Real Estate License DWI Lawyer In Beaumont, TX
Real estate agents and brokers in Texas are licensed by the Texas Real Estate Commission, known as TREC. Its rules list offenses it treats as related to the work, and DWI appears at the felony level.
How Does A DWI Affect A Texas Real Estate License?
TREC licenses agents and brokers under Occupations Code Chapter 1101 and applies Chapter 53 to criminal history. Its guidelines in 22 TAC § 541.1 name felony DWI and DUI among offenses it treats as related to a license holder's duties. A DWI also starts a driver's license case with a 15 day deadline.
Source: Texas Occupations Code Chapter 1101, Real Estate Brokers and Sales Agents
Understanding The Rules
How Does A DWI Affect A Texas Real Estate License?
TREC licenses brokers and sales agents under Chapter 1101 of the Occupations Code. Like every licensing agency in Texas, it works within Chapter 53, the statute on criminal convictions and occupational licenses, and it adds its own rules for the real estate business.
Those rules are 22 TAC § 541.1, the criminal offense guidelines, and § 541.2, which governs the criminal history evaluation letter and fitness determination. The guidelines list offenses the commission treats as directly related to the work. Felony offenses involving driving while intoxicated or driving under the influence are in that list.
The rule also takes up rehabilitation. The commission considers mitigating factors, and the person seeking the license is responsible for providing that evidence.
Where a DWI can enter a licensee's file:
- A criminal history recheck at renewal
- Notice from the licensee after a final conviction, where TREC's rules call for it
- A broker or employer who learns of the arrest
- A fitness determination request by a prospective licensee
The overview of Chapter 53 is on the licensed professionals page.
Penalties And Consequences
What Are The Penalties And License Risks For An Agent's DWI?
The charge level matters more on this page than on most. A misdemeanor first offense and a felony third offense sit in different places in TREC's guidelines. These are statutory limits, not predictions.
Class B misdemeanor. Class A at 0.15 or higher.
Third degree felony.
As the commission states it. Read the current rule.
- First and second DWI
- Misdemeanors under Penal Code § 49.04, Class B on a first offense and Class A at 0.15 or higher. A second is Class A.
- Third DWI
- Third degree felony under § 49.09, with a range of two to ten years in prison.
- Licensing body
- The Texas Real Estate Commission, Occupations Code Chapter 1101.
- Offense guidelines
- 22 TAC § 541.1, with the evaluation process in § 541.2.
- Driver's license
- The ALR hearing must be requested within 15 days after the notice of suspension is received.
The commission's guidelines, a broker's policies and a client's expectations are three separate sets of standards, and each reads the result of the case in its own way.
Real Questions
What Do People Ask About A Real Estate Agent's DWI In Texas?
Will TREC revoke a license after a first DWI?
Does an arrest with no conviction matter?
What happens to showings if the license to drive is suspended?
Does a third DWI change the TREC picture?
Possible Defenses
How Can A Real Estate Agent's DWI Be Defended?
For a license holder, the final record is what TREC and later background checks read. An attorney reviews the stop, the testing and the evidence to see what the state can prove. No result can be promised.
A sales agent cannot practice independently. The agent works under a sponsoring broker, and a criminal case can raise questions with that broker long before any commission action.
Prior DWIs raise the level.
A third DWI is a felony, which is the level the commission's guidelines name. For the steps after a first arrest, see the first DWI page.
The wider effects of a record on work, housing and credentials are covered under collateral consequences.
The Stop
Was there a lawful reason to stop or detain the driver?
The Testing
Were field tests, breath or blood testing done and recorded correctly?
The Charge Level
Could the facts and any priors support a felony, or only a misdemeanor?
The Wording On Paper
Would a proposed plea read as a conviction, a deferred adjudication or a dismissal on a TREC form?
Mitigation Records
What classes, counseling or community work could support a fitness review?
The Broker Relationship
What do the agent's agreement and the brokerage policy require?
Local Process
What Happens After An Agent's DWI Arrest In Jefferson County?
Texas law sets the driver's license deadline. The courthouse, prosecutor and jail that handle an agent's case are the ones serving Jefferson County.
Booking And Bond
The person goes before a magistrate within 48 hours, who explains the charge and sets bond.
