TL;DR
A Christmas-season DWI arrest in Arlington can move fast. It often starts with a traffic stop, leads to field sobriety tests and a breath or blood request, then splits into two tracks: (1) the criminal DWI case and (2) the ALR driver’s license suspension process run through the Texas Department of Public Safety. Texas DWI law covers driving with a 0.08 BAC or losing “normal use” from alcohol, drugs, or both. A first offense can still involve jail exposure, fines, license suspension, and strict bond conditions. One deadline that catches people off guard is the short window to request an ALR hearing after you get the suspension notice.
DWI During Holiday Season In Arlington, Texas: What The Law Prohibits
Most people say “DUI,” but for adults in Texas the charge is usually DWI (Driving While Intoxicated). Under Texas law, a person commits DWI if they operate a motor vehicle in a public place while “intoxicated.”
What “Intoxicated” Means In Texas
Texas defines “intoxicated” in two main ways:
- BAC theory: having an alcohol concentration of 0.08 or more, or
- Impairment theory: not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of substances, or any other substance.
That matters because some cases are prosecuted without a breath number that starts with “0.0,” especially in drug-related allegations.
First-Offense DWI Levels In Texas
A common first DWI (without other enhancements) is a Class B misdemeanor, and Texas law includes a minimum of 72 hours confinement for that baseline DWI offense.
Two enhancements people run into during the holidays:
- Open Container: If the offense is a Class B misdemeanor and it’s shown there was an open container in the person’s immediate possession, the law raises the minimum confinement to 6 days.
- BAC 0.15 Or Higher: If the alcohol concentration is 0.15 or more, the offense becomes a Class A misdemeanor.
General Misdemeanor Punishment Ranges
Texas sets the general maximum punishment ranges by class:
- Class B misdemeanor: up to 180 days in county jail and/or a fine up to $2,000
- Class A misdemeanor: up to 1 year in county jail and/or a fine up to $4,000
DWI cases can also involve license suspensions and other conditions (covered below).
Repeat Offenses & Felony Exposure
Texas increases the level of the charge for repeat DWI convictions. For example, a second DWI is generally a Class A misdemeanor with a minimum term of confinement of 30 days under the enhancement statute.
A third (or more) DWI can be charged as a third-degree felony.
DWI With A Child Passenger
If a person is accused of DWI with a passenger younger than 15, Texas treats that as a state jail felony.
Quick Note: DUI Can Mean Something Else In Texas
Texas also has a separate “DUI by Minor” offense. A minor can commit an offense by operating a motor vehicle in a public place with any detectable amount of alcohol in their system, and it’s generally a Class C misdemeanor.
Why Christmas Week In Arlington Raises The Odds
Holiday season DWI arrests happen for familiar reasons: more parties, more late-night driving, visitors, and people taking “quick drives” that still put them on public roads.
There’s also a practical reason. Texas runs a statewide holiday impaired-driving push. TxDOT’s holiday campaign supports a heightened law enforcement period from Dec. 12 through Jan. 1 (dates can vary by year, but the holiday enforcement window is a recurring pattern).
Nationally, NHTSA also promotes holiday high-visibility enforcement through “Drive Sober or Get Pulled Over.”
In the Arlington area, another holiday-related factor is “No Refusal” enforcement initiatives. Arlington Police have publicly used the “No Refusal” label in the past (example: a Labor Day announcement), which typically signals faster access to warrants for blood draws when a driver declines testing.
What Happens After A Stop, Arrest & Test
Traffic Stop & Roadside Investigation
Many DWI cases start with a traffic stop for something simple: speed, wide turns, lane drifting, equipment issues, or a wreck call.
After the stop, an officer may:
- Ask questions (where you’re coming from, whether you’ve been drinking)
- Look for indicators of impairment
- Ask you to perform standardized field sobriety tests
- Request a preliminary breath test (if available)
Those early moments often become the backbone of the state’s evidence, especially dash cam and body cam footage.
Arrest, Booking & Bond
If the officer believes there is probable cause to arrest for DWI, you may be taken into custody, booked, and either released later or required to post bond. Bond conditions in DWI cases can include restrictions on alcohol use, travel limits, and sometimes ignition interlock requirements depending on the allegation and history.
Implied Consent & Chemical Testing In Texas
Texas is an implied consent state. The transportation code authorizes breath or blood specimens after arrest under defined circumstances.
