor vehicle while intoxicated as a criminal offense. The statute lives in the Texas Penal Code chapter on intoxication offenses. Adults are typically charged with DWI, not DUI. In Texas, “DUI” technically means DUI by a minor under the Alcoholic Beverage Code, while “DWI” is the adult criminal offense that most people mean when they say DUI. The key point for you: the charge that goes on your record is criminal.

At the same time, the Texas Department of Public Safety can open a civil case to suspend your driver license after an arrest, known as ALR. That civil process is not a conviction. It is about your driving privileges and runs on a short clock.

If you are a Houston construction manager like Mike who depends on getting to job sites at 6 a.m., this split matters. The criminal case can lead to fines, probation, or even jail. The civil ALR case can decide whether you can legally drive to the yard on Monday. You need to stay on top of both tracks from day one.

Which court handles your case in Houston and nearby counties

When people ask about the “Houston Texas DUI DWI court process,” they often mix up traffic tickets and criminal courts. Here is the basic map so you can picture where you will actually go after release from the jail.

• Municipal and Justice Courts: These lower courts handle Class C misdemeanors like routine traffic tickets. They also hear some alcohol-related Class C cases, including DUI by a minor and public intoxication. A DWI for an adult is not a routine traffic ticket and is not resolved here.
• County Criminal Courts at Law: In Harris County and many nearby counties, a first or second DWI is usually filed as a misdemeanor in a county criminal court. This is where you will make appearances, receive discovery, negotiate, file motions, and set trial.
• District Court: Felony DWI cases, such as a third DWI or a DWI with a child passenger, are filed in a district court. The procedures are more formal and the stakes are higher because prison time is possible.
• SOAH for ALR: The Administrative License Revocation hearing is held at the State Office of Administrative Hearings, not inside your criminal court. It is a separate civil proceeding about your license only.

If you want a quick primer on settings and outcomes across these courts, this post outlines what to expect in municipal, justice, and county courts so you can see how the pieces fit together in Texas.

Two tracks, two clocks: your criminal case and the ALR license case

Think of your situation as a two-lane road. In the criminal lane, the county or district attorney prosecutes the DWI. In the civil lane, DPS tries to suspend your driver license. These two lanes touch the same stop, the arrest, but they run to different destinations and operate on different clocks.

The criminal DWI lane

• Charge level: First-offense DWI is usually a Class B misdemeanor. A reported BAC of 0.15 or higher can be charged as Class A. Prior convictions or a child passenger can elevate the case to a felony.
• Potential penalties: For a Class B, the statutory range includes up to 180 days in jail, fines up to 2,000 dollars, a license suspension, court costs, probation, and conditions like classes or interlock. A Class A can carry up to one year in jail and higher fines, and a third-degree felony can carry 2 to 10 years in prison with a fine up to 10,000 dollars.
• Where you go: In Harris County, misdemeanor DWI appears in a County Criminal Court at Law. A felony DWI appears in a District Court.

The civil ALR lane

• What triggers it: A breath or blood test at or above 0.08, or a refusal to provide a specimen after the officer reads you the warnings.
• Deadline: You have 15 days from the date you receive the notice of suspension to request a hearing. Miss that deadline and the suspension usually starts automatically.
• Where it happens: The hearing is at the State Office of Administrative Hearings. The ALR judge does not decide guilt or innocence on the criminal DWI, only whether DPS can suspend your license under the civil rules.

You can find a detailed overview in the official Texas DPS overview of the ALR administrative license process, and here is a practical guide focused on the deadline and logistics, including how to request an ALR hearing and the 15‑day deadline. If you were arrested this week, start the clock today, mark the 15th day on your calendar, and treat that date as non-negotiable.

For a fast, plain checklist you can act on right now, use this step-by-step checklist to protect your license fast. It shows how to gather documents, preserve deadlines, and keep your work transport plan intact while the case begins.

Traffic ticket vs DWI in Texas: why it matters for your job and record

A common misconception is that drunk driving is just a serious traffic ticket. It is not. A speeding ticket is a Class C, usually handled in a municipal or JP court and can often be resolved with a short appearance or defensive driving. A Texas DWI is a criminal offense under the Penal Code and is prosecuted by the county or district attorney. That means arrest records, booking, bail, court settings, evidence, and the possibility of criminal penalties.

For you as a foreman, superintendent, or crew lead, the differences ripple across daily life. A criminal case can appear in employer background checks, affect professional licenses, restrict travel, and raise insurance premiums. A criminal conviction can be permanent and can trigger a separate license suspension even after you complete probation. The civil ALR process can suspend your ability to drive before your criminal case finishes, which is why early action is so important.

