Real Estate License DWI Lawyer In Conroe, TX
An agent covering Montgomery County spends the week driving between listings, showings and closings. A DWI threatens that driving first, and the Texas Real Estate Commission's review of the license comes after the criminal case is resolved.
How Does A DWI Affect A Texas Real Estate License?
The Texas Real Estate Commission can deny, suspend or revoke a license on grounds in Occupations Code chapter 1101, and it weighs criminal history under Occupations Code chapter 53 and its own rules in 22 TAC chapter 541. A DWI also starts a separate driver's license case, and its 15 day deadline comes long before any board review.
Source: Texas Occupations Code Chapter 1101, Real Estate Brokers and Sales Agents
Understanding Texas Law
How Does A DWI Affect A Real Estate License In Texas?
A real estate practice in Montgomery County can span Conroe and the towns around it, including The Woodlands, Willis, Montgomery, Magnolia, Shenandoah, Oak Ridge North, Panorama Village, Cut and Shoot, Splendora, New Caney, and Porter. Listing appointments, showings, inspections and closings all mean time in the car, often with buyers in the back seat. A suspended driver's license stops that work well before the Texas Real Estate Commission reviews anything.
The suspension is administrative and runs apart from the criminal charge. It begins on day 40 unless an ALR hearing is requested within 15 days after the notice is received. On a first arrest it lasts 90 days for a failed test and 180 days for a refusal.
Weekends matter. Open houses and showings cluster on Saturdays and Sundays, and the county's No Refusal program runs during these periods: Weekends, holidays and selected enforcement periods, publicized in advance.
What a suspension would change for an agent:
- No driving to showings, listings or closings
- No driving clients, under any brokerage policy
- Driving only under an occupational license, if one is granted, within its limits
- Possible conditions such as an ignition interlock
An occupational driver's license is limited to essential needs such as work, and the court sets its terms. It keeps an agent on the road, but on a schedule someone else approves.
Penalties And Consequences
What Are The Penalties And License Risks For A Real Estate Agent's DWI?
The penalty range comes from the Penal Code, the enforcement conditions in Montgomery County shape the evidence, and TREC reads the result. These are limits, not predictions.
Class B misdemeanor, with Class A reserved for a result of 0.15 or more.
A failed test brings 90 days. A refusal brings 180.
- Classification
- First offense: Class B misdemeanor under Penal Code § 49.04. Class A at 0.15 or higher.
- Range
- 72 hours to 180 days and up to $2,000 for Class B. Up to one year and up to $4,000 for Class A.
- Driver's license
- 90 days for a failed test or 180 for a refusal on a first arrest, unless the hearing changes it.
- No Refusal program
- A driver who refuses a breath test does not end the testing. The officer contacts an on-duty prosecutor who drafts a blood search warrant, an on-call judge reviews it for probable cause, and if signed, blood is drawn by a nurse over the driver's objection.
- Licensing authority
- Texas Real Estate Commission, applying Occupations Code chapters 1101 and 53.
- TREC rules
- 22 Texas Administrative Code chapter 541, covering criminal offenses and fitness.
- Before applying
- A fitness determination request to TREC, for people who have not yet applied.
Real Questions
What Do People Ask About A Real Estate Agent's DWI In Texas?
Will TREC automatically revoke my license after a DWI?
Does an arrest with no conviction matter to TREC?
What if I drive clients and my license is suspended?
Should I tell my broker before the case ends?
Does a deferred adjudication count as a conviction for TREC?
Possible Defenses
How Can A Real Estate Agent's DWI Be Defended?
A case that ends without a conviction reads very differently to TREC and to background checks than one that ends with a judgment. An attorney reviews the stop, the testing and the evidence to see what the state can prove, and no result can be promised.
A real estate license involves other people's money, property and trust, so TREC asks whether the holder is fit for that. The broader framework boards use is on the page for DWI defense for licensed professionals.
The final judgment is what later checks show.
Brokers, lenders, property managers and sometimes clients run their own checks. A dismissal may qualify for an expunction, which removes the arrest. Some other outcomes may qualify for an order of nondisclosure, which keeps the record from most private background checks.
A conviction does neither. It also has no expiration for enhancement, so a later arrest would be charged as a second DWI.
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 ALR Hearing
Can the officer's reports and reasons for the arrest be questioned at the license hearing?
