Travis County DUI Guide

DUI Arrest in Travis County, TX: Complete Guide

Being arrested for Driving While Intoxicated (DWI) in Travis County can be a disorienting experience. This guide provides immediate, practical information to help you understand the process, navigate the legal system, and protect your rights. It outlines the critical steps to take in the first 24 hours, explains important deadlines, and details local resources available to you. Remember that a DWI arrest triggers two separate legal proceedings: the criminal case and the Administrative License Revocation (ALR) process affecting your driving privileges.

Immediate Steps (First 24 Hours)

The initial hours following a DUI arrest in Travis County are crucial. Here's a general timeline:

• Arrest: You will be taken into custody by an officer from an agency such as the Austin Police Department or the Travis County Sheriff's Office.
• Booking: You will be transported to the Blackwell-Thurman Criminal Justice Center (BTCJC). The booking process involves fingerprinting, photographing, and recording your personal information.
• Phone Calls: You will generally be allowed to make phone calls after the booking process is complete. Use this opportunity to contact a licensed bail bondsman and/or a DUI attorney.
• Magistration: Within 24 hours, you will appear before a magistrate judge who will set your bail amount and inform you of the conditions of your release. A common condition is a prohibition on driving for a specific number of hours (e.g., 12 or 24 hours) immediately following release to ensure you are fully sober before operating a vehicle. Violating this condition is a violation of bond conditions and can lead to re-arrest.
• Release: Once bail is posted, you will be released from custody.

Critical Deadlines

Missing deadlines can have serious consequences. Here are the key deadlines to be aware of:

• ALR Hearing Request: You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS). Failure to request a hearing within this timeframe will result in an automatic suspension of your driver's license, which will take effect on the 40th day after your arrest.
• Court Appearance: You will receive a notice of your initial court appearance date. This is typically within 20-45 days after the arrest.
• DIC-25 Validity: The temporary driving permit (DIC-25) issued at the time of your arrest is valid for only 40 days, but requesting the ALR hearing automatically extends the validity of the DIC-25 beyond the initial 40 days. It remains valid until the ALR judge signs a final default judgment or order of suspension. Keep a copy of your hearing request and the certified mail receipt alongside the DIC-25 to prove to law enforcement that the 40-day expiration date printed on the form has been legally extended.

DUI Enforcement in Travis County

Travis County law enforcement agencies actively enforce DWI laws. Blood draws are increasingly common due to "No Refusal" weekends and warrant-based draws.

Local Resources

• Blackwell-Thurman Criminal Justice Center: 509 W. 11th St
• Justice of the Peace Precinct 5 (Judge Chu): 1000 Guadalupe St.
• Justice of the Peace Precinct 3: 8656-B West Hwy 71.
• Texas DPS Headquarters (Administrative Intake): 5805 North Lamar Blvd, Austin, TX 78752. This is where ALR hearing requests can be hand-delivered.
• SOAH Headquarters (Hearing Venue): 300 W. 15th Street, Suite 504, Austin, TX 78701. This is the location for in-person administrative hearings in Austin.
• Online Warrant Check: You can check for outstanding warrants in Travis County online at /services/public-resources/warrant-search.
• Occupational Driver's License (ODL): Information can be found at Justice of the Peace Precinct 5 and Justice of the Peace Precinct 3.
• Texas DPS License Eligibility: Check your license eligibility and reinstatement requirements at Texas DPS License Eligibility.

What Makes Travis County Different

Travis County has unique aspects to its DUI procedures:

• Hybrid ODL System: Travis County courts typically enforce a hybrid system for Occupational Driver's Licenses (ODLs), utilizing both a fixed schedule (limiting driving to 4 hours in any 24-hour period, extendable to 12 with justification) and a mandatory logbook.
• ODL Filing Jurisdictions: The ODL petition is filed in the court with jurisdiction over the case. Justice of the Peace Precinct 5 (Judge Chu) is located at 1000 Guadalupe St. and Justice of the Peace Precinct 3 is located at 8656-B West Hwy 71. If a Class A or B misdemeanor (DWI) case has been filed, the ODL petition is typically attached to that court to streamline the proceedings.
• 45-Day ODL Rule: Once the judge signs the ODL order, that paper order serves as the legal driver's license for 45 days. During this 45-day window, the driver must send the order, the SR-22 insurance certificate, and the reinstatement fees to DPS in Austin. If the plastic Occupational License card is not received from DPS within 45 days, the court order expires as a permit, and the driver is technically unlicensed again until the card arrives.
• ALR Hearing Location: ALR hearings are held at the State Office of Administrative Hearings (SOAH) Headquarters at 300 W. 15th Street, Suite 504, Austin, TX 78701, or via Zoom videoconference. They are not held at the Blackwell-Thurman Criminal Justice Center or DPS Headquarters.
• DWI Pre-Trial Diversion (PTD) Program: Travis County offers a DWI Pre-Trial Diversion (PTD) program for first-time offenders with a BAC under 0.20 and no prior criminal history. Successful completion results in a dismissal of charges and eligibility for expunction.
• Travis County DWI Court: For repeat offenders, the Travis County DWI Court, presided over by Judge Elisabeth Earle (County Court #7), is a therapeutic accountability court.

To request an ALR hearing, you can submit the request online via the ALR Hearing Request Portal, by mail (certified), by fax (512-424-2650), or hand-deliver to DPS Headquarters at 5805 N. Lamar, Austin.

Frequently Asked Questions

Q: What happens if I drive before I get my plastic Occupational Driver's License card after the ODL order is signed? A: The paper ODL order serves as your license for 45 days. You must send the order, SR-22, and reinstatement fees to DPS during this time. If the plastic card doesn't arrive within 45 days, the paper order expires, and you are technically unlicensed until the card arrives.

Q: Where do I file my petition for an Occupational Driver's License in Travis County? A: The ODL petition is filed in the court with jurisdiction over your case. This could be Justice of the Peace Precinct 5 (Judge Chu), Justice of the Peace Precinct 3, or a Travis County Court at Law.

Q: What is the "12-hour myth" regarding driving after a DUI arrest in Travis County? A: The "12-hour" myth refers to a common condition of release imposed by the magistrate judge when you are bonded out of jail. This condition prohibits driving for a specific number of hours (e.g., 12 or 24) after release. This is separate from your license status and violating it is a violation of bond conditions, not necessarily a DWLI offense, though it could lead to re-arrest.

Find a local DUI attorney in our attorney directory or browse licensed bail bondsmen serving Travis County.

Sources

• Travis County Justices of the Peace
• Travis County Justices of the Peace - JP3 - ODL
• Travis County Justices of the Peace - JP5 - ODL
• State Office of Administrative Hearings
• State Office of Administrative Hearings - Visiting Austin HQ
• Texas DPS License Eligibility
• ALR Hearing Request Portal