Micro-story: what this looks like for a Houston builder

Mike, a construction manager in Houston, is stopped after a late client dinner on a Thursday. He is arrested for DWI and released Friday afternoon. On Saturday morning he finds a temporary permit attached to his paperwork. He reads that he has 15 days to request a hearing. It hits him that his Monday start time at the Heights job site depends on keeping his license valid. He requests the ALR hearing within one week, then meets with a qualified Texas DWI lawyer to plan the criminal defense. The ALR case goes to SOAH. Discovery in the criminal case begins in a county criminal court. Two tracks, two calendars, one plan.

Houston Texas DUI DWI court process: step-by-step overview

Every case is different, but the flow below shows how a typical misdemeanor DWI moves through Harris County. This helps you look ahead and plan work, family, and license logistics.

1. Arrest and release. After the stop, field sobriety tests, and a breath or blood request, you are booked. You may bond out or be released on personal bond. Paperwork includes a temporary permit that starts the ALR timeline.
2. Arraignment or first setting. You appear in a County Criminal Court at Law. The judge confirms the charge and any conditions like ignition interlock.
3. Discovery. The state provides video, reports, test results, and other materials. The defense reviews the stop, the detention, the arrest, the breath or blood testing, and any medical or environmental factors.
4. ALR hearing. If requested within 15 days, you attend an administrative hearing at SOAH. The ruling determines whether DPS can suspend your license under civil standards. This is separate from guilt or innocence in the criminal case.
5. Pretrial and motions. The defense may file motions to suppress evidence, challenge probable cause or reasonable suspicion, or address discovery and lab issues.
6. Negotiation or trial setting. Many cases resolve by agreement after legal issues are addressed. Others set for trial. Your planning should cover both paths.
7. Trial and verdict. If you go to trial, the court or a jury decides the criminal charge only. The ALR result does not control the verdict, and a trial verdict does not automatically change the ALR result unless specific relief is pursued.
8. Sentencing and post-case driver license steps. A conviction can include probation terms, fines, classes, interlock, and a license suspension. You may seek an occupational driver license to maintain limited driving if needed.

Texas criminal vs civil drunk driving: penalties and collateral effects

Numbers help you plan. These ranges are common under Texas law, though local practice and individual facts matter.

• Class B DWI for a first offense, up to 180 days in jail, up to a 2,000 dollar fine, potential license suspension, and a possible minimum jail term if certain conditions apply.
• Class A DWI for reported BAC of 0.15 or higher, up to one year in jail and a fine up to 4,000 dollars. Judges may order an ignition interlock as a bond or probation condition.
• Felony DWI for a third DWI or DWI with a child passenger, exposure to 2 to 10 years in prison and up to a 10,000 dollar fine for a third-degree felony.
• ALR suspension windows can be 90 days to a year for a first failure and 180 days or more for a refusal, with longer periods for prior alcohol contacts. These ALR windows are civil and separate from any criminal suspension.
• Record impact can be long lasting. A DWI may be eligible for nondisclosure in certain scenarios after waiting periods, but many employers will see pending cases and convictions if you do not pursue sealing where allowed by law.

For an Ambivalent Young Adult who thinks a DWI is just like a ticket, consider costs beyond court. Insurance surcharges, interlock fees, time off work for court, towing and storage, and DPS reinstatement fees can add up to thousands over a year. A DWI is not a traffic ticket. It is a criminal case with real financial and professional consequences.

Key definitions that reduce confusion

• DWI: Driving while intoxicated under the Penal Code. This is the adult criminal charge.
• DUI by a minor: A separate offense for drivers under 21. Often handled in municipal or JP court. Adults are not charged with this offense.
• ALR: Administrative License Revocation. A civil process regarding your license handled by DPS and SOAH, with a strict 15 day window to request a hearing.
• Occupational Driver License: A limited license that can allow essential driving during a suspension if the court grants it.

Knowing these terms helps you keep your calendars straight and your work plans intact.

What evidence matters, and where: a brief technical nod for the Analytical Researcher

Analytical Researcher (Daniel/Ryan): You may want precise distinctions. In the ALR hearing, DPS must prove issues like reasonable suspicion for the stop, probable cause for arrest, and either a refusal or a test result at or above 0.08. The standard of proof is different from the criminal court. In the criminal case, the state must prove each element of DWI beyond a reasonable doubt. That includes the lawfulness of the stop and arrest, plus whether you lost the normal use of your mental or physical faculties or had a 0.08 or higher BAC at the time of driving. Breath machine maintenance, blood draw protocols, chain of custody, hematocrit and partition ratio assumptions, retrograde extrapolation, and video analysis all play different roles in each forum. A win in ALR does not guarantee a dismissal in criminal court, and a loss in ALR does not mean you are guilty in the criminal case.

Protecting your license quickly: practical steps for the first 7 days

Speed matters because the ALR deadline is 15 days from notice. Treat the first week like a job safety plan.