The ALR Request
A hearing request goes to the Texas Department of Public Safety, and the State Office of Administrative Hearings hears it. It is due within 15 days after notice is received.
Court Settings
The case is set for court, and the defense asks for the state's evidence, including video and lab records.
The Result And TREC
The final result is what the commission and later background checks see, at renewal or on an application.
- Misdemeanors
- Filed in one of the Jefferson County Courts at Law.
- Felonies
- Heard in the district courts at the Jefferson County Courthouse on 1085 Pearl Street, prosecuted by the Jefferson County Criminal District Attorney's Office.
- Who makes the arrest
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Booking
- Arrestees from every law enforcement agency in the county are booked into the county's jail system.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should A Real Estate Agent Do After A DWI Arrest?
An agent's calendar runs on showings and closings, and the deadlines do not wait. These steps are general information, not advice for any one person.
Count From The Notice
Find the notice of suspension and count 15 days from the day it was received.
Read The Agent Agreement
Check the brokerage policy manual for driving and disclosure rules.
Cover The Calendar
Line up help for showings and closings in case driving is limited.
Pull The TREC Forms
Read the criminal history questions on renewal forms before answering.
Build A Mitigation File
Keep dated records of classes, treatment or community work.
Keep Clients Out Of It
Do not discuss the arrest on social media or with clients.
Talk to a lawyer before entering a plea. A plea that looks small in court can read differently on a licensing form. Mitchell Law Firm offers a confidential conversation about a DWI charge for a real estate license holder in Jefferson County. Calling early keeps more options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Occupations Code Chapter 1101: real estate brokers and sales agents
- Texas Occupations Code Chapter 53: consequences of criminal conviction for licensees
- TREC: fitness determination for people with a criminal record
- Texas Penal Code Chapter 49: DWI offense and penalties
- Texas Transportation Code Chapter 524: administrative license suspension
- Texas Transportation Code Chapter 521: occupational driver's license
- Texas Department of Public Safety: Administrative License Revocation program
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Beaumont, TX
A misdemeanor charge and a felony charge are read differently by TREC. These pages cover the higher charges and the pages around them. See the full DWI defense overview for Beaumont.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Jefferson County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
Real Estate License DWI Questions People In Beaumont Ask
Which agency licenses a real estate agent charged with DWI in Beaumont, TX?
The Texas Real Estate Commission licenses brokers and sales agents under Occupations Code Chapter 1101. Its criminal offense rules are in Chapter 541 of Title 22 of the Texas Administrative Code. A sales agent works under a sponsoring broker, so a case can touch the broker relationship as well as the license.
Does TREC treat a felony DWI differently from a misdemeanor in Jefferson County?
TREC's criminal offense guidelines, 22 TAC § 541.1, name felony offenses involving driving while intoxicated or driving under the influence among those it treats as directly related to a license holder's duties. A misdemeanor first DWI is not in that felony category as listed, though the commission may still consider criminal history under Chapter 53.
Must a licensee tell TREC about a DWI conviction in Beaumont, TX?
TREC states that criminal backgrounds are rechecked at renewal and that a license holder is to notify the commission within 30 days after a final conviction. The exact trigger and wording come from the commission's current rules and forms, which are worth reading directly before any notice is sent or withheld.
What is a fitness determination for someone with a DWI in Beaumont?
Under 22 TAC § 541.2, a person can ask TREC to evaluate eligibility under Occupations Code Chapter 53 and § 1101.353 before applying for a license. The request goes on a commission form with a fee. The commission also weighs mitigating factors and evidence of rehabilitation, which the applicant supplies.
Does a sponsoring broker find out about an agent's arrest in Jefferson County?
It can happen through the agent, a background check or another source. Whether an agent must tell the broker comes from the brokerage's policies and the agent's agreement with it, not from the criminal case. Many brokerages also set rules for agents who drive clients to showings.
What outcomes can a licensee's DWI case reach in Beaumont, TX?
A DWI charge can be dismissed, reduced, resolved by a plea, resolved by deferred adjudication where the law allows it, or decided at trial. The commission's rules separate convictions from other results, so the ending shapes what is reported and how it reads. No result can be promised in advance.
Mitchell Law Firm, PLLC
Protect The License That Pays The Bills
The criminal case and the commission's rules start with the same arrest. Get advice before either one is final.
Serving Beaumont
