Step by step in Nueces County
1. The arrest. Penal Code 49.04 makes it a crime to be intoxicated while operating a motor vehicle in a public place. "Intoxicated" means not having the normal use of your mental or physical faculties because of alcohol, drugs, or another substance, or having an alcohol concentration of 0.08 or more (Penal Code 49.01).
2. The test request. Before asking for breath or blood, the officer must tell you, out loud and in writing, what happens if you refuse or fail (Transportation Code 724.015). If you refuse, the officer can apply for a warrant for your blood.
3. Jail. Arrests in Nueces County are booked at the Nueces County Jail, 901 Leopard St., Corpus Christi, run by the Sheriff.
4. Magistration. Code of Criminal Procedure Article 15.17 requires that you be taken before a magistrate without unnecessary delay and no later than 48 hours after arrest, in person or by video. The magistrate tells you the accusation, your right to a lawyer, your right to stay silent, and how to ask for an appointed lawyer if you cannot afford one, then sets bail if bail is allowed.
5. Bond and release. Once you post bail, you go home. Bond conditions are court orders, and breaking one can put you back in jail.
6. Which court. Misdemeanor DWI cases are heard in the Nueces County Courts at Law, No. 1 through No. 4. By statute those courts do not hear felonies (Government Code 25.1802). Felony DWI cases go to the District Courts: the 28th, 94th, 105th, 117th, 148th, 214th, 319th, and 347th.
7. The license case. If you refused a test or tested 0.08 or higher, the Texas Department of Public Safety (DPS) moves to suspend your license. This is a civil case, separate from the criminal one (Transportation Code 524.012).
What the charge can mean
| Situation | Level | Range |
|---|---|---|
| First DWI | Class B misdemeanor, 72-hour minimum (PC 49.04(b)) | Up to 180 days, up to $2,000 (PC 12.22) |
| Open container | Class B, 6-day minimum (PC 49.04(c)) | Class B range |
| Test of 0.15 or more | Class A misdemeanor (PC 49.04(d)) | Up to 1 year, up to $4,000 (PC 12.21) |
| One prior DWI | Class A, 30-day minimum (PC 49.09(a)) | Class A range |
| Passenger under 15 | State jail felony (PC 49.045) | 180 days to 2 years, up to $10,000 (PC 12.35) |
| Active school crossing zone (on or after Sept. 1, 2025) | State jail felony (PC 49.04(e)) | Same |
| Two prior DWIs | Third-degree felony (PC 49.09(b)) | 2 to 10 years, up to $10,000 (PC 12.34) |
Your license: the 15-day deadline
- DPS must receive your hearing request by the 15th day after you get the notice (Transportation Code 524.031, 724.041).
- If you gave blood, DPS mails the notice later. A mailed notice counts as received five days after mailing (524.013).
- With no timely request, the suspension starts on day 40 after notice (524.021, 724.035).
- A failed test means 90 days, or 1 year with an alcohol or drug enforcement contact in the past 10 years (524.022). A refusal means 180 days, or 2 years with a prior contact (724.035).
- A timely request holds off the suspension until an administrative law judge rules (524.032).
- Reinstatement costs a $125 DPS fee plus other fees (524.051).
FAQ
Will I lose my license right away?
Usually not. The suspension starts on day 40, and a timely hearing request holds it off until the judge decides.
Can I refuse the breath test?
Yes, but the refusal can be used at trial (Transportation Code 724.061), it brings a suspension of at least 180 days, and the officer can still seek a warrant for blood.
If I win the criminal case, do I get my license back?
If you are acquitted, DPS cannot impose the suspension and must cancel one already in place (Transportation Code 524.015). Other outcomes do not undo it automatically.
When is my first court date?
It depends on the court your case is filed in. Keep every paper you get at release and treat any date on it as required. You must appear at every setting unless the court excused you beforehand.
Do I need a lawyer for the license hearing?
DPS does not require one. Because the deadline is short, talk to a lawyer before day 15, not after.
William Patrick Delgado is a Corpus Christi criminal defense lawyer who handles DWI cases in Nueces County and served as a Nueces County Assistant District Attorney from 2010 to 2017. The first consultation is free. Call (361) 613-4945, Monday through Friday, 8:15 AM to 5:30 PM.