• Locate the temporary driving permit and the date on the suspension notice. Count 15 calendar days.
• Request the ALR hearing immediately and document the request confirmation.
• Secure your work schedule and transport plan. If your job requires fleet access, advise your supervisor that your license remains valid while the ALR hearing is pending, unless told otherwise by DPS.
• Preserve evidence. Save receipts, text messages, photos, or names of any witnesses from the evening in question, and note any medical conditions that can affect balance or breath testing.
• Consult a qualified Texas DWI lawyer to coordinate the criminal defense and the ALR hearing. One timeline should guide both tracks so you do not miss a deadline while preparing motions.

Secondary perspectives: tailored guidance for other readers

Ambivalent Young Adult (Tyler): A DWI is a criminal case with arrest records and potential jail exposure. Even a first offense can trigger thousands in costs over the next year. Do not treat it like a regular ticket.

Status-Focused Client (Sophia/Jason): Court dates are public, but there are ways to minimize exposure. Ask about bond conditions that avoid unnecessary devices at the office, and later, whether you may qualify for an order of nondisclosure after completing terms. Protect professional credentials by planning for background checks and annual renewals early.

High-Expectations VIP (Marcus/Chris): Technical defenses depend on data. Immediate steps include obtaining the full video, breath room logs, maintenance records, and blood lab documentation. If privacy is paramount, start with strategies that reduce appearances and keep filings succinct while preserving all rights.

Common misconceptions to avoid

• “If I win ALR, my criminal case is over.” False. The civil ALR result does not decide guilt or innocence. It only covers your license.
• “DWI is handled in traffic court.” False. Routine traffic tickets go to municipal or JP courts. Adult DWI goes to county or district criminal court.
• “I have plenty of time to request ALR.” False. You have 15 days from notice. Missing that window usually triggers an automatic suspension.
• “A first DWI cannot affect my career.” False. Background checks, travel, insurance, and licensing can all be affected.

If you are worried about work: focus on what you can control today

As a Practical Worrier facing a new DWI, control the controllables. Put the 15 day ALR deadline in your phone with reminders. Set a calendar for criminal court dates and plan around critical pours, inspections, and owner meetings. If your role involves driving a company truck, keep documentation showing that your license remains valid while the ALR is pending, and ask about alternate transport if needed. Organize your paperwork in one folder so nothing gets lost between sites.

FAQs, timelines, and odds: realistic expectations

No article can predict a specific outcome for a specific case. What it can do is give you the structure to make smart decisions. In Harris County, many first offenses resolve without trial after evidence is reviewed and procedural issues are addressed. Others go to trial or to motions hearings because the facts or the law warrant that path. Your plan should be built on evidence, deadlines, and your personal risk tolerance, not on rumors or pressure.

Top FAQs About is DUI criminal or civil in Texas

Is a DWI a criminal case in Texas or just a ticket?

A DWI is a criminal case in Texas, not a routine traffic ticket. It is prosecuted under the Penal Code and handled in county or district criminal court. The civil ALR process is separate and deals only with your license.

What is the deadline to request an ALR hearing after a Houston arrest?

You have 15 days from the date you receive the suspension notice to request an ALR hearing. If you miss that deadline, DPS usually starts the suspension automatically. Request the hearing as soon as you are released.

How long does a DWI stay on my record in Texas?

A criminal DWI can remain on your record indefinitely unless you qualify for and obtain limited relief like an order of nondisclosure in specific situations. Arrest and court records can also appear in background checks, which is why planning for record sealing options matters.

Which court will I go to in Harris County?

Most first or second DWIs are filed in a County Criminal Court at Law. Felony DWIs go to a District Court. ALR hearings are handled at SOAH, which is separate from criminal court.

Does winning or losing ALR decide my criminal case?

No. The ALR hearing affects only your driving privileges. Your criminal case outcome depends on the evidence and the law in the county or district court.

If you want a deeper dive in a conversational format, try this interactive Q&A about criminal vs. civil DUI issues in Texas. It pairs well with the statute and ALR resources linked above.

Why acting early matters, even if your court date is weeks away

The first two weeks set the tone. Requesting ALR within 15 days preserves your ability to drive while the case proceeds. Early preservation of video and records helps you challenge issues like the stop, the tests, and lab procedures. Planning your work schedule around known settings reduces stress. Quietly exploring nondisclosure options helps protect your professional reputation if your case later qualifies. Finally, contacting a qualified Texas DWI lawyer early lets you align the civil and criminal calendars so no deadline slips through the cracks.

Short video primer: DWI vs DUI in Texas and how the two-track process works

Prefer a quick explainer before you sift through paperwork? This short video defines the difference between DWI and DUI in Texas, confirms that DWI is a criminal offense, and explains how the ALR civil process fits in. It is a helpful reset if you are a Practical Worrier trying to calm down and focus on next steps.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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