If you refuse to provide a specimen, Texas law requires officers to warn you about automatic license suspension consequences, including that refusal can trigger an ALR suspension of not less than 180 days.
Two details people often miss:
- Refusal does not always end the testing issue. Texas law states the officer may apply for a warrant authorizing a specimen to be taken.
- Refusal can still show up in the criminal case. Texas allows the refusal to be introduced into evidence at trial.
The Texas ALR License Suspension: The Deadline People Miss
A DWI arrest in Arlington can trigger an Administrative License Revocation (ALR) action through the Department of Public Safety that is separate from the criminal DWI case.
The Key Deadline: Requesting An ALR Hearing
Texas law says you have the right to a hearing, but the request has to be received by DPS no later than the 15th day after you receive the notice (or are considered to have received it by mail).
When The Suspension Starts
For a “fail” (test result at/above the statutory level), the suspension effective date is generally the 40th day after notice.
For a “refusal” suspension, the statute also uses the 40th day after notice rule.
How Long The ALR Suspension Can Last
These are common adult suspension periods in the statutes:
- Failure of test: 90 days for no prior enforcement contact in the prior 10 years, or 1 year with one or more enforcement contacts in that lookback period
- Refusal: 180 days, or 2 years with one or more enforcement contacts in the prior 10 years
ALR Is Separate From The Criminal Case
Texas law explicitly describes the administrative determination as a civil matter that is independent of the criminal case, and it generally does not stop the criminal prosecution from moving forward.
What Happens If You Request A Hearing
For refusal suspensions, the law states that a request for a hearing stays the suspension/denial until the administrative law judge’s final decision.
For failure-of-test suspensions, the statutes set the hearing procedures and timing, including that the hearing “shall be held before the effective date of the suspension,” and certain continuances can stay the suspension until the final decision.
Defense Issues That Often Matter In Holiday DWI Cases
Every case is fact-specific, but these issues come up often in Arlington-area DWI arrests:
- The Stop: Was the stop lawful, and is the reason supported by video or objective facts?
- Probable Cause: Did the officer have enough reliable facts to arrest?
- Field Sobriety Tests: Were instructions clear, was the testing area safe, were there medical or footwear issues, and what does the video actually show?
- Breath Or Blood Testing: Were procedures followed, is the timeline clear, and is the chain of custody documented?
- Timeline Questions: Holiday parties often involve food, time gaps, and “one last drink,” which can create disputes about timing and alcohol absorption.
If an ALR hearing is requested, Texas statutes lay out the issues to be decided at the hearing, including (in refusal cases) whether reasonable suspicion/probable cause existed, whether probable cause existed to believe the person was operating while intoxicated, and whether the person refused.
For failure-of-test cases, the ALR statute lists issues including whether the person had an alcohol concentration at the statutory level while operating in a public place (among other elements).
If You Were Charged Over The Holidays: Practical Next Steps
If you’re facing a Christmas-season DWI in Arlington, here are steps that tend to help people get organized quickly:
- Write down your timeline while it’s fresh (where you were, when you drove, what you ate, what you drank, and approximate times).
- Save every document (citation, bond paperwork, tow slip, release paperwork, ALR notice, breath/blood paperwork).
- Do not miss the ALR hearing deadline. In many cases, it’s 15 days from the notice.
- Follow bond conditions closely. Violations can create new problems fast.
- Keep the case off social media and out of group texts. Those messages can become exhibits.
- Talk to a Texas DWI lawyer early so someone can request records, preserve video where possible, and line up the case deadlines.
Planning A Safe Ride Home After Holiday Parties In Arlington
Most people don’t plan to get arrested. They plan to get home. Plan the ride before the first drink:
- Pick a sober driver
- Rideshare or taxi
- Stay the night where you are
- Host with food, non-alcohol options, and a clear “no driving after drinking” plan
TxDOT’s holiday safety messaging also emphasizes planning a sober ride during the season and notes the heightened enforcement period.
Charged With Christmas DWI? Contact Arlington Criminal Attorneys
A DWI arrest can impact your driver’s license, your criminal record, and your job. If you were arrested in Arlington during the holidays, consider speaking with a criminal defense lawyer in Arlington who can review the stop, testing, ALR notice, and your court paperwork, and explain what deadlines apply next.
