Halloween weekend just passed — Oct. 31 through Nov. 1 — and in Tyler and across Smith County, that weekend is one of the busiest of the year for DWI arrests. If you, or someone in your family, was arrested this past weekend, you are not at the end of the process. You are at the beginning of it — and one deadline is already running.

Thanksgiving is Thursday, Nov. 26, 2026, and the Thanksgiving-to-New-Year stretch is the heaviest DWI enforcement season in Texas. More holiday parties, more late-night driving, more officers on patrol, and more "no-refusal" enforcement nights are ahead. Whether your arrest happened over Halloween weekend or happens over the holidays, this guide explains what happens next in Smith County, what a first DWI in Texas actually carries, and the one deadline you cannot afford to miss.

What Happens After a DWI Arrest in Smith County

A DWI arrest in Texas creates two separate cases at the same time, and many people only hear about one of them:

1. The criminal case. This is the charge filed in court — for a first offense, usually under Texas Penal Code §49.04. It decides fines, jail time, probation, and whether you end up with a conviction on your record.
2. The license case (ALR). This is a separate civil process run through the Texas Department of Public Safety (DPS) that decides whether your driver's license is suspended. It moves on its own timeline, and it can suspend your license even before your criminal case is resolved — and even if your criminal case is later dismissed.

After an arrest, you will typically be booked, released on bond, and given paperwork that includes a notice of license suspension. That paperwork matters more than most people realize, because it starts the clock described below. Keep every page of it, note the exact date you received it, and do not throw it away.

First-Offense DWI Penalties in Texas

In Texas, you can be charged with DWI if you are intoxicated while operating a motor vehicle in a public place — including a blood alcohol concentration (BAC) of 0.08% or higher.

A first-offense DWI under Penal Code §49.04 is a Class B misdemeanor, punishable by:

• 72 hours to 180 days in jail
• A fine of up to $2,000
• A driver's license suspension of 90 days to one year (in addition to any ALR suspension)

The penalties go up quickly from there:

• A BAC of 0.15% or higher elevates a first offense to a Class A misdemeanor — up to one year in jail and a fine of up to $4,000.
• A prior DWI conviction, a child passenger under 15 in the vehicle, or a crash that causes injury or death can turn a DWI into a felony, as explained below.

A conviction can also bring probation, DWI education classes, community service, ignition interlock requirements, and a state traffic fine on top of the court fine. And a DWI conviction stays on your record in ways that affect jobs, insurance, and future charges — which is why the early decisions in a case matter so much.

The 15-Day ALR Deadline to Challenge License Suspension — the Key Urgent Hook

This is the deadline that catches the most people off guard:

You have 15 days from arrest to request an Administrative License Revocation (ALR) hearing, or the license suspension takes effect.

If you do not request the hearing within those 15 days, DPS can suspend your license without a hearing at all. For a first offense, that generally means a 90-day suspension for a failed breath or blood test, and a 180-day suspension for refusing a test.

Requesting the hearing does two important things: it challenges the suspension, and it can buy time and information. The hearing is often the first chance to test the officer's version of events — the stop, the field sobriety tests, and the breath or blood test — before the criminal case moves forward.

Do the math from your arrest date, not from your first court date. If you were arrested over Halloween weekend, Oct. 31–Nov. 1, your 15 days are already counting down. If you are arrested over Thanksgiving weekend, the same clock starts that night — holidays do not pause it. If you are unsure whether the deadline has passed, call a lawyer immediately and bring your suspension notice with you.

What "No-Refusal" Enforcement Actually Means Over the Holidays

You will hear the term "no-refusal weekend" a lot between Thanksgiving and New Year's. Here is what it actually means — and what it does not.

"No-refusal" is an enforcement practice (judges and nurses on standby so officers can get blood warrants quickly), NOT a separate statute or a law that removes the right to refuse; refusal still carries license consequences.

In practice, during an announced no-refusal period, law enforcement, prosecutors, and judges coordinate so that if a driver refuses a breath or blood test, an officer can apply for a blood-draw warrant and get it reviewed much faster than on an ordinary night — sometimes with a judge and a nurse on standby for that purpose. If a judge signs a valid warrant based on probable cause, a blood draw can then proceed even without the driver's consent.

What no-refusal does not mean:

• It does not mean drivers "cannot refuse." You can still refuse a voluntary breath or blood test, and you can still refuse field sobriety tests.
• It does not give officers new powers they do not have on any other night. Officers still need probable cause, and a warrant still has to be valid.
• It does not mean a blood result automatically proves the case. How the stop was made, how the warrant was obtained, and how the blood was drawn and tested can all still be challenged.

TxDOT's statewide "Drive Sober. No Regrets." campaign runs through the holiday season for the same reason: Thanksgiving through New Year's is when impaired-driving crashes and arrests spike across Texas. Expect more patrols, more DWI enforcement, and more no-refusal nights in East Texas through the end of the year — not just on Thanksgiving weekend itself.

Enhanced Charges: School Crossing Zones and Intoxication Manslaughter

Two laws that took effect Sept. 1, 2025, have made some DWI cases far more serious than they would have been a year ago — even for a first offense:

• SB 826 — DWI in an active school crossing zone can be a state jail felony. If it is shown at trial that a person was operating a motor vehicle in a school crossing zone during the time the reduced speed limit applies to the zone, the DWI is a state jail felony, not a misdemeanor — even for a first-time offender. A state jail felony carries 180 days to two years in a state jail facility and a fine of up to $10,000.
• SB 745 — Intoxication manslaughter elevated to first-degree when multiple deaths occur in one transaction. Intoxication manslaughter is already a felony. Under SB 745, when more than one person dies in the same criminal transaction, it is a first-degree felony, punishable by 5 to 99 years or life in prison.

Other enhancements can also apply, including DWI with a child passenger under 15, which is a state jail felony, and repeat DWI offenses, which carry felony punishment. The facts that trigger an enhancement — where you were driving, who was in the car, and what happened in a crash — are often disputed, and they are exactly the kind of facts a defense lawyer examines first.

What to Do Next: Arrested for DWI in Smith County?

If you have been arrested for DWI in Tyler, Smith County, or anywhere in East Texas:

1. Count your 15 days and act on the ALR deadline first. Do not wait for your court date to deal with your license.
2. Do not discuss the facts of your case with officers, investigators, or on social media. You have the right to remain silent — use it, and let a lawyer speak for you.
3. Keep your paperwork. Bring your bond paperwork, your license suspension notice, and any citations to your consultation.
4. Do not assume a first DWI is minor, and do not assume a refusal means the case is lost. Blood warrants, test results, and enhancement facts can all be challenged — but only if someone examines them early.

At Lawhorn Law, P.C., we defend people charged with DWI and other crimes across Tyler, Smith County, and East Texas. If you or a family member has been arrested for DWI — over Halloween weekend, over the holidays, or at any time of year — call us at 903-999-1234 to schedule a consultation. The sooner you call, the more of your options, including that 15-day license deadline, are still open.

This article is general information about Texas law as of November 2, 2026, and is not legal advice. DWI law and enforcement practices change, and the outcome of any case depends on its specific facts; consult an attorney about your situation.