The Result On Paper
Would a proposed plea read as a conviction, a deferred adjudication or a dismissal on later forms?
Rehabilitation Evidence
What records of classes, counseling or community involvement could support a later TREC review?
Disclosure Wording
What do renewal and application questions ask, and what does the result require?
Local Process
What Happens After A Real Estate Agent's DWI Arrest In Montgomery County?
The license deadline comes from state law. The court and prosecutor handling an agent's case are the ones serving Montgomery County.
Booking And Bond
After arrest the person is booked and taken before a magistrate, who explains the charge and sets bond.
The 15 Day ALR Window
The driver asks for an ALR hearing within 15 days after receiving the notice of suspension. The State Office of Administrative Hearings holds it by telephone or videoconference.
Court Settings And Evidence
The case is set in court, and the defense asks for the state's evidence, including video, reports and lab records.
Resolution And The TREC Record
The final result is what the Commission and future background checks see at renewal, application or investigation.
- Where it is filed
- Filed in one of the Montgomery County Courts at Law and handled by Montgomery County District Attorney's Office.
- Who arrests
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive.
- 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?
Some deadlines begin before anyone has a chance to plan. The list below is general information and not advice for any one agent.
Count 15 Days
Find the date on the notice of suspension and count 15 days for the ALR hearing request.
Read Your Brokerage Policies
Check the agent agreement and policy manual for driving and disclosure rules.
Plan The Showings
Line up coverage in case driving is restricted, and ask about an occupational license.
Pull Your TREC Forms
Review renewal questions about criminal history before answering.
Start A Rehabilitation File
Keep dated records of classes, treatment or community work.
Stay Quiet Online
Do not discuss the arrest on social media or with clients.
Speak with a lawyer before any plea is entered. A result that seems minor in criminal court can look quite different on a TREC form. Mitchell Law Firm offers a confidential conversation for real estate license holders facing a DWI charge in Montgomery County, and an early call keeps the most options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Occupations Code Chapter 1101: Real estate license requirements and disciplinary grounds
- 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 Conroe 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 Conroe, TX
TREC reads the charge level and the final result, so it helps to see how a real estate agent's case compares with the other DWI charges. See the full DWI defense overview for Conroe.
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 Montgomery 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 DWI Questions People In Conroe Ask
Can a Conroe, TX real estate agent keep working after a DWI arrest?
The arrest does not suspend a real estate license by itself. The driver's license is the nearer problem. The administrative suspension begins on day 40 unless an ALR hearing is requested within 15 days after the notice of suspension is received. If a suspension does begin, Texas law allows an application for an occupational driver's license limited to essential needs such as work, with conditions set by the court.
How does the Texas Real Estate Commission treat a DWI from Montgomery County?
TREC can deny, suspend or revoke a license on the grounds in Occupations Code chapter 1101, the Real Estate License Act, and it applies Occupations Code chapter 53 when it considers criminal history. Chapter 53 directs a licensing authority to weigh factors such as the nature of the offense, how long ago it happened and evidence of rehabilitation.
Can someone with a DWI in Conroe, TX ask TREC before taking real estate courses?
TREC offers a fitness determination to people who have not yet applied for a license, so a prospective agent can ask how the commission views a criminal history before paying for the required education. The answer depends on the facts disclosed in the request, so leaving something out weakens what the determination is worth.
Does a DWI arrest in Montgomery County have to be reported to a sponsoring broker?
Texas sales agents work under a sponsoring broker, and brokerages set their own policies on arrests, vehicle use and driving clients. Whether an agent must tell the broker depends on that brokerage's policies and the agent's agreement with it. The criminal case itself does not notify the broker.
What results can a real estate agent's DWI case reach in Conroe, TX?
The case can end in dismissal, a reduction to a lesser charge, deferred adjudication where the statute allows it, a plea, or a verdict at trial. A dismissal may qualify for expunction, and some other results may qualify for nondisclosure. Which is available in a particular case depends on its facts and its evidence.
What should a new agent in Conroe, TX say about a past DWI on a TREC application?
TREC tells applicants to disclose criminal history, older misdemeanors included, and an omission can become a separate honesty problem. Each applicant is evaluated individually, and the commission considers rehabilitation evidence the applicant supplies. The exact wording of every application question controls what must be listed.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
The driving deadline comes first and the TREC review comes last. Call while the first one is still open.
Conroe Office
